Posted By DianaB7 on 07/16/2018 9:54 PM
Hi, I live in a fairly new subdivision with about 28 properties (8 lots without homes but NOT owned by developer). In 2006 the 1st developer created an LLC and INC that are cited in the covenants he established for the area (includes plats of land not in our subdivision). He went bankrupt and dissolved the LLC and INC (this is FL) a few years later. In 2012 a second developer bought the land and built homes on them...the HOA was never mentioned but he did file a road maintenance agreement stating he was responsible for roads and drainage until an HOA was established. He just recently sold the last lot and turned off the lights in the neighborhood. The homeowners want them back on so we all met to see about setting up an hoa to cover the cost of the lights. This opened a can of worms bc we had half that didn't want an hoa and half that did. The road is private so it would take leg work to see if it meets DOT standards and could be sold to the county for them to assume maintenance responsibility and one of the homeowners told everyone the lights could only be turned on by having an est LLC. So at the first meeting everyone (that attended) voted to start the process of getting the hoa started again and elected board members. There were no minutes taken and no information sent out to owners who didn't attend. My question is, is it worth having an hoa for a small subdivision? Is the first meeting even official since the processes weren't followed described in the FL statutes about meetings and minutes and voting?
When someone states “includes plats of land not in our subdivision” that generally gives me a red flag that the Developer potentially had surrounding land and possibly “reserved” the right to add that land as future lots to the HOA.
If the second developer was responsible for other roads and drainage until HOA was established ... who is responsible for maintaining the roads and drainage after the HOA is established?
LOL ... If the lights were turned off ... then potentially the HOA is responsible for those lights?
It is worth having an HOA if you want the roads maintained, the lights turned on, etc. If you go to your local County Records and you look at what is attached to your Property Title ... I would bet the CCR’s and other documents will show up which means you are an HOA. To disolve an HOA which has any items to be paid for or maintained via association dues is difficult and I would contend near impossible.
While potentially the first meeting might not be official ... the minutes can note as such and that it was just the owners discussing concerns and how to best establish the HOA moving forward. When it comes to Voting for BOD and other very official items you just need to be sure to follow your Documents and your State Laws.