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Fl Hoa special meeting request by owners

Started by JimbB • 11 replies • 1867 views

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JimbB (Hawaii)
Posts: 42
Posted:

Our complex has a few covered parking with exclusive right of use. The CCR'S are silent on the COVERED PARKING areas. The Board is requesting an outrageous amount from those owners to repair or improve the covered parking.
Majority owners are out of state, only received the bill never included in the decision making or bidding. Can they request a special meeting if so any FL statute on this case?
Thank you
RwT (Florida)
Posts: 154
Posted:
JimbB,

Yes, the membership can request a special meeting but it's more like inserting an item into the agenda of the next meeting [regular] assuming the BOD meets at least every two months (60 days).
[Note the last sentence]

Florida State Statute 720.303 (2)(d) says:

"If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting. Other than addressing the petitioned item at the meeting, the board is not obligated to take any other action requested by the petition."
* Non-Lawyer spokesperson.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

I am not nor do I play a lawyer.

How does the association grant exclusive usage?

If the covered parking spots/structure is owned by the association then I say it is up to the association to replace/repair, not the users of such.

Now if spaces are rented by the association then the association could always consider an increase in rent.

CarolR11 (Colorado)
Posts: 2,563
Posted:
With John46, what do you mean by "Exclusive Right of Use"? Are they deeded to owners, but the HOA maintains them? However your documents define exclusive right of use should also state who maintains them. This would apply whether the spaces are covered or not.

If not your state laws might help. You need to learn how "Exclusive Right of Use" is defined. And also in your case, how do owners "get" these spaces.

In our condo high rise, owner's balconies are "exclusive use," i.e., they are exclusively used by owners, but the HOA may make rules about them. Our CC&Rs, say that owners must paint and keep clean the interior walls, ceiling of these.

Our parking spaces in our underground garages are deeded to each owner, but they too, are exclusive use. The HOA makes rules about them, but in this case the HOA also maintains them, e.g., stripes them. The only time owner pay anything to maintain these spaces is if fluids leak from their cars that our custodians must clean. Owners are billed for that service.

Get answers to these question and, if warranted, then call a special meeting of the members or just get yourselves on the agenda of your board's regular meeting, as RwT suggests.

(I'm not an attorney either.)

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:

In our condo high rise, owner's balconies are "exclusive use," i.e., they are exclusively used by owners, but the HOA may make rules about them. Our CC&Rs, say that owners must paint and keep clean the interior walls, ceiling of these.


Another phrase for this (above) would be "limited common area"
RwT (Florida)
Posts: 154
Posted:
In Florida the statutes define the types of condo properties as: either 'unit', 'common areas', 'limited common elements' and 'exclusive use (common) areas'.

We have no 'limited common areas'.

Sounds nit-picky, but so it goes.
* Non-Lawyer spokesperson.
CarolR11 (Colorado)
Posts: 2,563
Posted:
So, RwT, Jimb needs to look in his documents to read what the maintenance obligations are of the HOA and the owner with respects to the correct category. Sounds like "exclusive use common area." But is it?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SteveM9 on 04/30/2014 4:35 PM

In our condo high rise, owner's balconies are "exclusive use," i.e., they are exclusively used by owners, but the HOA may make rules about them. Our CC&Rs, say that owners must paint and keep clean the interior walls, ceiling of these.


Another phrase for this (above) would be "limited common area"

Carol

For sake of discussion if your building balconies started rotting/deteriorating, who would pay for their restoration? I say the association. What say you?

Thanks

CarolR11 (Colorado)
Posts: 2,563
Posted:
Same as you JohnC. We owners only are responsible for keeping the deck tiles clean, the glass & tube steel surrounds clean & keeping the walls/ceiling painted. These are the "interiors" of our balconies. Our HOA would repair structural issues.
JimbB (Hawaii)
Posts: 42
Posted:
I am grateful for the comments on the topic, the issue continues they assessed the ten covered parking owners $10.000.00 for the repair. Many of the owners had the covered parking for over 20 years and there is no records or documents mentioning who maintains it, like previously said the deeds mentions parking as "exclusive right of use of parking #" nothing else. According to the Board they paid a legal research and it was determined the ten owners had to pay. The owners requested to see the legal determination but the Board ignores the ten owners request. Any similar situation out there that can shed some light here. Thanks again.
RwT (Florida)
Posts: 154
Posted:
Well somebody will have to stand-up to the BOD with documentation that explains the members' rights to inspect ALL (but a very few) official records.

It is found in 720.303 (5).

Here is a snipet:
"INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request...."

There are several sub-chapters to follow which further explain the additional associations and members' rights.

Google "Florida 720.303" or similar.

Maybe there is compelling information in the 'legal research' or maybe not. Either way unless there is pending litigation regarding THIS matter there is a statutory right to inspect the documentation.
* Non-Lawyer spokesperson.
JimbB (Hawaii)
Posts: 42
Posted:
Your comments make sense, our CCr's are silent of who maintains the covered parking, a few of the owners are in agreement to pay for the maintenance they are requesting to be part of the bidding, if they have to pay ten thousand when they had a bidding last year for four thousand?

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