As times goes on there is always a need to update and modify an association’s key set of governing documents, i.e., Declaration, Bylaws and Articles of Incorporation [with most amendments involving the Declaration itself]. Fla. Statute § 720.306 is the governing section of Florida’s Homeowners Association Act setting for the statutory parameters as involving amending an Association’s Declaration. This statute provides that an association may be amended by the affirmative vote of two-thirds of the voting interests of the association, unless the governing documents of your community provide for a different percentage, whether lower or higher. Within 30 days after recording an amendment to the governing documents, the association shall provide copies of the amendment to the members, an often times overlooked procedure. However, if a copy of the proposed amendment is provided to the members before they vote on the amendment and the proposed amendment is not changed before the vote, the association, in lieu of providing a copy of the amendment, may provide notice to the members that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment and that a copy of the amendment is available at no charge to the member upon written request to the association. Copies of the adopted amendment may be sent electronically (email) as well. Certain types of amendments require a differing level of consent/approval. For instance, an amendment may not materially and adversely alter the proportionate voting interest of a parcel or increase the proportion or percentage by which a parcel shares in the common expenses of the association unless the record parcel owner and all record owners of liens on the parcels join in the execution of the amendment. Also, in certain circumstances existing financial institutions holding a mortgage on a parcel (home) would need to consent to the proposed amendment. Generally, if the amendment does not affect the rights or interests of financial institution/mortgagee, by way of example the priority of the mortgage or ability to enforce the mortgage, that financial institution’s consent is not necessary if the mortgage was recorded on or after July 1, 2013. In situations where consent of the financial institution is necessary delivering notice of the proposed amendment to the institution’s proper address followed up by a non-response from the entity will satisfy the notice/consent requirement. Failure to follow these procedures could render the adopted amendment voidable by the financial institution. Separate and apart from these procedural requirements, substantively, as to the proposed language incorporated into an amendment here is the standard measuring the text’s enforceability/validity. In determining the enforceability of an amendment to restrictive covenants, such restrictive covenant must not be arbitrary, capricious, or adopted in bad faith. Hollywood Towers Condominium Association v. Hampton, 40 So. 3d 784, 787 (Fla. 4th DCA 2010). Also, any ambiguity in a restriction must be resolved against persons [the Association] claiming enforcement. Cottrell v. Miskove and Beacon Groves Homeowners Association, Inc., 605 So. 2d 572 (Fla. 2d DCA 1992). Thus, a clearly worded amendment with text and language which is unmistakable and not random, unsystematic, or arbitrary in its application to all owners on a uniform-even basis will make the amendment enforceable and safe from a legal challenge.