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Subject: Developer Amends CCR’s
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Author Messages
JeffW6
(Florida)

Posts:51


05/14/2019 10:03 AM  
Doesn’t the HOA or Developer have to notify the homeowners that the CCR’s were amended on May 2017? They changed the “transition/turnover” rules!
RoyalP
(South Carolina)

Posts:737


05/14/2019 10:05 AM  
? Did they not record the amended CCRs ?

If so, they are now 'public records' !
GenoS
(Florida)

Posts:2907


05/14/2019 1:49 PM  
Posted By JeffW6 on 05/14/2019 10:03 AM
Doesn’t the HOA or Developer have to notify the homeowners that the CCR’s were amended on May 2017? They changed the “transition/turnover” rules!

Were you living there at that time? An HOA does have to notify homeowners within 30 days that an amendment has been filed. The association has to provide a copy of the amendment UNLESS copies were already provided in advance of homeowners' vote of approval.

If you weren't living there then the public records of the county would include duly enacted amendments and it would be on you to be aware of those. In addition, the association would have to maintain copies of all documents and amendments as part of its Official Records. Those would be provided to you on written request. If you don't request them, then it's on you to be aware of them since they're recorded in the county's official records.

Now if you asked to see all the amendments and were told "there are none" when, in fact, there were amendments, then that would be a different story.
JeffW6
(Florida)

Posts:51


05/17/2019 3:45 AM  
I have owned since 9/10 and lived here since fall of 2012! Not only did I know about it no one in my 220 FB group knew about it! No notice known to anyone! I have been watching closing since prior to me looking at County recorder’s office records.
JeffW6
(Florida)

Posts:51


05/17/2019 3:45 AM  
That is how I found them.
GenoS
(Florida)

Posts:2907


05/17/2019 1:30 PM  
I don't know what a 220 FB group is.

On top of that, FS 720.306(1)(b) says, "The failure to timely provide notice of the recording of the amendment does not affect the validity or enforceability of the amendment."

I think you should hire an attorney and ask about it. It might be too late since any challenge to an amendment of the governing documents must be brought within 2 years after it's recorded with the county's Official Records.
DouglasK1
(Florida)

Posts:1395


05/17/2019 8:12 PM  
Posted By GenoS on 05/17/2019 1:30 PM
I don't know what a 220 FB group is.


My initial thought is a Facebook group with 220 members, but I could be way off base.

Escaped former treasurer and director of a self managed association.
JeffW6
(Florida)

Posts:51


05/22/2019 6:33 PM  
I e-mailed the PM on Friday about the May 2017 recorded Amendment and on Friday May 17 we were all mailed out a copy of the Amendment. The PM said they were never notified by the Developer that they Amended the CCR’s 2 years ago!
JeffW6
(Florida)

Posts:51


05/22/2019 6:35 PM  
Yes! I created a Facebook Group for our homeowners only in preparation of the turnover.
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