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Subject: Should this HOA really continue? Too many problems! Any suggestions please?

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StephenW3
(Florida)

Posts:15

12/30/2007 5:12 PM
My husband and I have been living in this community since March 07, we actually purchased the home with the land (1/2 acre). There are 40 homes in the whole community. It seemed that they were going to dissolve the HOA this yr, but someone decided to call for a meeting, and in October they re-elected the new president/secretary, etc. Only 11 home owners went to this meeting and they decided to keep the HOA. Anyway, we have to pay $25/yr fee, which may seem a ridiculously miserable fee for everyone else, but the problem is that nothing has been done in all these yrs. To start with, each resident owns land + trailer. So each one is responsible for mowing their grass, taking care of their yard, etc. Each one has a septic tank and if something goes wrong, each resident is responsible for paying for his/her own. We pay for street light + garbage and recycling which all come out of our yearly property taxes. The street is the county's responsibility (if any holes or other problems). We have a colvert and driveway which each of us is responsible for repairing, fixing, etc. There is no gate at the entrace, no landscaping, only a fallen down sign at the entrance which nobody bothered to fix (which there is no need to be there anyway, because we have street names!). There are no social clubs, ammenities, parks, landscaping in the community. So we are all wondering why we still need this HOA??? Where does the money go to? Nobody knows. We feel that it's a waste of money -- even though it's only $25/yr, but still... multiply that by 40 home owners... someone is getting $1000/yr easily!!! We do have the bylaws of the HOA, which was last updated in 1981!! There are stray cats from a neighbor, dogs who run around without a leash, trailers who are falling apart, etc. Nobody is bothering with these things, so why keep the HOA? We are trying to find a way to discover the legal way to encourage our neighbors who don't want to keep this association to go ahead and sign a petition in order to dissolve this HOA. There are no benefits of keeping this other than the President and Secretary keeping our money! What can we do about it??

DonnaS
(Tennessee)

Posts:5671

12/30/2007 5:26 PM
Do you own the land that you sit on or is it leased/rented? Quote for us any Documents that you have regarding Common Property or Common Expense. We will be able to help after that.

StephenW3
(Florida)

Posts:15

12/30/2007 5:30 PM
YES we do OWN both land AND our trailer.

StephenW3
(Florida)

Posts:15

12/30/2007 5:31 PM
YES we do OWN both land AND our trailer.

JC3

Posts:290

12/30/2007 5:53 PM
Posted By StephenW3 on 12/30/2007 5:12 PM My husband and I have been living in this community since March 07, we actually purchased the home with the land (1/2 acre). There are 40 homes in the whole community. It seemed that they were going to dissolve the HOA this yr, but someone decided to call for a meeting, and in October they re-elected the new president/secretary, etc. Only 11 home owners went to this meeting and they decided to keep the HOA. ...What can we do about it?? Sounds like this might NOW be a voluntary association, esp if you didn't agree to being in it. Check your county records dept, maybe the original _is_ dissolved, and if so, I would think that anyone wanting to be in this new one would need to agree in writing to it. A group of people can't just say, give me money, you're in an hoa, and make it so. If re-establishing a defunct one, there should still be prescribed steps. What happens if you don't hand over the $$? Check into the authenticity of the hoa first. They should probably have to file incorporation papers, and even so, I would think this NOW would be a voluntary association, rather than mandatory. What do the others think?

StephenW3
(Florida)

Posts:15

12/30/2007 6:09 PM
Yes we will check into the county records to see if there is anything in record there. Most people didn't go to this meeting and I'm sure they would not bother if the HOA was dissolved. We talk to some of our nearby neighbors and they say they would fare better without it. Nobody sign any papers saying we agree with it. If we don't pay the dues they say they put our property in a lien. That's what they say. Like I said before, the last papers were from 1981, and they never updated it or changed anything. Basically in the papers it states that we are a single family home, keep the grass cut and free of debris, trailers in a decent shape (clean, repaired), no pets walking around (there are many stray cats from a neighbor's house reproducing and spreading more kittens around our community, although nobody says anything). Well basically we are to keep our property looking decent, but we are solely responsible for it in all terms. Would a petition be necessary to dissolve it? if all the unhappy homeowners signed? Where should we take this document to? THanks a lot!

JC3

Posts:290

12/30/2007 6:24 PM
Posted By StephenW3 on 12/30/2007 6:09 PM Yes we will check into the county records to see if there is anything in record there. Most people didn't go to this meeting and I'm sure they would not bother if the HOA was dissolved. We talk to some of our nearby neighbors and they say they would fare better without it. Nobody sign any papers saying we agree with it. If we don't pay the dues they say they put our property in a lien. That's what they say. Like I said before, the last papers were from 1981, and they never updated it or changed anything. Basically in the papers it states that we are a single family home, keep the grass cut and free of debris, trailers in a decent shape (clean, repaired), no pets walking around (there are many stray cats from a neighbor's house reproducing and spreading more kittens around our community, although nobody says anything). Well basically we are to keep our property looking decent, but we are solely responsible for it in all terms. Would a petition be necessary to dissolve it? if all the unhappy homeowners signed? Where should we take this document to? THanks a lot! BECAUSE you didn't want the hoa restarted is EXACTLY why you should have gone, so you could vote against it. Just because they said they could lien doesn't mean they can legally, so you need to be sure of your facts. Read the original 1981 docs, look for words such as dissolving, terminating, extending, etc the ccrs, and how that gets done. If the original corporation died a natural death after so many years, and this is a NEW hoa, they would have to follow certain steps to incorporate: an hoa IS a corporation. If the original is dead, this is new, and AFAIK, should be voluntary, as I stated, but I'm not a lawyer and I am not very knowledgeable, so all this is my opinion. Do NOT, repeat, do NOT, try to take it to the bank! If it's voluntary, you don't need a petition, just don't join it. You may need to join with the other unhappy owners to fight this. It sounds like that group will need some legal notice that they are voluntary, not mandatory, if that's the case.

JC3

Posts:290

12/30/2007 6:26 PM
AND, go to all the meetings from now on to keep tabs on things and vote them down. Maybe you and the others can get on the board if needed and put an end to this new association that way.

StephenW3
(Florida)

Posts:15

12/30/2007 6:35 PM
Well this was all politics... even some of those who went to the meeting who voted against, a very small group of them actually voted and won!! (least voted). Anyway. It says on our papers about the lien being placed on the property if you don't pay the dues. We tried contacting the old Board of Directors but they don't even live at their place anymore! It's a big mess, we don't know who to talk to. The new president is never home. Someone said they are preparing the "newsletter" that should be coming up in January/February, saying that probably the dues are going to be kept or even raised!! It also says on the "old papers" that if you move into the subdivision you are automatically member of the HOA. The funny thing about this meeting they had is that they decided to have it on the new president's church! it's all about favoritism. Oh and more... they dropped a note in everyone's mailbox a week before Xmas saying they have a "Xmas decoration competition". The most beautiful house, wonderfully decorated, will get a prize. There is the 1st prize $50 and the 2nd prize $25. They say that this yearly fee we pay is for that. Hey, how about the other part of the money? According to our calculation they get $1000/yr = 40 trailers x $25/yr. Isn't that interesting? Should we try consulting with a lawyer. We are really lost in all this...

GlenL
(Ohio)

Posts:3622

12/30/2007 7:30 PM
StephenW3, when you bought your land, in the mountain of documents that you had to sign there would have been notice of the HOA and the fact that by purchasing the property you were joining it. Did you have an attorney looking out for your rights when you purchased? This would have been the time to hire the attorney to look out for your interests and explain anything you didn't understand or did you rely on the statements of the seller or the Realtor who do not have a vested interest in you? If you'll read the different threads here you will find that most people do not get involved with their HOA's unless their dues go up or the HOA is enforcing against them and just because your documents are from 1981 unless they have and expiration clause, IMO they are still valid. As to the $1,000 it probably goes to things like insurance, maybe a State filing fee and taxes if any on common areas like where the sign sits. As to the HOA you have the right to know how your dues are being spent. An HOA is a business and you are the shareholder you own 1/40th of the business. If a very small percentage voted and won either they were the majority of the people there or your documents like most REQUIRE 100% to vote to end an HOA. Instead of listening to second or third hand accounts of what went on, get off your duff and go to the meetings, ask questions and get involved. Since you're in a trailer community the church was probably used to accommodate the possible crowd, 40 times two people per trailer would be stretching even a doublewides capacity and I would imagine if it was the president's church they probably got a break on the rental of the hall. Another use of the $1,000 you seem to feel they are cheating everyone out of; most documents require at least an annual meeting P.S. If you go in with an attitude do not be surprised if people get defensive; as my momma used to say: "You can catch more flies with sugar than with vinegar." If you go to the BOD and ask politely (at least the first time) for someone to explain things; I'm sure someone will. P.P.S. Regarding the cats you can call your county animal control to deal with them, in a lot of areas it's against the law to let them run free, just like it is with a dog.

Your board meeting is not held in the Situation Room of the White House. It's not life or death. Let people in, keep it positive, then go home and get a good night's sleep. If you hold off drinking until after the meeting, instead of before or during, you're probably doing OK. JosephW

HaroldS
(Arizona)

Posts:904

12/30/2007 7:37 PM
Stephen - you say $25 x 40 = $1,000, which it does. BUT have all 40 of you and your neighbors paid? Did you pay? It requires all of you to pay before there is $1,000 "they" need to account for. Your own property deed should show if you belong to a mandatory HOA. There are steps required before they can file a lien. Filing a lien for $25 is pretty far fetched. You really need to determine if this is a valid HOA before you go any further. Harold

StephenW3
(Florida)

Posts:15

12/30/2007 8:10 PM
Well we were just looking at the paperwork we signed... actually it does say about the HOA, which for this yr we paid $15.40 when we bought this place back in March 07. What we don't realy understand is why is the need to keep this HOA!? Since everyone is responsible for themselves... Anyway, we knew about this HOA as when we purchased the home. We didn't have a realtor, we dealt straight with the previous owners. They did tell us everything and said it was very likely that the HOA would not continue because it had been over a yr at the time that they did not hold a meeting or send any documents/papers to the other homeowners. I don't know what the interest would be from the people (very few) who re elected these people to be in charge other than collect our money. We dont' have attitude, the only thing is we want to understand what's going on. Like some people already said, we have the right to. We had never resided in a subdivision before and to be honest, if we had really investigated that before, we would not have purchased this place. Although is peaceful and relatively orderly (except for the stray cats). By the way we called the animal control, but they can't do anything about it. They said we can choose to rent a trap for $30 and once we catch the cat, we give them a call and they come get the animal. There is one thing the HOA should be doing (as stated in the bylaws from 81) but they pretend they don't notice. Anyway, thanks a lot... more suggestions and comments are always helpful to us!

StephenW3
(Florida)

Posts:15

12/30/2007 8:20 PM
Yes it is against the law to keep animals unrestrained in our county in FL. Either you keep them in a leash or you contain them in your yard/house. We have 3 small dogs and never would they stay in my unfenced frontyard. They are kept in our fenced backyard or inside our house. Whenever I go out with them, either I walk them in a leash or they are in our car. Recently I was walking with them on our street and the HOA secretary's dog was in her frontyard running lose (no fence or leash) and it came straight to us, it actually touched my ankle. It barely missed from biting me. As I got back home, I called the Animal Control and they went to talk to her. Needless to say, she is very upset I did that, but you know what... I have the right to walk in the street, it's public and my dogs were in the leash. Her dog should have been in her fenced backyard or she should have had him in a leash. She yelled at me after the dog attacked us, that she had all the right to keep her dog in her property unleashed. I told her to go back and read the bylaws of the HOA, because it says right there. As a secretary (newly elected) she should know better. I love my home, it's actually the first home my husband and I own, but there are some minor aggrevations like this one I just described. I wish we could just forget about this HOA -- don't you think it's the cause of a lot of problems amongst neighbors? -- and just respect each other's rights, and live peacefully with each other.

GlenL
(Ohio)

Posts:3622

12/31/2007 2:07 AM
Posted By StephenW3 on 12/30/2007 8:20 PM I love my home, it's actually the first home my husband and I own, but there are some minor aggrevations like this one I just described. I wish we could just forget about this HOA -- don't you think it's the cause of a lot of problems amongst neighbors? -- and just respect each other's rights, and live peacefully with each other. Since you say this is the first time you've lived in a subdivision I won't yell too much about that statement. Not living in an HOA does not make neighbors good or bad, nor does living in one; a nice theory but one no more workable than communism. The neighborhood I grew up in had no HOA and yet the family four houses down had 14 or more cats that they let run free until they disappeared one by one. The guy three houses down bought a travel trailer 40 some foot long and silver which he parked beside his house. I could go on but hopefully you get my point that the same stuff happens, HOA or no HOA.

Your board meeting is not held in the Situation Room of the White House. It's not life or death. Let people in, keep it positive, then go home and get a good night's sleep. If you hold off drinking until after the meeting, instead of before or during, you're probably doing OK. JosephW

GlenL
(Ohio)

Posts:3622

12/31/2007 2:19 AM
Posted By StephenW3 on 12/30/2007 8:10 PM Well we were just looking at the paperwork we signed... actually it does say about the HOA, which for this yr we paid $15.40 when we bought this place back in March 07. What we don't realy understand is why is the need to keep this HOA!? Since everyone is responsible for themselves... Anyway, we knew about this HOA as when we purchased the home. We didn't have a realtor, we dealt straight with the previous owners. They did tell us everything and said it was very likely that the HOA would not continue because it had been over a yr at the time that they did not hold a meeting or send any documents/papers to the other homeowners. I don't know what the interest would be from the people (very few) who re elected these people to be in charge other than collect our money. We dont' have attitude, the only thing is we want to understand what's going on. Like some people already said, we have the right to. We had never resided in a subdivision before and to be honest, if we had really investigated that before, we would not have purchased this place. Although is peaceful and relatively orderly (except for the stray cats). By the way we called the animal control, but they can't do anything about it. They said we can choose to rent a trap for $30 and once we catch the cat, we give them a call and they come get the animal. There is one thing the HOA should be doing (as stated in the bylaws from 81) but they pretend they don't notice. Anyway, thanks a lot... more suggestions and comments are always helpful to us! You knew about the HOA going in, had no attorney and relied on the statement (unsubstantiated) of the seller that the HOA was going to go away. As I said before if you can get 100% of the people there to vote it out you can disband, not 99.9% but everyone. I get the impression from your posts that you are very concerned about the money the HOA is collecting and you have a absolute right to know how it's spent but no one is going to go through the paperwork hassles which include filing a tax form with the IRS for $1,000 bucks a year.

Your board meeting is not held in the Situation Room of the White House. It's not life or death. Let people in, keep it positive, then go home and get a good night's sleep. If you hold off drinking until after the meeting, instead of before or during, you're probably doing OK. JosephW

DonnaS
(Tennessee)

Posts:5671

12/31/2007 5:25 AM
Steven, Being that you are a "Mobile Home Park", you fall under Florida State Statutes 723, the Florida Mobile Home Act . Go to Google and key in Florida Mobile Home Statutes. It is the first listing . Click on this and it will answer all of your questions. It will tell you how to dissolve, what your rights are, etc.

PaulM
(Pennsylvania)

Posts:1347

12/31/2007 5:38 AM
StephenW3: You have recd many responses, many of which state in essence, 'buyer beware'....which, we know, is all too true! You must refer to your official documents to learn your answers. Not the seller, not your neighbor, not the person who lets the cats/dogs roam....it is your responsibility to know what you bought into. To ask should the HOA really continue is not as easy as it may sound to you. If your documents state you are recorded as an HOA (as you now have stated you did read), then to disband an HOA is done legally, with all the legal fees required... I offer you 2-other options. 1) Consult your local municipal office to learn what documents have been filed by the original developer, and any updates/amendments since that time; 2) get involved with the new Board. If you have documents, then you also have a 'type' of government or process dictating how the HOA is to be run or managed. Learn it, know it inside and out, and then roll up your shirtsleeves and pitch in to get this assn. moving in the right direction! Good Luck!

SusanW1
(Michigan)

Posts:5202

12/31/2007 6:29 AM
In the bylaws (you do have a copy, don't you?) the MISSION and PURPOSE of the associaton would be stated. As someone else said, most likely this is a "voluntary" association, since you say no services are provided and no land or assets are held in common. So I'm not sure where the lien capability comes from. The secretary should have all the corporation papers. Also ask to see the Articles of Incorporation. They will state the purpose of the group. You can call your State agency that oversees the coporations and ask if this corporation is even filed with them. Also, check with the county.

StephenW3
(Florida)

Posts:15

12/31/2007 6:57 AM
Donna... I looked up on google and it refers to The Florida Mobile Home Act, Chapter 723, F.S., relating to the rental of mobile home lots to mobile home owners. We do not rent our land, it was purchased together with the mobile home we live in. Someone said about the lien... if this is a voluntary association, and we own our land +home, how could they put a lien on us if we don't pay the dues? Also, if it's a VOLUNTARY association, I assume the fees are voluntary. I don't know if they file taxes every yr for the money they have been collecting. The thing is nobody says anything, we ask questions, nobody knows and seems that they are afraid to ask as well. They say they don't want to get involved in the HOA.

StephenW3
(Florida)

Posts:15

12/31/2007 7:03 AM
And our subdivision is not classified as "Mobile Home Park".

PaulM
(Pennsylvania)

Posts:1347

12/31/2007 7:10 AM
StephenW3: You need to review your legal document which, in the first few pages of the 'Declaration', should state by what Fla. statute the 'Submission of Property' the Developer defined it--perhaps a "Planned Community Act", or some other... Once you know that, you can then search for the Act and the specifics.

DonnaS
(Tennessee)

Posts:5671

12/31/2007 12:52 PM
Steven, What are you classified as with the State? You should have "Articles of Inc someplace and that will tell you exactly what the original HOA was filed under. This is the HUGE issue here and that is what are you filed under. I have spent much time today reading the Statute 723 which IMHO is what your Association is filed under. It is VERY lengthy and perhaps you did not read down far enough where it addresses owners of property within the mobile home community. Below is just 1 very breif paragraph on an association within 723. I hope that you go back and read your rights within this Statute. 3) In the event that the owners of lots in a mobile home subdivision share common areas, recreational facilities, roads, and other amenities with the owners of mobile homes in a mobile home park and the mobile home owners have created a mobile home owners' association pursuant to ss. 723.075-723.079, said mobile home owners' association shall be the authorized representative of owners of lots in said mobile home subdivision provided: (a) The members of the mobile home owners' association have, by majority vote, authorized the inclusion of subdivision lot owners in the mobile home park homeowners' association; and (b) The owners of lots in the mobile home subdivision are entitled to vote only on matters that effect their rights contained in ss. 723.002(2) and 723.074. History.--s. 11, ch. 99-382; s. 57, ch. 2000-258. Copyright © 1995-2007 The Florida Legislature • Privacy Statement • Contact Us

DonnaS
(Tennessee)

Posts:5671

12/31/2007 2:22 PM
Steven, I am really interested in finding some sort of a solution for you. I thought that you might have an opening for dissolution of this HOA because of default from any actions from the community but you have said that the President and Treasurer have been active, therefore the Association still exists. You should be able to get a copy of the Budget and see where the money is being spent. A Florida Corp does have to renew each year and that costs some money. Who is preparing the Federal tax return? That costs too. There must be common property because you said that there is a sign which is old and in need of repair and that will be considered common property. If indeed you can get a percent of the owners to petition for dissolution of the association, that is done legally. No plain piece of paper with signatures on it is going to be allowable with the State. It is a legal document and will be filed with the State and your County. But 100% of the owners will have to agree to dissolve the HOA. This is a piece that I found for you by a guy who writes in several newspapers. He is pretty sharp on this stuff. Ask The HOA Expert by Richard Thompson Question: Since homeowner associations are set up to be run by a minority who like to stick their noses into everyone's business, how do we go about dissolving ours? Answer: Homeowner associations have the same strengths and weaknesses as our federal, state and city governments. It is unlikely you could dissolve yours unless you got 100% of all owners to agree. HOAs are not designed to be intrusive. And "YES" they can lein your property for non payment of HOA dues. That is a Florida Law so do not get delinquent just for a "cause"

StephenW3
(Florida)

Posts:15

12/31/2007 3:52 PM
Hello again Donna, thank you so much for taking the time to help us. Anyway, we are not sure what kind of classification we fall under, state or what. It will be hard to get the 100% of all the homeowners to agree, since there is that tiny minority have already set the rules that the association shall continue. We don't understand why they could perpetuate this HOA because only 5 or 6 people went to the meeting, and they won to continue it. And then now if most want to dissolve the HOA we need ALL of them to vote for. They were talking about taking the sign down because it has been there forever, it is actually missing a lot of letters of the Estates name. Nobody cares really, because we only have 3 streets in the whole association and all of them have street names. We cannot contact the President because he is never home. We would like to take a look at the Budget papers because they said there is money in the reserve from the previous yrs, so they say! And the sign is still falling apart and that is really the only expense they have in our HOA. We don't know if they filed taxes for it. It's something to investigate. We have no money to hire a lawyer, we work full time, my wife and I, and seems that nobody else wants to butt in and help us understand these matters. All the neighbors are acting like "we pay them their yearly dues and be done with it". They are not worried with any improvements or where the reserve money is/or if there is any left. Like I said before it would be nice if we have significant benefits to be part of our HOA, but there is really none. We don't like to mess with politics, besides everything that's what this is. And there is always someone making money on someone else. Anyway, I really appreciate all your information but we feel that nothing is going to improve and then comes February and all the HOA will be just paying the dues and life goes on. We feel hopeless.

StephenW3
(Florida)

Posts:15

12/31/2007 3:55 PM
I'd also like to add to my previous post that the new secretary was the lady with the stray dog that attacked me on the street the other day with my dogs. She had mentioned she had the right to have her dog out in her property, and I told her there is a leash law and that this is even enforced in the bylaws of the HOA. She herself as a secretary is not giving a good example and worse... is being a threat to our HOA. Then... now... do you understand where I'm going with this? LAWLESSNESS

DonnaS
(Tennessee)

Posts:5671

12/31/2007 4:13 PM
YUP! I understand. There are processes in place and it will be in your best interest to use them. The unleashed dog who attacked you and your dogs. That is your town or County animal enforcement. If the dog is loose again, call on her. Obviously your ByLaws aren't pertaining to her. If you are questioning where these dues are going, then get a copy of the budget. If they won't give you one, then demand a copy. They are required by law to give it to you. If they refuse, then the Fl. Attorney General is who enforces this part. But most important, I NEED to know how you are incorporated. Florida has many Statutes to protect you as either a HOA, CONDO OR MOBILE HOME association. Because you have said that you have a mobile home , that eliminates condo so it one or the other HOA or Mbile Home. Once we have that for sure, the pertaining Statutes has all of the steps nescessary to get things straightened out. Look in the mound of documents that you got at closing and in the middle should be your Articles of Inc. which will tell you what you are.

StephenW3
(Florida)

Posts:15

12/31/2007 5:00 PM
Thank you again, Donna... I will dig them up tonite and read through. I will tell you what it says tomorrow. I called the Animal control that day, the officer told me that if I ever see that dog running around without a leash again, I must call them and they WILL fine her and/or take the dog away... depending on the "damages" he does to someone. Thanks again so much!!!!!

DonnaS
(Tennessee)

Posts:5671

12/31/2007 5:04 PM
My Pleasure, You have my interest sparked.

JC3

Posts:290

12/31/2007 5:48 PM
Posted By StephenW3 on 12/31/2007 3:52 PM It will be hard to get the 100% of all the homeowners to agree, since there is that tiny minority have already set the rules that the association shall continue. We don't understand why they could perpetuate this HOA because only 5 or 6 people went to the meeting, and they won to continue it. And then now if most want to dissolve the HOA we need ALL of them to vote for. ...I really appreciate all your information but we feel that nothing is going to improve and then comes February and all the HOA will be just paying the dues and life goes on. We feel hopeless. MY association does not require 100% memberd to dissolve, but less than 75%. _READ__YOUR__DOCUMENTS_. Unless required by state law, you termination requirement could be as low as 51% members agreeing to termination.

StephenW3
(Florida)

Posts:15

12/31/2007 5:59 PM
Hi I'm back... got the papers here. Right at the beginning it says "Walter William Investment CO., a Florida corporation, is the owner of the following described real property in Polk County, Florida, described as: Lots 1 through 45, inclusive, Indian Ridge, as per the Plat thereof recorded in Plat Book 87, Page 25, Public Records of Polk County, Florida. WHEREAS, the Owner of said real property desires to impose Restrictive Covenants and Conditions on said real property for the benefit of subsequent Grantees which Restrictive Covenants and Conditions shall be deemed to be covenants and conditions running with the land. NOW, THEREFORE, the following Restrictive Covenants and Conditions are hereby imposed upon each Lot as described hereinabove; the breach of which prior to January 1, 2015 A.D. shall not give rise to a possibility of reverter of right of entry for condition broken on the part of the Owner but shall entitle any record owner of any one Lot hereinabove described to proceed with legal action to prevent the futherance of any breach of said Restrictive Covenants and Conditions and/or for damages resulting from said breach. Failure to enforce in whole or in part any of said Restrictive Covenants or Conditions for any length of time shall not estop any party so entitled from enforcing same; however, the present Owner shall not be liable or responsible in any way for its failure to enforce any part of the Restrictive covenants or Conditions so enumerated. Further, invalidation of any one or any part of one of these Restrictive Covenants and Conditions by judgment of Order of Court will in no way affect any of the other Restrictive Covenants or Conditions herein set out, and such other Restrictive Covenants or Conditions shall remain in full force and effect. (Now they list the responsibilities of each lot owner as to how many people can dwell, no business activity shall be conducted, garbage disposal, type of anuimals permitted, etc, etc). Number 9 states "Each lot owner shall be responsible for lot and yard maintenance and shall, whether or not improvements shall have been constructed thereupon, maintain the upkeep thereof keeping the same free of debris and trash, unsightly weeds and litter." Number 10 states "Each lot owner shall be responsible for keeping any natural and/or man-made drainage areas or easements" and so forth. Item 13 says "Indian Ridge Property Owners' Association, Inc. - Each lot owner is a mandatory member of the Indian Ridge Property Owners' Association, Inc., a Florida corporation not-for-profit, and will maintain membership in the Association as long as the lot is owned. Each lot owner further agrees to maintain said membership in the Association in good standing and to abide by the Articles of Association, By-laws, Rules and Regulations of the Association as may be amended from time to time." Now, it says under "The Property Owners' Association shall be empowered:" Item 2: "(...) In this regard, the Association shall operate and maintain said drainage easements and/or drainage retention easements as common property in accordance with the surface water management system of the Subdivision as permitted by the Southwest Florida Water Management District which shall include and not be limited to culverts and related appurtenances." Item 7: "To determine, prepare, deliver notice of and collect assessments from the Association members for the purpose of the foregoing and to enforce liens for such assessments uncollected against a lot owner's lot within the Subdivision, with interest, costs and attorney's fees, by legal action if necessary. Under Item 7, the B.1 part says "Each lot and/or property owner shall be liable and obligated to pay to the Property Owners' Association an annual property improvement and management fee covering the cost of maintenance, improvement and operation of the various common areas under control of the Property Owners' Association hereinabove referenced which are for the private use and benefit of the property and lot owners." Item B.3: "There shall be a $25.00 initial membership fee per lot payable upon acquisition from the present Owner. (...) The amount of an annual assessment will depend upon the financial requirements for maintenance, improvements and operation of the common areas desired by the Association Members.Special Assessments for these purposes may, from time to time, be made by the Association." Item B.8: "The Association through its membership shall have the absolute right to modify all of the Restrictions contained herein by amendment, deletion and/or addition thereto upon the written direction of 75% or more of the membership in the Association; however, no amendment, deletion and/or addition thereto may be made that would affect the surface water management sustem of the Subdivision, including the water management portions of the common areas unless prior approval thereof is obtained from the Southwest Florida Water Management Disctrict." There are many things we have no clue of their meaning... so we decided to copy some of it so you can have an idea of what this is about. I have another set of papers with more information. I will try typing in another post.

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Forums > Homeowner Association > HOA Discussions > Should this HOA really continue? Too many problems! Any suggestions please?