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Subject: Florida HOA giving away common property to certain residents including Board Members
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Author Messages
DavidS52
(Florida)

Posts:1


06/08/2011 5:57 PM  
Hello , my name is David and i live in Florida . I am currently living in a 600 home HOA , our Board of Directors is trying to give certain Residents a portion of our common property for there own personal use, let me give you a brief scenario of my problems. There are approx, 596 homes in our Community , each and every unit has a screened or non screened Patio, some have chosen to permanently enclose there patio , and are now using Common property for a new patio, they have gone as far as putting in patio pavers and so on. This is in Direct violation of our Documents , on both cases , #1 encroaching on Common property, # 2 permanently enclosing or structural improvements to exterior walls .


( our Board is trying to use this phrase in justifying them giving away common property )

ANYTHING herein contained to the contrary not withstanding , certain portions of the common property
may be reserved as LIMITED COMMON PROPERTY for the exclusive benefit and use of specific owners.


Please help me with these condo commandos, i need some one with up to date laws on FLORIDA H.O.A
MelissaP1
(Alabama)

Posts:4818


06/08/2011 6:11 PM  
You have 2 issues and 1 goes beyond the HOA's reign. The first issue is the encroachment of the newer add on patio area. This isn't quite the violation you may be looking for. There is exclusive rights each owner has. The area is COMMON area where it is owned by ALL the neighbors. If the majority of owners/ACC/BOARD approves the use of this land to the owners as long as they maintain it and don't make it a HOA responsibilty, i have no issue with it. If the owners aren't taking responsibility, then that would be an issue.

The other is the enclosed patios. This is an INSURANCE issue. Enclosing space can effect insurnace coverages and even property taxes. This isn't the HOA's responsibility to handle this. The owners should notify their insurer that they have added additional enclosed space. Otherwise, it won't be covered in an emergency.

Former HOA President
EllieD
(Vermont)

Posts:366


06/10/2011 1:04 PM  
David S,

You did not say – are you a board Member? Also you said 596 homes – but to make sure, are they stand alone, and you are a HOA, and not a Condominium Association.

Sorry, I cannot offer any specific advice based on Florida statutes. But I have been involved in discussions re: whether or not to allow Limited Common Patios, not on the original plans, to be added later and built on Common Area property.

The phrase you quoted seems sort of familiar – I wonder whether or not, this refers to Limited Common that can be added – but only if the “top” document, your CC&Rs (or whatever the name) – is first Amended, in order to allow.

Hopefully, someone familiar with the Florida statutes will chime in.
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Forums > Homeowner Association > HOA Discussions > Florida HOA giving away common property to certain residents including Board Members



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