HOA PUBLIC POLICY in Florida

Started by HenryM4 • 6 replies • 1516 views

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HenryM4
Posts: 36

Posted:

Per the 2013 Florida Statutes, Chapter 720 Homeowners' Associations, section 720.3075 - Prohibited clauses in association documents - , paragraph 5, on page 26, it reads

(5) It is declared the public policy of the state that prior to transition of control of a homeowners’
association in a community from the developer to the nondeveloper members, as set forth in s. 720.307, the
right of the developer to amend the association’s governing documents is subject to a test of reasonableness,
which prohibits the developer from unilaterally making amendments to the governing documents that are
arbitrary, capricious, or in bad faith; destroy the general plan of development; prejudice the rights of existing nondeveloper members to use and enjoy the benefits of common property; or materially shift economic burdens from the developer to the existing nondeveloper members.

JackE1
Posts: 26

Posted:

And your point or question is?

TimB4
Posts: 20,986

Posted:

This exact posting came from a different thread.

I believe that Henry is trying to discuss the specific statute (similar to how Larry started up a thread about a court ruling.

Unfortunately, Henry didn't provide any other comments other than citing a single paragraph of FL 720.3075 without specifying if he agrees or disagrees with the paragraph, the whole section of the statute or why it should even be discussed.

HenryM4
Posts: 36

Posted:

I started this thread SIMPLY as a FYI.

I'm NEW to HOAs and to HOATALK, so everything is new to me. All I can do is ask questions (not provide answers) until I do my DUE DILIGENCE to begin to speak from a position of knowledge as it applies to MY HOA concerns/issues here in FLORIDA. I'm slowly getting there - I THINK!

In another thread, someone said something about the laws in Arizona (I think) as they apply to maintaining the integrity (my word) of a HOA subdivision. That's WHY I initiated this FYI.

When people respond to discussion I initiate, all I know is their username. How QUALIFIED they are to offer advice is another thing altogether. Is the responder just a person like myself (don't know much); are they speaking from their own experiences that may or may not apply to my concerns; are they lawyers who know or think they know THE LAW? Some responders say UPFRONT where they are coming from - like not a lawyer and don't claim to be, etc. I don't know how good any of the "advice" is that's being offered, but having said that, I have learned some very good things from some of the responses I've gotten or from other "discussions" I've read.

In the beginning, a few days ago, I took almost everything I received from a responder on HOATALK as the gospel unless forewarned or it was obvious not to do so! Call me naive!

KevinK7
Posts: 1,326

Posted:

Florida is a fun state for Hoas but this site is wonderful to learn from.

JohnC46
Posts: 14,230

Posted:

Henry

Some posters have been through the HOA wars and as such, have learned and can make a pretty good "guess" at what is going to happen.

PitA1
Posts: 220

Posted:

Henry,

YOU ARE NAIVE.

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