HOA PUBLIC POLICY in Florida

Started by HenryM4 • 6 replies • 1513 views

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HenryM4 (Florida)
Posts: 36

Posted:

Per the 2013 Florida Statutes, Chapter 720 Homeowners' Associations, section 720.3075 - Prohibited clauses in association documents - , paragraph 5, on page 26, it reads

(5) It is declared the public policy of the state that prior to transition of control of a homeowners’
association in a community from the developer to the nondeveloper members, as set forth in s. 720.307, the
right of the developer to amend the association’s governing documents is subject to a test of reasonableness,
which prohibits the developer from unilaterally making amendments to the governing documents that are
arbitrary, capricious, or in bad faith; destroy the general plan of development; prejudice the rights of existing nondeveloper members to use and enjoy the benefits of common property; or materially shift economic burdens from the developer to the existing nondeveloper members.

JackE1 (Indiana)
Posts: 26

Posted:

And your point or question is?

TimB4 (Tennessee)
Posts: 21,059

Posted:

This exact posting came from a different thread.

I believe that Henry is trying to discuss the specific statute (similar to how Larry started up a thread about a court ruling.

Unfortunately, Henry didn't provide any other comments other than citing a single paragraph of FL 720.3075 without specifying if he agrees or disagrees with the paragraph, the whole section of the statute or why it should even be discussed.

HenryM4 (Florida)
Posts: 36

Posted:

I started this thread SIMPLY as a FYI.

I'm NEW to HOAs and to HOATALK, so everything is new to me. All I can do is ask questions (not provide answers) until I do my DUE DILIGENCE to begin to speak from a position of knowledge as it applies to MY HOA concerns/issues here in FLORIDA. I'm slowly getting there - I THINK!

In another thread, someone said something about the laws in Arizona (I think) as they apply to maintaining the integrity (my word) of a HOA subdivision. That's WHY I initiated this FYI.

When people respond to discussion I initiate, all I know is their username. How QUALIFIED they are to offer advice is another thing altogether. Is the responder just a person like myself (don't know much); are they speaking from their own experiences that may or may not apply to my concerns; are they lawyers who know or think they know THE LAW? Some responders say UPFRONT where they are coming from - like not a lawyer and don't claim to be, etc. I don't know how good any of the "advice" is that's being offered, but having said that, I have learned some very good things from some of the responses I've gotten or from other "discussions" I've read.

In the beginning, a few days ago, I took almost everything I received from a responder on HOATALK as the gospel unless forewarned or it was obvious not to do so! Call me naive!

KevinK7 (Florida)
Posts: 1,343

Posted:

Florida is a fun state for Hoas but this site is wonderful to learn from.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Henry

Some posters have been through the HOA wars and as such, have learned and can make a pretty good "guess" at what is going to happen.

PitA1
Posts: 222

Posted:

Henry,

YOU ARE NAIVE.

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