FL ST 720 vs 617 for legal matters

Adriana,

Following is the subsection from 720.302 Purpose, scope, application:

(5)Unless expressly stated to the contrary, corporations that operate residential homeowners’ associations in this state shall be governed by and subject to chapter 607, if the association was incorporated under that chapter, or to chapter 617, if the association was incorporated under that chapter, and this chapter. This subsection is intended to clarify existing law.

There is nothing in the 720 statutes which say an HOA must register to be bound by FL720. The way I read the statute is that if you were originally bound by FL617 then you are now automatically bound by both FL617 and FL720.

I wonder if your neighbor's attorney practices HOA law. IMO,it would be preferable to have an attorney who is familiar with HOAs.

Adriana,

I went to your other post where you say that this is a coop? True. In that case, everyone, including the professionals (lawyers) are way off base.

"http://www.myfloridalicense.com/dbpr/lsc/statutes.html

"COOPERATIVES
Florida Statutes 719 is entitled "Cooperative Act". The statute became effective January 1, 1977 and replaced cooperative apartment provisions contained in former Florida Statutes 711. Subsequent amendments to 719 have been enacted, with significant amendments having been enacted effective October 1, 1986 retroactively operative to April 1, 1992. The purpose of this act is to give statutory recognition to the cooperative form of ownership of real property. The 1992 statutes currently defines a cooperative "unit" as, "a part of the cooperative property which is subject to exclusive use and possession. A unit may be improvements, land, or land and improvements together, as specified in the cooperative documents." The terms "cooperative" is defined as, "that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property."
 
The Supreme Court of Florida on April 5, 1978, in, In Re The Estate of Lester Wartles, Fla., 357 So.2d 708 (1978), ruled that a cooperative apartment is not homestead property for the purpose of subjecting it to the Florida Statutes regulating the descent of homestead property. The Court stated that a cooperative unit purchaser receives only shares in the corporation which holds title to the land on which the cooperative building is constructed. In conjunction with the purchase of the shares in the cooperative corporation, the stockholder receives a lease for his individual cooperative apartment unit. In short, the purchaser of a cooperative apartment unit does not hold any type of proprietary interest in either the apartment itself or the apartment building containing the apartment unit, or the land upon which the building is situated.

Adriana,

Before we go another round on this, there needs to be some clearer understanding of what your HOA is. Is It A Co-Op?

What was it formed as in 1959? The Articles of Inc will say what it is. If it was just a not for profit corp, that was under 617. Where did co-op come into this?

We have this problem often with older NFP's They all were just plain corps but after many years, the very wise State of Florida divided up these corps under 718 (condo) 719 (Co-ops) 720 (HOA's) and 723 (Mobile Home Parks) What are?

MaryA1,thank you, probably the attorneys are confused.

Adriana,,

If you give me your legal name for the Association AND what County that you are in, I can find information for you.

Thanks, Donna

Adriana,

I cannot find any association listed under Edward Lawrence. What is the association named? Like "The Willows of St. Pete" or "Seaside" or a name that the association is called. Ed Lawrence Inc is listed from 1987 so I think that somewhere along the line, you went from a condo to a co-op.

MaryA1;
I believe you are right! Now,why a bank would consider us, an unaceptable collateral. I contacted their legal dept and they stated that our documents are not dully registered? But did not offer additional information and directed me to an attorney? Then the Board, placed a ballot asking the membership to vote for drafting of detailed homeowners governing documents and that an special assesment of $5500 to $11000 would be required? Of course it was voted NO. What is all this about....if there is no state requirement?
Thanks to both Donna and you, I feel am closer to understanding?

My best guess now is that you are a co-op, originally filed as a not for profit corp in 1969 as a condo. Somewhere the developement was transfered and sold as a co-op, which was never filed. (unless you do not know where to find that filing) Under Florida law, you would be governed under S.S 719 (Co-operatives) and the not for profit 617 Statutes.

"They want to force my neighbor to go to mediation, and her attorney said, she was not bind-ed by 720,"

The lawyer is correct because 720 is not what Statutes you would follow.

Again I will ask. What is the name of your association? DBPR would not have the information that you are seeking. Fl has a Not For Profit Corp listing and IF you are even registered, that is where to find it. But Pinnellas County will have any papers that were recorded including the transfer to a co-op.