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Subject: Florida Neighborhood with CCRs, but no HOA
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GeorgeS21
(Florida)

Posts:1243


03/19/2019 6:21 PM  
Hi All,

Got a call today from a friend of the president of the voluntary HOA I sometimes write of ... very interesting circumstances. I listened to his explanation of their circumstances - 52 properties, single family homes on 51 of the 52 properties. Last annual meeting was 18 months ago - 3 directors remaining of the 5 elected. Moderately nice neighborhood with entrance signage, etc.

1. The CC&Rs date from original in 1987 with a modification in 1991 - bad news: MRTA extinguished them in 2017.

2. There is no mention of an HOA in the CC&Rs - bad news: with no HOA discussed, there is no HOA?

3. There are no Bylaws now, nor have there ever been (some in neighborhood were around at the beginning) - bad news: perhaps since no HOA in the CC&Rs there can't be Bylaws, and without Bylaws or specific CCR direction, there is no Board of Directors?

4. The neighborhood is not registered with Florida - bad news: perhaps it never was because there was no HOA?

Has anyone run into this sort of thing? Likely the main Florida specific context is the extinguishment of the CCRs by MRTA - other issues common response by almost all states?

The path forward seems quite long and hard - I advised them of this. Anyone see a recovery path?
DouglasK1
(Florida)

Posts:1416


03/19/2019 7:25 PM  
If the CCRs don't explicitly create an HOA, then I would think there isn't one. Deed restricted developments were around long before HOAs became popular, so you will see that, especially in older communities. Enforcement would be up to the neighbors in this situation. I assume there are provisions in MRTA to preserve and/or revitalize CCRs in the absence of an association, but I don't know what they are.

Escaped former treasurer and director of a self managed association.
GenoS
(Florida)

Posts:3040


03/20/2019 10:03 AM  
The MRTA statute, FS 712, has sections 712.11 and 712,12 that talk about property owners associations "not otherwise subject to chapter 720" and how they may use the procedures in 720.403-720.407 to revive covenants or restrictions that have lapsed.

Since FS 720 concerns itself with mandatory HOAs, those sections would seem to cover non-mandatory associations. (Not a lawyer, etc. etc.)
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Forums > Homeowner Association > HOA Discussions > Florida Neighborhood with CCRs, but no HOA



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