What if HOA(single families) board forgot to re certify the By-Laws as requested in Florida?

Started by HeleneR • 2 replies • 1409 views

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HeleneR (Florida)
Posts: 1

Posted:

This is a Senior Citizens community in Florida, all single family homes. What happens if after the 30 years the board forgot to re certify the By-Laws in Tallahassee as required by law for 5 years following. And never told the community, so every homeowner was paying dues etc. Now that they found out can they sue for their dues back.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Helen,

#1, Why would they think that they can sue for their dues back. That is ridiculous. Have you not had the community cared for, maintained, taxes paid and all common grounds paid for? Someone obviously forgot to take care of the paperwork.

You obviously had bylaws acording to what you said--"recertified" What has actually happened. Were the bylaws changed(amended) and they never got filed with the State?

Sue your own HOA? Where does that make sense. You ARE the HOA. Tell us what they "forgot" to do.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Helen:

Don’t worry … the by-laws describe your board, officers, their duties, meetings, voting, etc. There have been some individuals posting on this site who do not have by-laws for their HOA. The Declaration of CCR’s describes common areas, architectural guidelines, regulations and is the document that legally allows collecting dues or assessments. The CCR’s is the document attached to everyone’s property deeds.

What I would suggest is after 30 years potentially your by-laws need updating. The current board could update this document and file amended by-laws following your governing documents and state statutes as required.

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