Florida HOA Bills Under Consideration

Hi To All,

We have a State legislator who has a variety of Bills that he is going to introduce to the legislature during their 2008 session. Among them are topics that we recently have been discussing Below are some of them (just the basic parts)

1) HOA Board members must live year round in order to sit on a Board.

2)Board members, P.Ms and C.A.M.s must must disclose a "conflict of Interest" in awarding a contract to family members or friends. his includes any and all potential contractore doing business within the community. The Board member involved in a decision to award a contract may not vote in the awarding of such a contract.

3) Boards must provide or make available no less than 3 bids for services within the community.

As I aid, these are just the basic idea of these proposals. The Legislators name is Julio Robaina

"This bill is micro-managing at the State level!! My belief is:
"That government which governs least, governs best." - Thomas Jefferson "

Aren't HOA's just mini-governments and if so does the above also apply to them.

While they ARE issues of concern, I think that each Board ought to develop its own bylaw to deal with them. The State should only require that the HOA's bylaws have some kind of policy on these issues. But to write a master "law" to cover these managerial/administrative issues is not wise. - besides just WHO is going to enforce it everytime someone's brother in law cuts the lawn?

Hey Folks,

Don't shoot the messenger. I found this out by doing research and am not supporting or campaigning for it.

As you pointed out John, there are many items that you would like included. There are some that I would like and there are probably a thousand more like us. I am pointing this out for Florida Board members to get involved, call or write to the Legislation or do what makes you feel good but don't complain if you don't help out.

John,

I have always said that "POLITICIANS ARE LIKE A BUNCH OF BANANAS, THEY ARE YELLOW, HANG AROUND IN BUNCHES AND THERE ISN'T A STRAIGHT ONE AMONG THEM"
Feel better now?

Susan,

Donna I find you most interesting and knowledgeable. You have help me make many decisions. Where can I find all this out about what is in Tallahasse, goings on?We just elected a new member and she has a "dormant" C.A.M so this might come into play.

Laverne,
My best friend -"GOOGLE" shows me the way everytime I am searching for good stuff or nonsense. So I keyed in Florida Online Sunshine and searched a couple of the sites. If that doesn't give you enough, then key Florida Legislature. There are so many areas to search but of course, zero in on HOAs.

SusanW1 & JohnM -Thomas Jefferson's statement that government which governs least, governs best, does not mean that government should not govern, especially when it's necessary to protect it citizens. Florida Sunshine Law does not apply to HOA's, unless under very special and specific circumstances of an HOA acting as advisory to a municipality and that then pertains to minutes, agendas and the such.

One matter that all HOA's and COA's nationwide should be mandated to satisfy is a capital reserve analysis and deficiency study. Additionally, and probably radical, that no officer can serve for more than two consecutive terms, meaning rotate duties, no stagnancy. Which I might add is one of the contributing factors, if not the root, of corruption.

Gerald: We were told by our atty's years ago if 2 or more of us meet and discuss hoa business we have to submit minutes of what we spoke of and what was said. Thats why we use nothing but email between BOD Members. Its safer for us and we have a written record ( We are a 307 home hoa 38.5 acres )

Donna: Are you now or have you ever been a board member? You seem to never have been on a board or you might not understand what I am talking about.

We in 20 years have never ever had more than 6-12 people of a 307 member community attend a meeting. We started out 21 years ago at $25 per month with no sprinklers, no clubhouse, no nothing. Now we have community sprinklers on 60 percent of the property. We have a community clubhouse, we have a full size basketball court 3 brand new parking lots.We have a community web site with the past 2 years minutes on the site along with a complete copy of the docs and the ccrs. As well as committee meeting minutes.
We have wide open meetings we post signs at all entrances 4 days before board meetings.We also have 2 open bod seats for anyone who wants to be on the bod.

Does yours have that?

Serve before you point a finger.

The grass is not always so good when you have to take care of it. I have been treasurer for 8 years and vp for 12 years before that and I keep on getting reelected so I guess I have nothing to worry about. But I really have nothing to be concerned a about except politicans who think they know everything and have silly hearings to try to get horror stories to take to the capital to try and undermine existing hoas and condo boards who try to do what is best for there members. Even thou the balance of the State Leg wants to leave us alone. That is the only productive thing that came out of the meeting yesterday at BCC South.

Donna, how can I find out all this info besides the Fl .sites?Is there a place to go hear them in the Palm Beach area?

we have a "screening" that before new people can buy they go through a "screening"I like to call it interview. I have heard the word screening can not be used anymore. Any answer to that, and if so, what do other HOA's call it?

LaverneB...ooohh good topic.....Our HOA BOD says that anyone wanting to buy our PRIVATE RESIDENTIAL HOMES
MUST first submit an application and a check for $150.00 per person and go thru a CREDIT CHECK and CRIMINAL background or WE can't sell them our house then the BOD can make an offer to buy the house thru first right of refusal.....I say HOGWASH.......Who are they to interfere with a private transaction.....FDLE has a public site to check for pedophiles and as far as most of here are concerned we feel they are overstepping their boundaries here.......I am sure more to come on this topic.......LindaC3

HOATALK,

Our HOA does NOT screen or do a background check as we are single family homes.

The Condo association and 55+ villa community where I own a unit in each, do the "Interview" process for prospective buyers and renters. It has been done ever since they were formed. What they do is to review and read all Rules and Regs of the communities to the new people and ask them to sign a document stateing that they know and understand the rules. I have discussed this with both associations, letting them know that they cannot deny anyone applying for residency or ownership . It is against the Fair Housing Act to deny anyone unless they are blatingly refusing to agree to adhere to the rules.

Neither association has ever denied anyone to my knowledge. I think that it is antiquated and as you said, probably unenforceable.