More than 720?

Another newbie FAQ....I know about the 720 statutes and of course my covenants, but what other laws/rules are there to follow?
I hear things about Sunshine law, and Articles of Inc....do I need to study those also? Do they apply to non-profit hoa? As the new pres. I have alot of questions, sorry....I want to be as knowledgable as possible for the homeowners.

KrystaT - I'm pretty sure Florida Sunshine Laws do not apply to HOA's. Only if there's some advisory or specific interaction with the HOA and municipality. Study your governing documents first, and then state, local, and federal laws, statutes, etc. As you are newbie, now is a good time for me and others to impress upon you the importance of your governing documents being the rule that differentiates between what is right and wrong. If you operate within that framework and focus on the meat and potatoes of your fiduciary duties, all else will fall into place. Good luck!!

The thing about our governing docs is they are vague and weak. We have the same lawyer writing the docs for all the builders around here, and the rules are...well...generic.
So everyone has their own interpretation of the rules, which leads to fights. I've been told on SEVERAL occasions you have to "read into it." To me, if it's not in b/w it's not a rule.

Example; Our bylaws say you have to get approval from the ACC to make structural changes. To me structural changes are changes like adding a room etc. Some people view it as paint color, I don't.

So what is a "structural change?" Is it any change to the original structure, or is it changes of a structural nature?

There is one other document which might apply to you if you are a PUD (Planned Unit Development). Our FL development has an extensive agreement with the county.

Donna S. - If it is possible for HoaTalk to give you my private email address I will let you know of the "dumb" thing that was floated in my community by a developer and viewed favorably by board members who didn't know we had a PUD agreement with the county.

I don't know about PUD but I know about SWFWMD.....The Southwest Forida Water Management District....I'm going through a nightmare with them right now.

Retention ponds and water drainage systems. Things have been neglected, and we're currently awaiting fines. It's such a long story and a major quagmire. We're having the 5th BOD member fight us about easement rights, he won't allow maintenance on his property.(even with the easement) I'm not going in details but that's why I've been trying to research so much. I want to be an expert, have a rebuttle for every excuse. Things have gotten out of hand at 3 meetings now, where he yelled at me and was VERY out of line. I'm not sure what the deal is, he's the one acting out, but he says I'm out to get him, I have an agenda and bear him ill will.
There's so much more, but I'll refrain.
I'm so over it.....

Oh Donna, if you only knew....the facts have been shoved down his throat. I talked to SWFWMD, the engineer, and the everyone involved. I made a report an inch thick FULL OF DOCUMENTATION that he's known the whole time what needed to happen, just ingored it because it was "on his land." He's the ex pres. and he covered up the facts because he didn't want to have to make the comprimise. He knew the whole time about this violation and let it go for a year w/o telling anyone, even the rest of the BOD(I was the sec.) Homeowners asked him on several occasions if we were in compliance, he told them yes!

Ok, the story is....In 2003 SWFWMD turned over the property for the HOA to manage.
We have to have a inspection by an engineer every 2 yrs. 2005 came and went w/ no inspection.
2006 we had several complaints, SWFWMD came out, said "WOAH" this & this & this needs to be fixed AND you need an inspection.Engineer came out, and gave us a longer list to fix. Well all this took until the end of 2006. 2007 Jan. the CAM started getting bids for the project...the CAM mentioned/emailed/wrote him on several occasion of the urgency of the situation, and it needed to be addressed ASAP. He ignored that, fired the CAM, and we had a special assesment meeting in AUG. 2007
The maintenace started Sept. the maintenance guy started the work in the x-pres. backyard, and the x-pres. made him stop, said he didn't want his yard changed. Now mind you, there were other homeowners that were effected the same, with digging in their bakyard...but he didn't stop that.
The engineer came out @ $100 hr. and failed us TWICE because of his backyard(easement)and he did nothing! Told everyone everything was fixed.
I became pres. in Jan. 2008, and noticed we had never gotten our compliance letter from SWFWMD. So, I called them up and found out everything, had them fax me documentaion of letters to him stating we were swtill not complaint, asked the new sec. go to the engineers office, and get all pics and documention and showed it all to the BOD.

HE STILL DENIES IT!!!!! At our last meeting he was yelling, saying I didn't know what was going on, I was monday morning quarterback.I wasn't a lawyer, and
I didn't have a clue what I was talking about..blah blah blah...I was biting my tongue, and the VP and new sec lashed out at him to shut up. Now every homewoner in our neighborhood is facing fines all because of him, and they have no clue. He's telling people I'm out to get him, and have a secret agenda etc.
I've tried to work it out with him, but I think he's mad because I got voted the new pres. not him. He's yelled at me at meetings in front of the homeowners! I think he's pushing me to see if I will cave. I'm not going to. Fair is fair, right is right. He made other homeowners do what he would not do himself. That is a bad example, and poor leadership. He actually told me I was questioning his authority! Maybe it's because I'm a woman, who knows...but I am over it.
I talked to the lawyer and SWFWMD and the fines can get charged back to him, as well as attorneys fees, the maintence. BUT we have to pay out of pocket first I believe. We will go bankrupt.

It is in bad taste that I'm airing out dirty laundry on the internet, but I've had a couple of glasses of wine, and I received a ridiculous letter from him yesterday, and he's really pushing it.

So, now that's off my chest, sorry for any typos, and I can only hope no one from my neighborhood reads this!

Krysta,

Wow, you have to stay at the head of the ship and work this out with SWFWMD or else-- the concequences will be horrendous. DO NOT BUCKLE UNDER HIS PRESSURE as everyone knows he is the source of your impending fines and repair bills. The entire previous Board did a very poor job because no one was watching over him and his handling of his job. Every resident who boarders the ponds must know that there was something wrong just by looking at them. Basically, the ponds fell thru the cracks in attention.

Being a Board member does take some attention to what is going on. I have read on this site about so many Board members(not the posters) who think that there is nothing to do except show up for meetings and then just go home. It doesn't work that way.

Littorals are the vegetation/planted areas around the waterways. Ours are a 10 foot perimeter and is maintained by us but belongs to the County. Maybe because we are newer, we are required to have this area. It is there for the wildlife. It could be that you might be an older developement and it was not required to be installed. Anyhow, they are planted with Native vegetation and serve many purposes but mainly they give the wildlife a place to call home.

Susan,
That is what it sounds like to me, that the wetland and retention pond areas are in trouble. Each district has it's own monitoring and violation systems. Some give you very little waring as to a violation as each developement knows the importance in caring for these areas. And we are not talking a $1000.00 fine, we are talking huge amounts. That is why these areas are a major factor in our Budgets for thier care.
FYI, our budget carries a $65,000 line item for Lake and Preserve maintenances annually.

Krysta,
We need to come up with a way to get his sorry self out of office. I will not suggest a recall because that takes time and I do not know what kind of support you have. DO YOU HAVE AN ASSOCIATION ATTORNEY? This guy needs to be clued in and you nor other members are going to convince him to otherwise without a higher force beating in into his head.

Is the other Board member on the same page as you are? You guys do have the ability to outvote him. There comes a time when his stubborness needs to have a reality check. He cannot block the County from taking over but the sad news is that all of the rest of you are going to pay.

Tell him if he won't allow access to the outfalls for maintenance, then he should get some waders on and do it himself. But your documents must clearly state that the easement has priority over him. HE CANNOT PREVENT THIS MAINTENANCE BY DENYING ACCESS> PERIOD!!! Can you tell that I am ticked?

KrystaT: If you want to KNOW all there is about HOAs so to better manage the community, then that is a lofty goal!

Structural changes are the most difficult area of an association to manage. When we all lived 'pre-HOA or pre-COA', we could do just about anything to our home or unit and did not have to ask anyone for permission or input.
Not so with community living, as you will soon learn.

It would be wise for your assn. to establish Architectural Rules in keeping with the official documents pertaining to anything that will affect the 'outside' of the unit. That can be window/door style, color, bldg. materials, fencing, patio, roof color, etc. Whatever your docs state is permitted, or restricted, then the rules must follow with that. UNLESS, the community would decide to change with an amendment which needs a vote to pass and then be recorded.

Further to your reference to 'structural changes', it is important for those living in 'community' to be somewhat cohesive in appearance, and not look like a mish-mash or hodge-podge of every color or window feature ever manufactured.
Rather, to settle on a 'few' styles, colors, etc. from which residents can choose, all within the docs/rules which govern your association. A few choices will go farther in a desire to maintain the aesthetic look and the real estate value.

Personally, I do view a 'structural change' to include a paint color, for the very reasons noted above. In your 'old' neighborhood it may not have been, but for this purpose, view it as such by planning ahead to avoid future issues which can destroy a community.