Get 1 year of free community web site hosting from!
Monday, May 25, 2020

HOATalk is a free service of

Get 1 free year community website and email newsletter hosting from!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: FL additonal HAO declaration
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages


02/01/2019 7:59 PM  
Several years ago our HOA purchased a club that had previously been owned by another entity but we had been required to be members of via a separate declaration. At that time the LLC that owned the club dissolved the declaration and the HOA purchased the property but not the LLC that recorded the declaration. No other documents were filed.

We were told that this would become common area. After some time it was discovered that a new declaration was filed by the board making a new entity, assigning the property to the club and making the HOA board the members of the Club board. This new entity is not an LLC or a corp. We have the same property that is common area and also a new "club" governed by a second declaration.

I'm having trouble determining what authority the board has to enact a declaration in this manner and quite frankly, it seems like a mess. This second declaration is not being included or revealed during sales from my understanding which could further compound matters. From the experts, how big of a problem is this and what can be done to fix this?


02/01/2019 9:36 PM  
You need to discuss this with a corporate lawyer. May need to apply for Incorporation status with the state. LLC's are tricky. I like to call them "The one who gets the shortest straw goes to jail for the rest". That is why it's important to get a full understanding of corporate set up that best works for your HOA.

Most HOA's are (non-charitable) non-profit HOA's. It may be that since your HOA is involved with what could be an income producing investment, you could be a "For-Profit" corporation. Some HOA's with example golf clubs are For-Profit. Still an HOA but the entire budget and filing status is different.

Don't use a Real Estate attorney in this mess. You have a corporate filing issues. The board could be taking you all for their ride if kept an LLC.

Former HOA President


02/03/2019 2:28 AM  
I concur with Melissa and think you need a good lawyer. From my limited understanding, taking on or disposing of real property in the form of "common property" may require a 100% vote of approval from the membership. And maybe the mortgage holders as well. An attorney can assist you in checking declarations, deeds, and other covenants that run with the land.

Depending on when the property was first deeded or placed under the "second declaraiton", MRTA could extinguish the deed restrictions after 30 years. You definitely need to talk to a lawyer. Maybe more than one since it sounds complicated and the abilities and expertise of laywes in Florida is, um... shall we say "questionable" in many respects. There are many good attorneys in Florida; the thing is there's no guarantee that you're going to find a good one right off the bat.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > FL additonal HAO declaration

Get 1 year of free community web site hosting from!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.

General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement