HOA but not really....

The developer recently sold the recreational facilities and golf course in my community. We may be extra dumb, but most home owners thought that the rec. facilities would be turned over to the HOA eventually. As it turns out, our Association was formed under Florida statute 617 not 720. When buying we had to sign a statement acknowledging that we would be required to join a HOA, the _____ Residents Association. When the sale came up we had the right of first refusal, but were not able to raise the $10.million to purchase the rec. facilities. To make a long story shorter, our Assoc. is only responsible for social, recreational and cultural activities. Now the new owner is changing some of the rules for the facilities (not the C&R's).For example: Once a month we hold a Pancake breakfast in the club house. The volunteers would start preparations at 5:30am and begin serving at 7:30.Now the club house doesn't open until 7:00am. This makes it impossible to hold the pancake breakfast. In the past the committee members had a key to access the club house, now all the locks have been changed and no exceptions to the 7:00am rule are permitted. The main issue is that the new owner refuses to discuss any concerns with the board, especially maintenance issues and rules.
Not being a standard HOA there may not be a lot of help here, but if anyone has any insight or advice , I would certainly appreciate it.

Thanks for responding. The Association is registered with the county as a " Florida Corporation Not for Profit ".

From the Articles of incorporation: The Association shall have all the powers and duties reasonably necessary to operate and maintain the Association, including the following:

We contacted a lawyer when the offer to purchase was received. He explained the difference between HOA's formed under statute 720 and the 617 statute that applies to us. His take was that the greedy bastards had followed the letter of the law if not the intent. Before we got all questions answered the Board gave in to pressure from residents about spending funds on attorney fees, when we needed to send in a $2500. retainer for the lawyers to continue.

Filed with the county? It was my understanding that the corporation would have to file with the state. Are you saying they just filed paperwork with the county saying they are a corporation and not the state?

Also, I was referring not to the Articles of Incorporation. I was referring to the Covenants and Restrictions - the legal contract that binds your property to a certain set of rules and possibly a HOA. Are there any C&Rs filed on your property that require you to do certain things, such as be a member to the association?

Sorry. Missed this when I made my other response.

So there are Covenants and Restrictions?

What do they say regarding a HOA, membership, common property, etc.?

When 720 was passed 617 was amended to state community associations would also be governed by 720 just so long that it fits the definition laid out in 720.

Sorry, I misspoke. The Association is registered with the Florida Department of State Dept. of Corporations.

you, like many others, have been layed, relayed, and parlayed

legally, of course

617 or 720 does not really matter

the members will never own the 'common' elements - further - since this fact is actually in the 'covenants' you AGREED when you bought

CAVEAT EMPTOR

I agree John, I didn't see the C&R's until my "Developer orientation" that took place 3 or 4 months after closing.
Naïve northerners come down to Florida thinking it's all the same, only to get the rude awakening sometime later.
The sad thing to me is that 720 is a good law designed to protect people's rights but it can be circumvented so easily by a developer .

We have accepted the fact that we are screwed as far as ownership of the Rec. facilities is concerned. The thing I need advice on is the fact that the owners won't even listen to any concerns we have about maintenance or upkeep. They have the right to change the rules any way they want and refuse input from the Board. The changes seem arbitrary and they seem to be doing it because they can. Little or no consideration to the quality of life of the folks paying the bills.

James

You say you did not see the Covenants until 3-4 months after closing. I bet if you go back over your closing documents, you signed something saying you had read and were aware of such. You may have even signed saying you were given a copy. Not saying you had them nor read them but.

As long as the facilities are kept in top shape, and available to you, it might just turn out to be a blessing in disguise. Your association will not have to worry about maintaining/operating them. Just pay for them and enjoy them.

I have lived in 6 or so associations ranging for one that owned an 18 hole private golf club to my present association that has no amenities. I have learned the most troublesome and costly items are always the amenities. I do not want amenities. If I do, I will join a club that has them such as I have done here.

James not to pick on you but remember receiving this document BEFORE you bought?

720.401 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.—
(1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY
FOR
(NAME OF COMMUNITY)

1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION.

2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.

3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER . YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER .

4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS’ ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY.

6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER .

7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.

8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

DATE: PURCHASER:

PURCHASER:

The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.

No I don't. I do remember signing a document that stated "you will be required to be a member of a Home Owners Association , The ___ ____ Residents Association". That was all that was on that particular document.

Again, let say that I am not looking to get out of the Association or to get out of paying amenities fees. I am asking for suggestions to promote or even force the new owner to communicate with the Board and listen to our concerns and suggestions. We want our members to enjoy the best lifestyle available in our community.