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Subject: Florida- dis-agreement with HOA Board
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EileenE1
(Florida)

Posts:9


08/31/2011 11:35 AM  
I have recently contacted the Condo. Ombudsman (State of Florida) to find out information regarding HOA's and they have told me there is no such organization. Does anyone know who can be contacted for HOA related questions related to rules and regulations in our documents?
PetunkaM
(Florida)

Posts:993


08/31/2011 11:47 AM  
Eileen,
There is no agency you can contact. Rules and Regulations – if this is what you mean- have the lowest priority. These usually address things like enforcements of speed limits, no noise after 10 pm, draperies and curtains must be uniform, how to address complains and things like that.
DonnaS
(Tennessee)

Posts:5671


08/31/2011 12:02 PM  

Eileen,

The condo Ombudsman would not help with a HOA if you mean stand alone homes, not condos. Rules and Regulations as Petunka has stated, are the lowest priority in your HOA docs. Exactly what are you looking for? Sometimes we are pretty darn smart right here and most often we can give you an explaination of what you might be looking for.
EileenE1
(Florida)

Posts:9


08/31/2011 2:23 PM  
1. I live in a townhouse community, so we are connected 4-8-or 10 connected side by side. No one can tell me if our enryways are common areas or do they belong to each individual home-owner? It states nothing in our documents.
2. Our documents state that the HOA is responsible for maintaing the common area.
3. We have recently come upon a problem that a neighbor complained about the entryway of another neighbor, that there is overgrown foliage. It states nowhere in our docs, what or what can't be planted in each entryway. and has threatened a lawsuit if it is not removed.
4. I have spoken to the condo advocate and they cannot tell me or rather advise me, as condo law and HOA law is different.
Therefore other than going to a HOA lawyer (which I am sure will "COST") I am seeking other resources.
EdC5
(Florida)

Posts:83


08/31/2011 5:54 PM  
Posted By DonnaS on 08/31/2011 12:02 PM

Eileen,

The condo Ombudsman would not help with a HOA if you mean stand alone homes, not condos. Rules and Regulations as Petunka has stated, are the lowest priority in your HOA docs. Exactly what are you looking for? Sometimes we are pretty darn smart right here and most often we can give you an explaination of what you might be looking for.




Stand alone or not isn't a distinction in Florida law; in fact, my 'condo' IS a stand alone home. What the Ombudsman's office will look at before getting involved is if your declarations fall under §718 (Condo) rather than §720 (HOA).

Edward J Cooke, CMCA, LCAM
PetunkaM
(Florida)

Posts:993


09/01/2011 5:06 AM  
Eileen,

I assume these townhouses are row houses and each owner has its separate entry area?

If true, there is only one way to find out who owns the entry way. Check your deed. It should say something like Plat __ Book ___. Then go to the Public Records and access the Plat. (I can do it on line and hope you can also.) The plat will show the boundaries of each property. Or, check the association files, a copy of certified Plat of your community should be there.
If that fails, the BOD would have to call in a surveyor, so no need to go to court.

Maintenance responsibilities: You can own the townhouse including the entry way but in many cases the Association is still responsible for maintaining the exterior of every unit including roofs, painting of buildings, etc. In this instance, the association would be responsible for maintaining the entry way, including your door frame, regardless who owns it.

However, if the owners are responsible for the exterior maintenance of your property and own the entry way then all owners must maintain it. Please check your covenants (not the By-laws and not the Rules.) Any more questions, feel free to ask.
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