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Subject: FL Covenant Expiration MRTA
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Author Messages
JohnC46
(South Carolina)

Posts:8827


09/28/2015 8:35 AM  
Vicki

Please refresh my memory on what you personally want out of your situation.

Thanks
GwenG
(Florida)

Posts:600


09/28/2015 9:21 AM  
WalterM4 wrote:

Gwen: Is it possible that the DBPR may be able to provide some answers on proper voting regulations; after all the HOA's are supposed to be registered with the agency. My HOA is not registered as is required. Sunbiz has an alert stating when an association files it's annuals they must file with the department, of course they don't enforce the requirement. You have suggested filing a slander of title action for the HOA's wrongful filing of the preservation notice as an encumbrance on the title. Do you know of any cases involving slander of title that have been won.

In a word-no. The only sources for voting provisions are private governing documents (bylaws), FS720, FS617 and possibly FL Administrative law.

DPBR provides limited dispute assistance to Condos but with HOA's the assistance is nearly non-existent. HOA's can only file disputes in two areas: elections and recall of directors. That's it. As of a year or so ago, the Legistlature also provided limited protection for homeowners against CAM's that violated FS720 so that could be considered a 3rd area of intervention.

With regard to filing a slander of title action for wrongful preservation, I did and I prevailed. Also, another homeowner in the community filed a companion slander suit and also won. Both cases dropped by the HOA when they realized they would not win. All attorney fees returned to the homeowners and several additional concessions were agreed by the parties to the lawsuits.
VickiC3
(Florida)

Posts:26


09/28/2015 3:03 PM  
I want the revitalizing/reviving to be done correct! I looked at our by laws and there's nothing about the voting or how it should be done, like the two envelopes procedure. The president and his wife counted the votes. No one else was there. He was asked to open the counting to all the homeowners that wanted to go and he said no because the last two meetings turned into boxing matches. There are homeowners that feel that they are being antagonized and they are tired of it which led to huge arguments and adults acting like kids. We only have 37 homeowners in our subdivision. I talked to the lawyer once and he said he hadn't looked at the packet that was turned in to him. He didn't have many answers to my questions. I have a phone appointment with him on Wednesday. I'm going to ask him about the two envelopes, at least two homeowners left their ballots at a front door in no envelopes at all. I'm going to ask who is suppose to count the ballots. One of the homeowners asked to see the ballots. She said there were 19 yes ballots but the president grabbed them from her after a few minutes. She said her signature was cut off her ballot which was likely a copy. Another ballot had questions. They were never addressed. The president says there are 20 yes ballots. There were three no and the rest didn't vote. I also want to know if the homeowners have to approve the final package going to the Department of Econmic Opportunities . No one ever knows anything. The woman that was working with me said she's had it. We are just spinning our wheels. She has given up. I'm about there myself. I'll see what the lawyer says and go from there. He did say we might have to have a revote. A revote, why? Most likely procedures were not followed. I'm not voting or voting no if we revote!
JohnC46
(South Carolina)

Posts:8827


09/28/2015 4:53 PM  
Vicki

It sounds like you are disagreeing with the results versus being concerned how it happened. Was the result what you wanted?


GwenG
(Florida)

Posts:600


09/28/2015 5:44 PM  
John46 posted:

Vicki

It sounds like you are disagreeing with the results versus being concerned how it happened. Was the result what you wanted?

I wonder if I am reading the same text as John. My understanding of Vicki's angst is, in general, frustration about the absence of voting guidelines in governing documents, concern about the legitimacy of "due process", and desire that revitalization is done correctly. The differences in the ballot votes reflect and exemplify these concerns.

Again, Vicki, the ballots belong to the homeowners and you can examine them by writing and certifying an Official Records Request to do so. If the attorney says a revote is needed, he is referring to something that was wrong in the process rather than the outcome which should be easily evident if the process was adhered to.

What is the attorney referring to as the authority that governs voting if the Bylaws are silent about voting (very unusual)? That is a question I would ask the attorney on Wednesday, if I were Vicki.

Vicki, I would encourage you to discover the truth wherever it leads. To throw the towel in so early in the process will not improve the conditions in your HOA. Discovering the truth and resetting the compass (moral, ethical and legal) will be painful and chaotic in the short term, but the ostrich-approach and continued infighting will be divisive and expensive in the long run.
GwenG
(Florida)

Posts:600


09/28/2015 5:51 PM  
And Vicki, the homeowners do NOT have to approve the final revite package to DEO. Their only input is to cast a REVITE VOTE of the package that was given to them by the Organizing Committee.

I would caution you; my HOA combined a YES/NO vote with a Consent vote. This effectively meant that you could object and say NO to revitalization but in order for the ballot to be valid, your signature was required. The Catch? Your Signature indicated Consent to be re-encumbered by the revitalized documents. This was not fully explained or realized by the voting members. The only thing for people to do who objected to revitalization was to NOT VOTE at all--throw away the Revite Package!

If you don't want to be revitalized, don't cast a vote. NO votes don't matter anyway--only affirmative votes count. Don't sign anything!
JohnC46
(South Carolina)

Posts:8827


09/28/2015 7:21 PM  
Gwen

Was not my question to Vicki?
GwenG
(Florida)

Posts:600


09/28/2015 8:31 PM  
@JohnC46: Last time I checked, it was an open forum. If you want personal and focused information out of sight of others, why not PM the recipient?
VickiC3
(Florida)

Posts:26


09/29/2015 5:26 AM  
The president said there were 20 yes votes. The other homeowner that counted them after the package was sent to the lawyer said there are 19 yes. If there are 20 it passes, if 19 it does not pass. The president could have altered ballots because no one else was there. I'm not saying he did just that he could have.
John I don't mind having an HOA if it's done correctly. There has never in the 30 years I've been an original homeowner been much accomplished. There are a few liens for non payment of dues. There were a few, two, homeowners told they were painting their homes the wrong colors. Years ago one homeowner got mad because he was told they could not have an above the ground pool, so he and his wife went around the neighborhood writing down the violations they saw. This is our now president. He and his wife moved, rented their home, bought another one and now came back to straighten out our neighborhood. We were all just fine until they came back and have stirred up trouble. Now there is arguing and some neighbors against neighbors. They were minor and everyone fixed them. For example one homeowners air conditioning unit located on the side of their home needed a little cover in front of it. Minor things.

John I'm not throwing in the towel. I just want things done right. There are four homeowners that are concerned. The rest seem to care less what happens. Two of the concerned said they will put their home up for sale because they do not want to live under an HOA any more. I care because I have to live in this small community! I'm not ready to sell yet.

I appreciate everyone's help! It has helped me and given me a world of information.
KevinK7
(Florida)

Posts:1343


09/29/2015 5:44 AM  
Posted By VickiC3 on 09/29/2015 5:26 AM
The president said there were 20 yes votes. The other homeowner that counted them after the package was sent to the lawyer said there are 19 yes. If there are 20 it passes, if 19 it does not pass. The president could have altered ballots because no one else was there. I'm not saying he did just that he could have.
John I don't mind having an HOA if it's done correctly. There has never in the 30 years I've been an original homeowner been much accomplished. There are a few liens for non payment of dues. There were a few, two, homeowners told they were painting their homes the wrong colors. Years ago one homeowner got mad because he was told they could not have an above the ground pool, so he and his wife went around the neighborhood writing down the violations they saw. This is our now president. He and his wife moved, rented their home, bought another one and now came back to straighten out our neighborhood. We were all just fine until they came back and have stirred up trouble. Now there is arguing and some neighbors against neighbors. They were minor and everyone fixed them. For example one homeowners air conditioning unit located on the side of their home needed a little cover in front of it. Minor things.

John I'm not throwing in the towel. I just want things done right. There are four homeowners that are concerned. The rest seem to care less what happens. Two of the concerned said they will put their home up for sale because they do not want to live under an HOA any more. I care because I have to live in this small community! I'm not ready to sell yet.

I appreciate everyone's help! It has helped me and given me a world of information.


I wanted things donr right too but then I stopped wanting things done right and just wanted out. From what I saw, a lot of the people who are now on the board or who wanted increased enforcement and new covenants (in both of my neighborhoods) are people who bought at the peak of the bubble and saw their property values plummet, sometimes more than half. They were then all about "HOAS preserve values" and trying to improve the neighborhood so that it looks like some of the surrounding more expensive subdivisions.
KevinK7
(Florida)

Posts:1343


09/29/2015 5:45 AM  
There were also others who were just natural busy bodies, driving around on golf carts everyday, inspecting people's yards, calling county code enforcement on non-violations, etc.
SusanE6
(Florida)

Posts:102


09/29/2015 12:59 PM  
Sadly, I read John46 comments and would like him to understand many of us were active members in the Board of our communities and tried very hard to make things work. Your comments always seem to ask what we want out of all this? I only wanted my Board to do things properly and within the law. That is all. Act like responsible, lawful individuals and I would gladly be a part of my Association. Do things improperly and I personally will go after you.Why would I do this? Because it is my neighborhood,Ilove my home and the Board will not push me out.It seems John that you want people to do what the Board wants and stay silent. If that works for you than fine. But don't think we haven't tried to work with the Board and try to make things right.
I admire Vickie for looking into what her President is doing and questioning it. To me, she is doing the right thing. Unfortunately,
Florida HOAS do not have any enforcement from the government and must do things on our own.
And I think Gwen and Kevin have endured a lot from their HOAS and they have helped many with their info on this blog. They have been invaluable to me.
So, John, if you can't give some helpful info to us on this subject and keep inferring that we are trying to just get out of our HOA than I can' t say that you are being an honest contributor to this blog. I have read you on other forums and at times you give great info and other times you do the same that you have done to Gwen and Kevin. I think the rules are that we all play nice and give helpful info to our fellow bloggers.
SusanE6
(Florida)

Posts:102


09/29/2015 12:59 PM  
Sadly, I read John46 comments and would like him to understand many of us were active members in the Board of our communities and tried very hard to make things work. Your comments always seem to ask what we want out of all this? I only wanted my Board to do things properly and within the law. That is all. Act like responsible, lawful individuals and I would gladly be a part of my Association. Do things improperly and I personally will go after you.Why would I do this? Because it is my neighborhood,Ilove my home and the Board will not push me out.It seems John that you want people to do what the Board wants and stay silent. If that works for you than fine. But don't think we haven't tried to work with the Board and try to make things right.
I admire Vickie for looking into what her President is doing and questioning it. To me, she is doing the right thing. Unfortunately,
Florida HOAS do not have any enforcement from the government and must do things on our own.
And I think Gwen and Kevin have endured a lot from their HOAS and they have helped many with their info on this blog. They have been invaluable to me.
So, John, if you can't give some helpful info to us on this subject and keep inferring that we are trying to just get out of our HOA than I can' t say that you are being an honest contributor to this blog. I have read you on other forums and at times you give great info and other times you do the same that you have done to Gwen and Kevin. I think the rules are that we all play nice and give helpful info to our fellow bloggers.
GenoS
(Florida)

Posts:3328


09/29/2015 2:04 PM  
Posted By SusanE6 on 09/29/2015 12:59 PM
I think the rules are that we all play nice and give helpful info to our fellow bloggers.

With all due respect, people posting in the comment section of this site are not "bloggers". They may be bloggers elsewhere but simply posting to a message board does not a blogger make.
JohnC46
(South Carolina)

Posts:8827


09/29/2015 2:39 PM  
Susan

Some BOD's deserve "going after". My problem is MRTA was never designed nor intended to be such a vehicle thus I believe it is being misused by some.

Imagine this scenario. One decides to retire to FL and begins looking at HOA's and they run into an MTRA $hit storm in an HOA. Were I them, I would run away and run away fast. I believe many MRTAers are destroying their HOA versus helping it. Throwing the baby out with the bath water rings a bell to me.

I more admire someone that says my BOD sucks and I will use any weapon, no matter the collateral damage, to destroy them versus claim "I only want things done properly". I call BS on the I only want things done properly defense.


GwenG
(Florida)

Posts:600


09/29/2015 5:26 PM  
Then JohnC46 if that is your bias, then at least we know where you are coming from.

When I bought in my HOA, it was self-managed--or mismanaged. I attended every meeting and learned that the BOD did what it wanted regardless of private or state law. I naively thought I might help to run things properly and that the problem with my HOA was ignorance of laws. I ran for the board after a few years. The board mounted an ugly offensive against me and a few other like-minded candidates. A Management Company and its cadre of attorneys were retained intimidate the owners who wanted the HOA to be run lawfully. Last year, it spent almost $80K to pursue a homeowner who invoked MRTA as a defense against a supposed violation of restrictions. The HOA lost the lawsuit. The HOA continues to attempt to enforce non-existent restrictions during the revitalization process. The reality is, as demonstrated by the HOA, that the HOA has no intention of operating lawfully--or even logically.

MRTA has presented an opportunity that is assisstive to homeowners and is a godsend to owners who are being persecuted by unlawful HOA's. In your world, the disagreeable behavior is to "take advantage" of the release that MRTA provides and sidestep the long and arduous process of trying to make BOD's operate lawfully. In MY world being in a retirement community and being a senior citizen, I don't have time for Florida to change its consumer-hostile attitude or BOD's to magically exercise legal self-restraint--so MRTA is a vehicle that, while not intended to be an "out", IS. I don't agree that I am misusing it. I am using it for a lawful purpose and defending my property rights. Do I care if my HOA's public relations is damaged? NO, the damage they have dealt is far, far greater than just another HOA horror story.

My HOA is beyond help from within. Meaningful help must come from either adverse judicial review of behavior that has a modifying effect on decisions/actions or legislating behavior that has teeth in dispute resolution/mediation. The problems of my, and other HOA's is institutional--not particularly related to the players.

I don't understand your position that "some tools are OK and some are not" but you certainly have the right to the opinion.

If FL had the cojones to regulate HOA behavior, MRTA would not be the magic bullet that it is becoming. The Legislature has, for the last two years, rejected modest HOA reform bills. I will probably not live long enough to see HOA's properly regulated and if MRTA provides me relief from my abusive HOA NOW, I'll take it.
WalterM4
(Florida)

Posts:29


09/30/2015 5:11 AM  
In principle HOA's and their restrictive covenants may have been a good idea however the idea has failed more often than not. With every election or appointment the boards change and so too the enforcement of restrictions. The more things people in a community have to complain about the more they actually complain and create divisiveness in the community. Every home owner wants to make things better by trying to correct that which is wrong. In Washington it's referred to as Hope & Change. Some of you seem tired of hoping for change that never comes.

I live as do many of you in a corrupt community and having been subjected to such corruption before I now prefer to destroy the corrupt. Most people with or without an association do their best to maintain their homes and get along with the neighbors. Most of the time a voluntary association works just as well as a mandatory association if not better. This is a great blog site lets hope it does not change.
SusanE6
(Florida)

Posts:102


09/30/2015 6:02 AM  
Wow, I am misinformed. I thought the purpose of the forum was to help each other. I have an Association that has done things improperly with MRTA and I am not at all happy with this. So, I "go after them". I really do not want to leave the association but they give me no choice but to defend myself. If I was a retiree coming to Florida, I certainly would want my title company to check out that my title was free and clear from MRTA before purchasing. Legalities are important before making that decision. Most retirees have no idea what they are getting into when they buy into an HOA. And it just isn't MRTA. Usually,it is an irresponsible Board.

And sorry, Geno. I am new to these forums and calling the users bloggers? Shame on me. The important things here are understanding what happens if your Association preserves their covenants improperly not what one calls each other. Since we aren't bloggers, what are we? Just wow on this.....
VickiC3
(Florida)

Posts:26


09/30/2015 6:45 AM  
Gwen and Susan...the lawyer is suppose to call me this afternoon. We'lol see what he tells me. I have questions ready!
VickiC3
(Florida)

Posts:26


09/30/2015 7:49 PM  
This is great...the lawyer said he would never live in an HOA community! He told me this is the third one he's done. He didn't have many answers to the questions I asked him. For example should the president be the only one counting the votes. He said it didn't matter because he has the ballots. Ok how does he know they are legitimate! We will be having a meeting in October and we will elect the board. The lawyer said the new board, if they are new, can opt not to revive/revitalize. This gets crazier by the day! I guess we'll see what happens.
KevinK7
(Florida)

Posts:1343


10/01/2015 5:48 AM  
Posted By SusanE6 on 09/30/2015 6:02 AM
Wow, I am misinformed. I thought the purpose of the forum was to help each other. I have an Association that has done things improperly with MRTA and I am not at all happy with this. So, I "go after them". I really do not want to leave the association but they give me no choice but to defend myself. If I was a retiree coming to Florida, I certainly would want my title company to check out that my title was free and clear from MRTA before purchasing. Legalities are important before making that decision. Most retirees have no idea what they are getting into when they buy into an HOA. And it just isn't MRTA. Usually,it is an irresponsible Board.

And sorry, Geno. I am new to these forums and calling the users bloggers? Shame on me. The important things here are understanding what happens if your Association preserves their covenants improperly not what one calls each other. Since we aren't bloggers, what are we? Just wow on this.....



My neighborhood was designed primarily as a retirement community. They even passed an amendment in the 80s/90s making it a 55+ but that was struckdown by the courts.

I have found many of the elderly residents have no clue about the HOA. They don't understand the restrictions or what the HOA has done, and part of this is how the HOA conducted itself. When some of the younger homeowners pushed to make it mandatory they made a grandfather clause for existing homeowners to leave but then they make membership lifetime mandatory if they rejoin. Even though MRTA took affect the elderly homeowners still have no clue.

I tried to inform some of them but they were confused. One even wanted to recall the board so I tried to help them navigate the election process by understanding the law (since there were no covenants for voting... because the neighborhood was not established with a HOA). They still had no idea. They eventually ran for president and won... only to continue their enforcement policies and pursue legal action against homeowners like me who are not members to their club and understand their property is no longer encumbered.
GwenG
(Florida)

Posts:600


10/01/2015 9:31 AM  
Vicki posted:

This is great...the lawyer said he would never live in an HOA community! He told me this is the third one he's done. He didn't have many answers to the questions I asked him. For example should the president be the only one counting the votes. He said it didn't matter because he has the ballots. Ok how does he know they are legitimate! We will be having a meeting in October and we will elect the board. The lawyer said the new board, if they are new, can opt not to revive/revitalize. This gets crazier by the day! I guess we'll see what happens.

This lawyer is being evasive. If he/she has done 2 other revites, he/she know the ropes and where technical answers are found. Attorney answer to the president counting the ballots is ludicrous. Attorney is not giving you answers so as not to violate client relationship (the HOA). To do otherwise is a violation of fiduciary duty to the HOA.

Revitalization is totally in the hands of the owners once they are presented with the revite option by an Organizing Committee. It does not matter about the makeup of the board i.e. new/old. The new board might opt not to form an Organizing Committee and, in that sense, choose to not participate in revitalization. But-- ANY OWNER can form an Organizing Committee, prepare a Revitalization package and solicit consents from the owners. It is not solely the Board's option.
VickiC3
(Florida)

Posts:26


10/01/2015 10:37 AM  
The lawyer said we do not have to approve the package because we voted already. We voted to move forward but not on the finally package being submitted. At this point we do not have an organizing committee. I would think when it's submitted they will see we do not have a organizing committee. Should be interesting to see what happens.
GwenG
(Florida)

Posts:600


10/01/2015 11:23 AM  
Posted By VickiC3 on 10/01/2015 10:37 AM
The lawyer said we do not have to approve the package because we voted already. We voted to move forward but not on the finally package being submitted. At this point we do not have an organizing committee. I would think when it's submitted they will see we do not have a organizing committee. Should be interesting to see what happens.




The lawyer is either blowing smoke or is not familiar with the law relating to revitalization. You MUST have an Organizing Committee and they MUST prepare a complete package of all your governing documents desired to revitalize plus some other stuff that Florida requires. You do not have a valid revite vote without those elements being satisfied. It appears that there has been some kind of straw vote to see if there is a mandate wishing to revitalize, but you have not had a revitalization vote. Here is partial text of the statute:

720.405 Organizing committee; parcel owner approval.—
(1) The proposal to revive a declaration of covenants and a homeowners’ association for a community under the terms of this act shall be initiated by an organizing committee consisting of not less than three parcel owners located in the community that is proposed to be governed by the revived declaration. The name, address, and telephone number of each member of the organizing committee must be included in any notice or other document provided by the committee to parcel owners to be affected by the proposed revived declaration.

(2) The organizing committee shall prepare or cause to be prepared the complete text of the proposed revised declaration of covenants to be submitted to the parcel owners for approval. The proposed revived documents must identify each parcel that is to be subject to the governing documents by its legal description, and by the name of the parcel owner or the person in whose name the parcel is assessed on the last completed tax assessment roll of the county at the time when the proposed revived declaration is submitted for approval by the parcel owners.

Do not rely on the DEO "catching" errors of process. It is unknown how thoroughly they examine submitted revite packages. In my community, an attorney was retained to scrutinize the revite package and Ballot FOR THE OWNERS. As a result, the original revite attempt was abandoned and the whole thing has to be done over. It was done by an HOA attorney firm which made shockingly sophomoric errors.

SusanE6
(Florida)

Posts:102


10/06/2015 9:05 AM  
One more homeowner signed the contract to get back into the Association. 4 more are outstanding and not signed. The contract was interesting in that it states this contract is binding not only for the homeowner who signed it but for all future homeowners that might purchase the property. It seems this attorney is very shrewd and cunning. He still has not amended the preservation properly and it seems no one cares. The Board is blind to any law and right now they are busy preparing for an Octoberfest at the pool. Our Association has turned into a social club and not the business it needs to be. As they continue to do things improperly, my husband and I are being talked about(don't care) and blamed for vandalism at the pool that we didn't do. Funny how this works.

Do things properly and within the law and you are marked forever by the lawless ones( the Board).......
JohnC46
(South Carolina)

Posts:8827


10/06/2015 10:13 AM  
Susan

Will you be attending the Oktoberfest?
SusanE6
(Florida)

Posts:102


10/06/2015 2:03 PM  
No, John - I wasn't invited. The Board has removed my name from the Association as per their lawyer. Because I did not sign their contract, I was eliminated from the Association. My attorney states they can't do that but they know better. So, no Octoberfest for me.....It makes me very sad.....
GwenG
(Florida)

Posts:600


10/06/2015 2:58 PM  
Susan; is your lawsuit filed yet?

Don't worry about BOD-planned Oktoberfest and similar social propaganda pressure tactics.

Make your own celebration. In my community, those with "differing opinions" are now planning the 2nd annual BooBash which will kick off the social season. It was attended by over 200 people last year--many of whom did not have differing opinions but just wanted to dress up silly and have fun with their neighbors! You can come to ours if you want-I'll send you a PM!
SusanE6
(Florida)

Posts:102


10/06/2015 7:13 PM  
It gets filed tomorrow - our attorney was very busy with another case. And I am not going to the Octoberfest - I am not associating with the "Clan". I am happily out of all the Board and Association business and looking forward to seeing what transpires with the lawsuit. Your Halloween Bash sounds fantastic - 200 people???? Way to go......
SusanE6
(Florida)

Posts:102


10/07/2015 4:00 PM  
Suit filed today. Board knows. Board meeting on Monday - won't be there as I am not a "member". This is per their attorney and his letter stating that i am no longer part of the Association was filed with the lawsuit. Interesting to find out how accurate their attorney is. He goofed up on the extinguished properties now he submitted a letter to the Board(who sent it to all the homeowners) on his mistake. My attorney asked him twice in letters to amend the preservation and he ignored my attorney.

Will be interesting.
GwenG
(Florida)

Posts:600


10/07/2015 4:29 PM  
SusanE46: Looks like your lawsuit is almost a duplicate of mine except that my association wasn't stupid enough to state I was no longer a member. In all likelihood, whoever is insuring your board directors against wanton stupidity will come to the same conclusion that my HOA's insurance company arrived at--it's an unwinnable case for the HOA. When will the attorneys learn (do they really want to?) Before all that, you will be asked to go to a mediation. I would suggest that we talk before mediation. I went to TWO of them (the second one 10 1/2 hours) and I now know things I did not know before. If I had it to do all over again, I would not have settled the lawsuit at mediation. Even though the HOA lost in a most humiliating manner, mediating the case left the door ajar and allowed the HOA to continue to do monkey business as usual. My HOA did not suffer enough because the insurance company covered most costs. It now continues to try to impose expired restrictions on owner parcels at the same time it seeks revitalization. The next time they are sued I bet the insurance company will drop the D & O.
GenoS
(Florida)

Posts:3328


10/07/2015 7:01 PM  
Posted By GwenG on 10/07/2015 4:29 PM
When will the attorneys learn (do they really want to?)

I've heard it said recently that lawyers who go into HOA work only do so because they're not bright enough for the more lucrative areas of practice. For an attorney, there's not a lot of money doing HOA work. Case in point, our treasurer received an email the other day from one of the lawyers that works for our attorneys. Big firm based in Orlando (no names). He was notifying us, as our registered agent, that our HOA had been named as a defendant in some legal action and wanted the go-ahead to file a response.

Turns out the property in question is located in a subdivision with a similar name as ours, but in a different county! My first reaction was, "Good grief, and we're actually paying these clowns an annual retainer?"
SusanE6
(Florida)

Posts:102


10/07/2015 7:21 PM  
I agree with you, Geno. Where do some of these attorneys come from? This attorney suggested to our Board that they search the titles to save money. They missed 19 titles to begin with; stated our covenants were 100 % compliant with MRTA; found out here were three titles that were extinguished; had the attorney write a affidavit to bring them back into the Association. I wrote a letter to all the homeowners about the 19 titles and all of the sudden, the attorney finds 5 more, including mine. He is still missing 11 titles. If he had done it properly to begin with, he probably would have found the titles on his own with his legal team. Because of his ineptness, it is going to cause the Association a law suit and much more money.

Gwen, I will definitely meet with you prior to mediation. I would really like to be prepared and know what to expect. I will send you the complaint.
WalterM4
(Florida)

Posts:29


10/08/2015 5:16 AM  
I agree with many of you, and think most HOA Lawyers are in it for the easy money; most people won't fight them. I have mentioned be fore that I once went to mediation, found that the mediator was a long time personal friend of the HOA's attorney, and the attorney representing me had no clue what to do ( he was with Holland and Knight ). At least you went against an HOA with D&O the community I am having a problem with now does not have insurance (D&O).
KevinK7
(Florida)

Posts:1343


10/08/2015 11:44 AM  
Posted By SusanE6 on 10/07/2015 7:21 PM
I agree with you, Geno. Where do some of these attorneys come from? This attorney suggested to our Board that they search the titles to save money. They missed 19 titles to begin with; stated our covenants were 100 % compliant with MRTA; found out here were three titles that were extinguished; had the attorney write a affidavit to bring them back into the Association. I wrote a letter to all the homeowners about the 19 titles and all of the sudden, the attorney finds 5 more, including mine. He is still missing 11 titles. If he had done it properly to begin with, he probably would have found the titles on his own with his legal team. Because of his ineptness, it is going to cause the Association a law suit and much more money.

Gwen, I will definitely meet with you prior to mediation. I would really like to be prepared and know what to expect. I will send you the complaint.




My 1st neighborhood had numerous issues besides MRTA. One that I found interesting was that when they got 51% of the homeowners to sign a document amending the restrictions over the course of a couple years (when homeowners moved away), they filed the new restrictions with the county. Those new restrictions stated they were imposing restrictions on not just the homes who signed the consent form but on other subdivisions that had not agreed. I am sort of sad to see the issue pretty much end with MRTA because I would like to see these individuals gone after. Those documents are still on the books and you have morons who do legal searches find these documents and will undoubtedly misinterpret them.
SusanE6
(Florida)

Posts:102


10/08/2015 12:15 PM  
It is truly amazing to me how lax the law is on these HOAs. Really. Reading the Hoatalk discussions, I am amazed at how poorly these Associations are run. Lawless mini societies. And the homeowners on the whole are apathetic to what occurs in their own neighborhoods. It is disgusting and unless you find a good lawyer who knows the law, you are stuck.
Being a nurse, I have to be licensed and subject to continuing education that I must prove to the state.I am amazed here in Florida how so many different industries get away with so much. A tree trimmer can be unlicensed, uninsured, and no one goes after him. An irrigation tech is not licensed or insured and no one cares. You have homeowners volunteering to do work that should be done by a vendor and no one care(unless they get hurt). You have people doing pools that are certified but uninsured; you have people doing pools that let homeowners add chemicals and no one cares. You have a President of an Association sign an affidavit that he read the covenants and he knows nothing about the law, Robert's Rules or his own covenants. What is going on? Are there just a few of us that see something wrong here? A new Treasurer removes $7000 plus from reserves without any approval and what? Nothing is said. She is applauded at a meeting for knowing so much about MRTA. This is the nut that investigated our titles and missed a bunch. Should she not be held individually responsible for her stupidity? But no, she is applauded for her reports(which are horrible and not factual).

What is to be done? How can this continue? I was going to another Expo today and than thought why? Why should I go to better myself and learn more about the proper things to do when the present Board runs the Association like it is a social club. And there are no laws to enforce anything. And they are not accountable to anyone - the homeowners, the county, the state, the government. It is like living in a socialistic society.

I am not going to be a member of this Association that is run by a bunch of unlawful people. I will fight it to the Supreme Court if I must. It has to stop. Look at all the people it affects and what it does to their lives. Doesn't anyone care?

I feel so bad for all the people who are trying to make it better - the Gwen's, the Kevin's the Vicky's and yet they are chastised for trying to be truthful. Poor Gwen has been through the wringer as has Kevin for standing up to their Boards for improperly doing something. Gwen had to go away for some "sane" time and Kevin is trying to raise his family in all the hostility and uneducated Boards. I have lived in my HOA for 32 years and these Boards are horrible - inexperienced people that think they just know everything and know nothing because they are unwilling to educate themselves.

Wow, so sad......
JohnC46
(South Carolina)

Posts:8827


10/08/2015 1:41 PM  
Susan

Does this mean even if invited to Oktoberfest you will not be attending?
SusanE6
(Florida)

Posts:102


10/08/2015 3:35 PM  
Ha Ha , John - you are the Comedian. If invited, I'd go just to see the looks on their faces after they get the summons. I'm up for a good laugh.

It must be nice to live in the perfect HOA, John - let me know how you manage that.
VickiC3
(Florida)

Posts:26


10/08/2015 8:37 PM  
I talked to the HOA lawyer for the second time! I'm telling you I know more than him unless he's just acting like he doesn't know anything. He said this is his third revitalizing. Well no wonder! He said he wouldn't live in an HaoA community! Simple questions like why is the president allowed to count the ballots by himself and my answer us well I have the ballots now. How do you know they are correct? No answer! None of this so far has been done right. The presidents wife asked me to sign a petition to have our lighting assessed by the energy company. No I'm not because any change will up out taxes. I said lets talk about it at the meeting. We are suppose to have a meeting and elect the new board this month. She says well we're not operating with any Covenants or restrictions or by laws so we don't have to actually have a meeting yet. Ok then don't try to do anything that's going to cause more confusion and craziness. These HOAs need to end. No one knows anything! I have read and researched and got help from som of you here. I can't do anymore. There are a few people that care, a board that has one person that is clueless, the president and his wife that think they are president and fist lady of our country and our secretary that I'm sure thinks they are crazy. His wife and I have been working hard to learn. Most everyone one else could care less. We have 37 homes, we're small and had 17 non votes, well 3 were no. Some of the yes's were under pressure. This is really crazy stuff and I actually had sleepless nights over it.
SusanE6
(Florida)

Posts:102


10/09/2015 2:48 AM  
I am so sorry, Vicki. I know what you are going through and finding a good lawyer is hard to do. Especially one that is telling you inappropriate information. I have had this happen and in order to find someone that understands the law, I had to research for awhile and go to HOA Expos. HOAs are one the most very hard to deal with and yours sounds like mine. We, too, have a President that is clueless to his covenants and the law. Our Secretary is someone who writes her opinions as to what should occur and the new Treasurer is totally clueless to her responsibilities to the community. The Board fails to realize this is a business - it is listed as a corporation and should be run like one. It is frustrating as there are laws but no one to enforce them. The only way is to hire a competent attorney and follow through on your own. I do love my home and my options are to move or stay and fight for my right to live in my neighborhood. Right now, I am fighting to stay. Maybe I will make a difference....But probably not - most of the ones who were sensible and lawful have moved on. That is why we are left with a bunch of dolts......
Hang tight - there are some of the contributors on this site that have found excellent lawyers to help them.
GwenG
(Florida)

Posts:600


10/09/2015 8:48 AM  
Vicki: I feel your pain and frustration. You want to shake these people and scream "Wake UP!" but that is not possible because they are there (on the board) in the first place for the wrong reasons.

The premise of HOA as a business model is flawed and that opens the door for volunteers to exercise control and anger issues. The few knowledgeable and truth-seeking people who understand that HOA is a Corporation has business to conduct might eventually fall to the pressure of board peers and many end up drinking the koolaid.

As one who has spent many restless nights over the last 5 years with various issues that never go away, I only offer my support and best advice and that is--to get away for short periods of time! Take a break from the stress that you are internalizing and comes out at night during those nightime committee meetings in your head. (Right now, I am taking a much-needed break in northern California and my sleep pattern has returned to normal.)

Also, learn to compartmentalize your life from the HOA crap. Imagine only a tiny portion of your brain is available for HOA thoughts and set a time limit during the day to contemplate the HOA problems. IT will not go away until you sell and move, but YOU can control how much of your life energy you donate to your HOA.
SusanE6
(Florida)

Posts:102


10/09/2015 10:30 AM  
Well said, Gwen. There is a life besides the Association and Board. Unfortunately I live in the back part of my neighborhood and have to pass these "lovely people" on a daily basis. But I am determined to change things and make my life better. It has to change in Florida for the HOAs - it has to.
GenoS
(Florida)

Posts:3328


10/09/2015 11:06 AM  
Posted By SusanE6 on 10/09/2015 10:30 AM
Well said, Gwen. There is a life besides the Association and Board. Unfortunately I live in the back part of my neighborhood and have to pass these "lovely people" on a daily basis. But I am determined to change things and make my life better. It has to change in Florida for the HOAs - it has to.

The Florida state legislature is, for lack of a better word, moribound. It's a part time job and they only meet for a couple of months every year. When they do, moneyed interests make sure that nothing ever gets passed that would jeopardize their own stations in life. That applies particularly to developers who are, at the end of the day, the people who are responsible for the current state of HOA laws in the state.

Last year the legislature passed a measure that reduced the time an HOA has to supply estoppel letters from 15 days to 10 days and capped the amount that can be charged for them at $150. The property management industry and their attorneys went nuts. Email after email after email arrived in my inbox from various companies and PM newsletters decrying the change and claiming HOAs were up in arms over the change. No. The only people up in arms were the PM companies who were suddenly looking at a "loss" of $400 per estoppel letter.

It will be a long time before the HOA laws in Florida are brought into any kind of shape that provides for equitable and just problem resolution. Many of the issues brought up here are not even on the radar of the part-time legislators, and when things do appear on their radar there are lobbyists spreading money around to make sure real reforms never happen.
VickiC3
(Florida)

Posts:26


10/09/2015 11:36 AM  
Thanks for all your advice! I am taking a break. I remind myself that the board is in because no one else wanted it! We have a few new owners, maybe one of them will want to be in the board next. We have two renters that are sitting back laughing at the whole thing. They have worked with HOA's legally. They are the ones that said everything that has been done has been wrong! Oh well we'll see if the lawyer gets things done and passed through!
JohnC46
(South Carolina)

Posts:8827


10/09/2015 1:05 PM  
Posted By SusanE6 on 10/08/2015 3:35 PM
Ha Ha , John - you are the Comedian. If invited, I'd go just to see the looks on their faces after they get the summons. I'm up for a good laugh.

It must be nice to live in the perfect HOA, John - let me know how you manage that.




There are few perfect HOA's but I do not advocate throwing the baby out with the bathwater.

SusanE6
(Florida)

Posts:102


10/09/2015 2:04 PM  
Tell me exactly what you mean by this, John? Who is throwing the baby out with the freaking bath water? What does this mean and what are you insinuating? What because we care about our property and wish to defend it, we are throwing some baby out? What because we care that we follow the law and make sure it is done properly - we throw the baby out again? Just let us all know what you mean exactly and stop with this childish behavior. What are we doing that makes you so cynical and sarcastic towards the contributors that are actually trying to make a difference? You are always suggesting that Gwen and Kevin have other motives toward their Associations but never really explain what you mean.

Actually I would never throw any baby out with the bath water and I will always try to do what is right.

Let us all know how your Association is doing and how it is so darn perfect. It must be because they have you on the Board.
SusanE6
(Florida)

Posts:102


10/09/2015 2:48 PM  
John46: Excuse me for being so blunt but you have to explain yourself when you keep asking the same questions and inferring we are doing something wrong. MRTA is pretty clear cut and must be followed. I don't know if you are a Board member or just a homeowner but you don't seem to be a good advocate for doing what is right. You state you prefer someone who goes after the problem and yet refer to this throwing the baby out. If you could give us some idea what you are specifically referring to.......
GwenG
(Florida)

Posts:600


10/09/2015 3:12 PM  
JohnC46 posted:

There are few perfect HOA's but I do not advocate throwing the baby out with the bathwater.

Well, John that is a tidy little thought but what do you actually advocate? And, please--a definition of terms would be helpful. What is the Baby? What is the bathwater? Which should be saved and why? And how would that be reasonably accomplished for each element of the bathing scenario?

There are many of us who are aware that some babies are inexplicably burdened with congenital defects. In this metaphorical example, that would presumably be abusive and ignorant board members who "emerge to serve" as well-intentioned volunteers to conduct the business of their community. The hidden defects may not be immediately identified but eventually, the true form becomes visible. Someone forgets to pay attention to legitimate corporate business and allows their community's covenants to expire. After the years-long denial/coverup is exposed, Baby cries "Not my fault-I'm just a volunteer". These babies perpetuate their self-serving agendas through planned vacancies and nominate vetted and prepped crony replacements in such stepford uniformity as to result in a faceless tribunal rendered from generations of institutionalized incest.

The Bathwater--well, I already had my say about the state of Florida HOA's and my assessment that things will never change in my lifetime. Geno echoed that in a much more eloquent manner.

The Baby/Bathwater problem is not only congenital--it is systemic. In my world, the baby AND the bathwater need to be retired. MRTA gives HOA's the chance for a new start and expired subdivisions have the chance to try to do it Better as a voluntary HOA corporation.

As I found in the world of cell phones, NO CONTRACT is preferable to being captive to bad service and one-sided entrapment for years that one can only exit at great cost and inconvenience. I believe this goes for HOA membership as well.
JohnC46
(South Carolina)

Posts:8827


10/09/2015 3:18 PM  
Susan

I am on my 6th HOA (in 3 states) and have been on several BOD's. What I am saying is when one has issues with their HOA, they work to correct them no matter how long and hard. MRTA was not meant to kick the HOA aside/withdraw from it because one does not like it. MRTA had another purpose.

You complain about lawyers well it just might be that some are trying to twist something (MRTA) into what it was not meant to be thus so many differing opinions many of which you agree with simply as they do not agree with you.

Don't throw the baby out with the bathwater is an idiomatic expression and a concept used to suggest an avoidable error in which something good is eliminated when trying to get rid of something bad, or in other words, rejecting the essential along with the inessential.



SusanE6
(Florida)

Posts:102


10/10/2015 6:35 AM  
Hi, John,

Thanks for the explanations and I am old enough to know what throwing the baby out with the bath water means. I just find that if someone with all your experience in being in HOA's(6????)that you would understand that after 32 years of living in this Association , I have tried hard to understand what is going on and even tried to be an intricate part of the Board to make it work better. I have not thrown in the towel because of MRTA - I went out and researched MRTA and learned about it so I could provide my Board with answers they needed to know about. I didn't look at MRTA and say it was a way for me to get out of my Association. I actually researched attorneys in the area I lived and talked to them about their experience with MRTA and how to go about it in the correct way. I wasn't forcing my opinion - I was presenting facts. I think you feel that all of us are using MRTA as an instrument to leave our Association when in reality all we wanted was them to do it properly. In my case, the Board decided to go the cheapest way and now, it is going to cost them money because they just picked someone who did it improperly and with a low cost. MRTA is pretty clear cut in its resolution - it is a State Statute and requires some legal knowledge. I've been a member of the Association for 30 plus years because I loved my home and enjoyed the area. I really wasn't looking for a way out just the right way to do things. I've seen many lawyers in my time in the HOA and some are truly pitiful and have lost lawsuits for the Association because of their poor knowledge of the law. And cost us lots of money.

Now, I have a Board that is acting improperly and not doing their fiduciary responsibility. Should I turn a blind eye like I have in the past, say nothing, and let them run us into the ground? Or should I speak up and let them know their behavior is appalling as a Business - a Florida Corporation. MRTA is only a fraction of what this Association is doing to its shareholders/homeowners. I realize there are good things that the Association can do(right now they are not running a business like it should) and there are bad things being done(which outnumber the good). Is it just my opinion or do I have hard facts. Well, John, I have hard facts and that is why I am legally going after them - to make sure they do the things they are suppose to be doing as a business. Instead of throwing babies out with the bath water, I'd love to throw a few Board members out and have the Association run properly and with integrity. Because the homeowners are so apathetic, recall is not an option. We are a Board of 8 and they have not replaced me and I resigned 8 months ago. No one wants to serve on this board in the neighborhood - it is a liability.

So, it is not that the people that contribute haven't tried - they have tried too hard to get the Board to do what is right.

My question to you also - what person would live in 6 HOA's in their life time? You must have great Associations and need to teach classes on how you have survived. Cudos to you for doing something I only want to do once in my lifetime. You must have the perfect Associations to continue to go into them and criticize the rest of us for voicing our problems and knowledge. Write that book and teach that class so we can benefit from your wisdom.
SusanE6
(Florida)

Posts:102


10/10/2015 6:53 AM  
And, Gwen, you stated it beautifully in your last post. We both have been members of our Associations for a long time and our efforts to do the right thing with facts and research are mind boggling. We don't just go out and randomly state our opinion - we find facts and information that would be helpful to the Board but they ignore it and go with their opinions of what they feel is right without research and fact finding information.
I have learned a lot from the contributors of this discussion and some have a wonderful insight into MRTA and how it works. Others just criticize and put certain contributors down. Instead share your knowledge of MRTA. John states that we are using MRTA to get out of our Association and yet he has no idea of what we have gone through to get to this point and does not know anything about us as individuals. I have met Gwen and she is dedicated to this cause and is so well informed and knowledgeable. I am in awe of her legal knowledge and research.

Tell us all, John, about MRTA and how it should be properly utilized for our Associations. Give us all the knowledge of 6 HOAs and your Board experience and tell us what you would do. Be informative not critical. Show us the baby not the bathwater. I await with baited breath on your insight and advice. You could actually help us rather than be so sarcastic and hurtful.
JohnC46
(South Carolina)

Posts:8827


10/10/2015 11:45 AM  
I have made my belief clear. I now withdraw from any further MRTA discussion.

GwenG
(Florida)

Posts:600


10/10/2015 12:08 PM  
JohnC46: While it is unavoidable and unrealistic to expect contributors not to stray from the facts under discussion, this thread is primarily a longitudinal report of MRTA, a place of relevant content involving MRTA, covenant expiration, and the consequences of that to a community and homeowners. I have not read anything about any experiences you may have had with MRTA in any of the states where you served on HOA boards (I believe there are at least 20 states with MRTA laws similar to FL). I do not recall your asking any substantive questions, aside from those related to motives, of the contributors who are or have actively dealt with MRTA issues. That is not to say that you have nothing valuable to contribute, but the recent direction of your posts has been provocative and, as the OP, I prefer tighter adherence to factual content over feelings, inferences about ulterior motives and conjecture.

All posts are welcome but when the thread starts to get bogged down with non-issues and snarky comments, readers seeking information become bored and uncomfortable and it is probably for the best that one goes on to other less content-heavy threads.
KevinK7
(Florida)

Posts:1343


10/10/2015 3:31 PM  
I think out of all the MRTA posters I am probably the most "anti-HOA." My family moved into a neighborhood with specific documents and no HOA. The neighboring HOA insisted it was the association for all and for a while (nearly 15 years) my family voluntarily paid. It was not until they insisted they rewrote my documents forcing my property into lifetime membership if i sold and mandatory assessments regardless of my membership status, as well as new restrictions such as granting them not only architectural control but power to modify my property at the will of the board. When questioned they immediately jumped to legal enforcement, told me to find out the information on my own, and then barred me from participation (while still demanding payment and subjugation). After that I went nuclear.

MRTA was a savior.

In my second neighborhood things started to go that same route and that is when left. That situation is still in limbo since it seems that every time they change property management they try to enforce the restrictions and demand payment of delinquent assessments.

So while the effects of the MRTA on HOAS may not have been considered when it was drafted, the fact that it has aided in freeing my property from any encumberances making it more marketable is proof that it has indeed worked as intended.

I have been a member on this board for nearly 8 years and I have seen a lot of comments regarding my situation. At first there were posters who insisted I misread documents or that I should be more involved. Then there were those who said I should listen to the HOA and rally the membership. Then once MRTA entered the equation it seemed like mass confusion. I am not surprised by the comments. When I was looking for an attorney who focused on HOA law I got the same responses.

I don't care about a person's motive. I care about the law. I tried to reason and follow the rules. In both my cases the HOA wanted to play by their own set of rules to achieve their goals.


SusanE6
(Florida)

Posts:102


10/11/2015 11:47 AM  
Thank you, Kevin. I feel the same way - if the Association had done things as per the law with MRTA, I would not be filing a law suit. My law suit was filed yesterday and I am sincere when I say that I will proceed to make sure things are done as per the law. This post has been a huge help in making sure I do things properly.Now, if only my Association would do things properly. We shall see.
KevinK7
(Florida)

Posts:1343


10/12/2015 6:00 PM  
Posted By SusanE6 on 10/11/2015 11:47 AM
Thank you, Kevin. I feel the same way - if the Association had done things as per the law with MRTA, I would not be filing a law suit. My law suit was filed yesterday and I am sincere when I say that I will proceed to make sure things are done as per the law. This post has been a huge help in making sure I do things properly.Now, if only my Association would do things properly. We shall see.



I remember in my first neighborhood the board insisted a lot of things. For instance they claimed to have common property. It was through discovery during a homeowner's lawsuit that the board admitted to the courts that they in fact did not have common property. They insisted that county right-of-ways were their own. I attended a subsequent meeting. The board cried that they were being told they did not have common property and then one of the board members actually made a giant poster board with photographs of flowers they planted, continuing to insist to the membership that there were common properties. It was at that moment that I realized that some of these board members just don't get it. They also talked about appealing the judge's ruling and going all the way. I think they ran out of other people's money before they could finish going all the way.
SusanE6
(Florida)

Posts:102


10/15/2015 4:28 PM  
It is funny how the Board uses other people's money to do things and the best thing is, is that most homeowners don't care. I am watching this present Board do so many illegal and inappropriate things and no one cares. Once my lawsuit is known to the homeowners, they will be angry with me not at the Board for doing things improperly. There has to be a different system of allowing Board members to serve - they must know how to make a budget, run a meeting, write minutes, inform homeowners, utilize monies for expenses. Why would any one in their right mind want to be a part of a business that operates so poorly?

Things must change and if MRTA allows me to change my membership in the Association, so be it. I have been totally excluded from all membership items including statements for my monthly assessment. I am waiting for them to wait a couple of months and than put a lien against me. No statements, no newsletters, no minutes, no budget.......Nothing.......
VickiC3
(Florida)

Posts:26


10/15/2015 8:41 PM  
I sent a certified letter to our HOA lawyer asking him to void and cancel my ballot.
KevinK7
(Florida)

Posts:1343


10/15/2015 10:33 PM  
I haven't paid for years and I have been informing my neighbors about the numerous missteps the HOA has taken. This last month they issued a huge newsletter discussing all the things this new board has done to get back on track. They mentioned how they are out thousands from a property manager, their property managers (they went through a few) did not do too well enforcing the covenants and messed up on estoppel fees and their lawyer (which they got rid of ) also did not do to well in enforcement. Their bookkeeping was not kept up to date and taxes were not paid and they "took care of" a sex offender in the neighborhood. This is only a small portion of their newsletter.

The funny thing is that for years I warned people about the liability this HOA was and I even tried to explain everything from the law to the HOA's internal documents to the now new president. They just didn't get it. Despite the covenants being improperly passed and amended and preserved over the last 30 years, they continued to do their own thing. I believe they were upset with their property manager and lawyer because when it came time to collect they were thoroughly warned (by my attorney, as well as other homeowners and their attorneys) that they lack the legal authority to do so. Those property managers and attorneys probably recognized that if they proceeded in doing the board's bidding they could be held personally liable. That is probably why everytime the board gets a new manager either they or their lawyer send me a threatening letter but then they never follow up with their threats after my attorney responds.

And this whole sex offender thing is a disaster waiting to happen...

8 years ago the neighborhood passed an amendment with a simple majority banning individuals convicted or designated as "sex offenders" and "sex predators" from owning or residing in the neighborhood. They also grant themselves attorney-in-fact and power-of-attorney over individual properties, a release of liability, and the authority to conduct limitless background checks - all at the cost of the owners).

While it may not be popular to sound like you are on the side of sex offenders, I thought this amendment was dangerous. First, I think it would be illegal to place a ban on ownership to anyone in a covenant or restriction, but the fact that they grant themselves so much power and discretion over an individual's property is a recipe for disaster. I am glad my property is not under these ridiculous rules.
SusanE6
(Florida)

Posts:102


10/16/2015 4:50 AM  
When I was on the Board, the President and Secretary announced to the Board members via email(this was so very important to them) that there were several sex offenders living in the surrounding areas and they wanted to write their names in a newsletter and let the homeowners know exactly who they were and where they lived. They also wanted to screen potential homeowners on this subject. I had researched this carefully and responded to them that they would be liable if writing names of these individuals in a newsletter and screening potential buyers. They acted like they were the Supreme Court in making decisions - why can't we print their names? Why can't we screen them from our lovely little neighborhood?

Now that I am out and they are in and ruling like they are the LAW, this might come back up. Hopefully, they contact their attorney first but they always seem to follow the command of one Board member before doing anything.

As I watch from afar and see what they are doing, the more I want out. I am waiting for their response to the law suit and I see that three homeowners still have not signed their "affidavit" to rejoin the Association. The Association attorney still has not amended the Preservation and I think the Board has to respond in 20 days to my attorneys lawsuit or it is a default. It is truly mind boggling.

I noticed recently that volunteers are now starting to do work on our islands. Hopefully, they got insurance and workers comp for the individuals digging and planting. Knowing this group - no, they didn't. So, just a few more items to keep me from rejoining. I just keep a log of all the things they are doing improperly so I never have to be a member again. This is not how to run a business that is incorporated in Florida.
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