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PerryB (Florida)
Posts: 1
Posted:
Our HOA with vast majority of residents voting in favor changed the covenant wording removing the "perpetual fees for service" of Brighthouse and ADT. The purchase contract for each home stated these fees and they went to a company set up by the developer. It is worth mentioning that these were a good idea in 2002 or so for convenience of service. However, as time has past nothing has changed with the services themselves. The TV is basic both in channels and quality. And many residents have found out that the same basic service would be less outside the community. ADT has NO knowledge or are they willing to help if you call. Several residents have stories of lighting setting of the alarm while on vacation and after a few days the neighbors call and tell them. In these events neither ADT or the police called the residents as they are supposed to have done. If equipment malfunctions there is absolutely NOBODY to call. ADT will not respond. Brighthouse has no record of you only the company. When I called about internet issues (my only service from them I use directv) I was told I was going to be charged a separate fee since Brighthouse tv came into my community but I was not listed as paying.

All that being said here is my question(s).
I have heard that Florida allows the residents to vote out these fees after the HOA has control is this correct? If so statute please.
If the developer decides to place liens is my best recourse small claims court Thanks
TimB4 (Tennessee)
Posts: 21,059
Posted:
Perry,

You need to get a copy of the contract. Just because the CC&Rs changed, that wouldn't necessarily change the contract entered into with the company. Sometimes you must let these contracts run their course before they can be broken.

Not knowing what type of development you are (HOA, Condo, Moble Home Park) I can't provide a statute.
However, here is a link to FL statutes:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XL#TitleXL

Hope this helps,

Tim
CarolF (Florida)
Posts: 435
Posted:
This article might have some information for you.

http://www.heraldtribune.com/article/20110813/COLUMNIST/110819833?p=3&tc=pg

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