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RW1 (Texas)
Posts: 149
Posted:
Let me first say I have been here once before while looking for sites to get advice on HOA issues and this seems to be the best one EVER. Advice from people who are "in the know"!

I am in Florida. My community is ~8 years old (incorporated in 1998) with 98 members (homes).

I have been a "member" since 2003.

It seems that there has never been an attempt to enforce the docs. here since the beginning. And what was done was probably unlawful due to the complete ignorance of the BODs of the past (and still today).

I believe there was a sense of community here due to its size and everyboby wanted to be friends.

Now the honeymoon is over and as many units were sold during the recent RE boom, now we have many folks either unaware of the gov. docs. or don't care.

Either way the BOD has really done nothing to correct issues other than 2 letters and hope for the best.

They claim they have no way to enforce the docs. since we do not have provisions for fining. This irritates me.

In one case a homeowner was even sent the [initial] letter from the lawyer requesting roof repairs and removal of loose tiles (within 30 days) about a year ago and the violation still exists today. There are still about 5-6 homes with roof damage (less than 10 tiles missing, etc.) and one, a board member, has even been granted Architectural changes such as paint and a large patio awning while the roof danmage still exists and visible from the front of the lot.

Another current BOD member (president) was denied the planting of palm trees in the common area behind their lot (prior to her becoming president) but they were planted anyway.

[IMO]The one thing a past BOD did correctly was iniating the approval of colors for house painting. A proper meeting was held to approve 5 initial wall colors as well as the two additional trim and front door color combos. They also forbid two houses with the same color combo side-by-side unless the second home flips the wall and trim color. This was properly recorded and distributed to the members. Amazing in light of what is happening now.

I was the second to paint my house but the first to use a different color, one of the 5 original combos.

After completion it was inspected and final approval granted. Since then, at least two other homes selected the same combo but did not paint the front door with the 3rd required color.

And yes, we have two homes with the same color combo side-by-side!

The board says the owners requested the color but started painting before the Request was processed and that the assoc. would have to pay to fix it.

I also feel the membership thinks nothing can be done either as there is little attendance at meetings. They don't realize how their property is dragged down as a result.

It is hard to convey 5 yrs. of similar Architectural control failures or other inaction by the current and past BODs in just one letter and this is already too long, sooooo...

After all that can someone advise on how to begin getting the BOD to do something. I have spoken up but with litle atendance the membership remains ignorant to what could be done.

Letters citing our docs. and Chapt 720 (FL HOAs) dont seem to faze our BOD.

Thanks in advance!!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Welcome! This is an excellent place to get your answers when dealing with your HOA. The majority of posters here are giving positive educational advice based on their own experiences. We like to keep things positive and in the direction of resolving issues. It's the best HOA site I've been to!

Let me address an issue that may help you. I've posted this before on other threads so please bear with me. Your not alone when it comes to no "fine" allowances in your HOA. Alot of HOA's don't have a fine structure. That's because many states do NOT allow for fines to be part of liens or foreclosure. The HOA does have a right to lien a property or foreclose for unpaid assessments or unpaid special assessments. There is one additional area that I will address for you specifically that is possible solution for your HOA.

Since there is no official "fine" structure for violations this is the other way to handle the situation legally. Your HOA needs to send out their violation letters with this information. "Owner X is in violoation of XXX code in the CC&R's. If Owner X does not comply within specific time period (30 days etc...) the HOA CAN correct the repair FOR owner X at the owner's expense. IF the owner does NOT pay this bill, the HOA can place a lien on Owner's X property for the amount owed plus legal costs of filing the lien. Have a Nice day! ".

What this means is the HOA CAN correct the violation such as painting a house the wrong color and charge the owner for the work the HOA paid to have done. Mind you it's a HOA cost so it can be high. If the owner doesn't pay the HOA's bill, then that can be a basis of filing a lien. You have to give the owner a chance to correct the situation on their own prior to having the HOA vote to correct it.

I will warn you this is NOT the cheapest solution as the cost for the violation cleanup comes from the HOA's budget or homeowner's dues. So if your HOA can't afford this, they may need to have a special assessment to raise the dues to do all the repairs or raise the dues. The good news is that the HOA will be reimbursed for it's expenses once the owner pays off the lien. Plus the lien may be able to accumulate interest overtime the longer the owner doesn't pay it. The owner' can't sell the property until they pay that lien.

Hope this helps give you another option to look into. Insituting a Fine procedure may be more difficult. The list of what is fineable may never be complete and require alot of updates that can cost money to do. I'd live with what I have which is the ability to lien/foreclose. The real rights every HOA should have.

Former HOA President
DJ1 (Ontario)
Posts: 798
Posted:
Yup, come on over to my property to try to paint my house and l'll introduce you to my two little buddies, Colt and Magnum!
RogerB (Colorado)
Posts: 5,067
Posted:
RW, I would begin by getting a new BOD and educating them. Then educate the owners and start enforcing the CC&Rs.
NancyD1 (Florida)
Posts: 447
Posted:
1. Elect a new board and run for the board, then you will have more footing to make changes.

2. Get more HO involved. To do this just speak to your neighbors. Tell them what is going on. Your dues will surely be increased if the is no collection from HO. There is no reason not to collect with the new FL 720.3085. Whether it is a foreclosure or not, the HOA now collects.

3. Amend your By-Laws with consideration of FL 720 collection laws. You will need an attorney for this but it has to be approved by 2/3 of your membership as per FL 720.

4. You have 3 minutes to speak at a BOD meeting. Make your stance known. The BOD has to abide by the CC&R and By-Laws and not allow the changes made to individual homes without the ABC committee approval. If these approvals are not granted then the HO is fined. Copy the pertinent sections of your docs that you can refer to at a meeting.

Most important if you want changes, get involved. There is to much apathy in HOA's. People such as yourself that are concerned are the ones who make a difference. It may take time, don't get discouraged and keep persisting.
RW1 (Texas)
Posts: 149
Posted:
DJ1,

I agree with your response.

But then what is an association to do?

This house did submit a request but did not wait for approval before starting (specifically required) so they have no case. The shoddy painters here in S. Fla. can paint a house in 1 day so there here and gone before it goes noticed by a PM Co. The forceful painting of any home, requiring trespassing and the like would never happen here so just cause they could seems moot.

So what happens now if a house is painted pink with orange trim?

Once the cat got out of the bag, how could a future (new) BOD enforce ANY rule since this specific case (and several others not mentioned yet) was left un-corrected?

What about other issues years old? The past violations would seem to make it difficult to pursue recent ones.

Is there a statute of limitations in Fl. for this type of thing?

Does the BOD ever loose the right to correct violations upon discovery regardless of the age of the violation?

As I mentioned, there are 5 years of frustration brewing within me and this is just a most recent event.

I have spoken at meetings but maybe I am not clear enough or am just disregarded as a lone complainer. They seem cluless about state statutes and our docs.

RW1

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