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Subject: Developed controlled HOA
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Author Messages
JeffW6
(Florida)

Posts:64


03/06/2019 5:05 AM  
Our community is 11+ years old. It has grown from 345 homes to 685 in the last 4 years. Our HOA doesn’t enforce pool rules or any rules concerning HOA rules dealing with homes. We have a group of 170 homeowners that want HOA rules enforced. The turnover process is 3-4 years away. Any suggestions? Any recommendations for a Florida Attorney with dealing in HOAs?
GeorgeS21
(Florida)

Posts:1243


03/06/2019 11:00 AM  
Jeff,

Please consider posting a LOT more information - including history, specifics, quotes from your CC&Rs and Bylaws - everyone is going to be asking for specifics ... if you provide now it will make this a more efficient effort for all of us.
RichardP13
(California)

Posts:3650


03/06/2019 11:29 AM  
Jeff

I don't there is any need for specific information and all that. Being that you're still under developer rule/control must of what is done on a day to day basis is pretty much controlled by them. Pros and Cons, Pro-with rule enforcement done at a early stage it helps with the selective status and stuff getting grandfathered in. It helps maintain clear neighborhoods which benefits the marketability of the community. Cons-who is going to b e the bad person here. There has to be a committee that handles the creation and enforcement of the rules.

In a community of that size, my suggestion I would offer is do targeting campaigns. Let say in one month you target homes that don't store their trash can properly. Another month for landscaping. One season for painting. Let people know ahead of time what is expected of them as owners and what the penalty for non-compliance is.

Been there, Done that
GenoS
(Florida)

Posts:3048


03/06/2019 1:03 PM  
Jeff, it's way too early to think about hiring an attorney. If the developer is still in control then, as Richard says, they legally call the shots. Depending on what's in your governing documents, individual homeowners may have the right to bring enforcement actions but that's another can of worms. At least you've got 170 homeowners to divvy up the cost of a lawyer if you do decide to go down that road.

685 homes.... wow.
JohnC46
(South Carolina)

Posts:8434


03/06/2019 3:31 PM  
The bottom line question is how can Jeff and his allies get the Declarant to enforce the Covenants?
JeffW6
(Florida)

Posts:64


03/06/2019 4:01 PM  
Yes it is!
JeffW6
(Florida)

Posts:64


03/06/2019 4:05 PM  
685 homes and 984 at build out! I agree an attorney seems to early, but, 3 more years maybe a point of no return. We are just getting a Reserve Analysis completed and we currently have $24K in Reserves.
AugustinD


Posts:1785


03/07/2019 7:21 AM  
I am with George in wanting quotations from the governing documents. In particular, what do the governing documents say about "enforcement"?

In my experience in another state, I think I have read in the case law that the courts have forced a HOA under developer-declarant control to comply with the covenants.
KerryL1
(California)

Posts:6418


03/07/2019 9:10 AM  
With George & Augustine, read your CC&Rs to see if there is an "enforcement clause," which says something like any owner can enforce the CC&Rs and made other documents too like your Rules & Regs.

Some of us owners in my HOA are currently doing that via an attorney, i.e., we believe the board of directors is trying to do something that contradicts our governing documents.
JohnC46
(South Carolina)

Posts:8434


03/07/2019 3:25 PM  
Not to play lawyer, but I think the first thing Jeff and his allies need to do is have an attorney write
aLetter of Demand to the developer requesting he enforce the Covenants.
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