JohnW11 (Florida)
Posts: 6
Posts: 6
Posted:
I am looking for the appropriate Florida State Agency to mediate or provide expertise regarding a dispute between the Association and the Declarant / Owner of the Amenities. The Amenities Owner has announced a 337% increase (from $150 to $656) for 2009 and a more substantial increase in 2010. The Association members find this increase unacceptable. I have attached a DRAFT of a document describing the issue. Below is a brief description:
Our Association has a mandatory Amenity Fee in our CC&Rs, which is payable to the Declarant / Amenity Owner. Failure to pay the fee can result in a lien against a homeowner's property. The Amenities are specifically defined in the CC&Rs.
The Declarant held a meeting on November 26, 2008 to present the expenses of the Amenities. The Association strongly feels that most of the expenses presented DO NOT relate directly to the Amenities defined in the CC&Rs and, therefore, should not be part of a mandatory Amenity Fee. We feel the expenses presented relate more directly to "for profit" operations (such as two restaurants and a Golf course) that are also owned by the Cub Owner.
Negotiations with the Declarant/Club Owner have failed. Where can we get assistance without litigation?
Our Association has a mandatory Amenity Fee in our CC&Rs, which is payable to the Declarant / Amenity Owner. Failure to pay the fee can result in a lien against a homeowner's property. The Amenities are specifically defined in the CC&Rs.
The Declarant held a meeting on November 26, 2008 to present the expenses of the Amenities. The Association strongly feels that most of the expenses presented DO NOT relate directly to the Amenities defined in the CC&Rs and, therefore, should not be part of a mandatory Amenity Fee. We feel the expenses presented relate more directly to "for profit" operations (such as two restaurants and a Golf course) that are also owned by the Cub Owner.
Negotiations with the Declarant/Club Owner have failed. Where can we get assistance without litigation?