ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
I'm in Florida and my question is....can an HOA mandate that certain villages within a subdivision change their mailboxes and allow other villages to keep that same mailbox?
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Mail Boxes
Started by ForrestB • 16 replies • 3001 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Well it depends on the situation. What is the condition of the mailboxes? What kind of change are we talking about?
The post office controls mailboxes. Maybe they suggested the change?
Our mailboxes are no longer manufactured. If they break, we may have to find an entirely different mailbox and replace our mailbox island.
So need to know more details on the change to get an idea of if they can or not. I would still side that they can.
The post office controls mailboxes. Maybe they suggested the change?
Our mailboxes are no longer manufactured. If they break, we may have to find an entirely different mailbox and replace our mailbox island.
So need to know more details on the change to get an idea of if they can or not. I would still side that they can.
Former HOA President
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
There were a few neighbors who's mailboxes fell in disrepair so, the HOA decided they wanted a different style of mailbox for several villages. They mandated that only those villages needed to replace their mailboxes with this new style, some neighbors had always maintained their mailboxes in perfect condition so they were given a five year grace period for the new style. I personally replaced my mailbox a year before because of damage with the old style, fast forward five years even though my mailbox is in perfect condition they're demanding that I replace it with the new style. In addition there are other villages within this subdivision who maintain the same type that we are being asked to replace however, they have not been mandated to replace theirs is that ok?
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
I doubt that any law would apply here. HOAs are generally formed by CCRs or deed restrictions on the property which are essentially a contract between the property owners. What the HOA can and can't do are determined by those documents. The HOA is run by an elected board, which should follow those docs, but since board members are volunteers and most often not lawyers, their interpretation of what is allowed is not always as accurate as it could be.
Unfortunately, there is no "HOA Police", if you feel the board is overstepping their boundaries, here are some of your options:
First step is to read and understand your documents.
1) Send a letter to the board, explaining why you feel that the documents don't allow their actions.
2) Hire a lawyer to review your docs to get an opinion, and possibly have the lawyer send a letter to the board.
3) Fight the HOA in court, either by suing them, or wait until they fine you and they place a lien on your property because you don't pay.
4) Run for the board and find like minded homeowners to join you in running, campaign for votes, get elected, and then run the association the way you feel it should be run.
Unfortunately, there is no "HOA Police", if you feel the board is overstepping their boundaries, here are some of your options:
First step is to read and understand your documents.
1) Send a letter to the board, explaining why you feel that the documents don't allow their actions.
2) Hire a lawyer to review your docs to get an opinion, and possibly have the lawyer send a letter to the board.
3) Fight the HOA in court, either by suing them, or wait until they fine you and they place a lien on your property because you don't pay.
4) Run for the board and find like minded homeowners to join you in running, campaign for votes, get elected, and then run the association the way you feel it should be run.
Escaped former treasurer and director of a self managed association.
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
In reviewing the covenants for my specific village it still says and has a diagram for the type mailbox that I currently have. Now I'm wondering if when the board of directors voted to change the style of mailbox, should they not have changed those covenants regarding the mailboxes as well? Who am I suppose to listen too, is it the HOA or those covenants I'm confused?
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
In reviewing the covenants for my specific village it still says and has a diagram for the type mailbox that I currently have. Now I'm wondering if when the board of directors voted to change the style of mailbox, should they not have changed those covenants regarding the mailboxes as well? Who am I suppose to listen too, is it the HOA or those covenants I'm confused?
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
In reviewing the covenants for my specific village it still says and has a diagram for the type mailbox that I currently have. Now I'm wondering if when the board of directors voted to change the style of mailbox, should they not have changed those covenants regarding the mailboxes as well? Who am I suppose to listen too, is it the HOA or those covenants I'm confused?
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Theoretically, your board should not do anything that contradicts your covenants, but look carefully to see if there were certain things the board can change without homeowner votes. And often to make such an amendment takes 67-even 100% of owners to approve.
OR did the homeowners vote to change the mailboxes?? And maybe you didn't notice the decision?
OR did the homeowners vote to change the mailboxes?? And maybe you didn't notice the decision?
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Sounds like your covenants are between your village's homeowners and your village's HOA. What the other villages' HOAs do, or do not do, should not be your concern. I'm not clear on how these multi-level HOAs work, so maybe I'm wrong.
Do the covenants actually include mailbox drawings and styles that must be followed? That sounds unusual for the covenants themselves to get into so much detail. Usually the details are left to a separate set of guidelines and the covenants refer to that.
Do the covenants actually include mailbox drawings and styles that must be followed? That sounds unusual for the covenants themselves to get into so much detail. Usually the details are left to a separate set of guidelines and the covenants refer to that.
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
We only have one HOA for the entire subdivision which has various named villages, the mailbox information is contained in the architectural guidelines of the covenants. Within that section there is a design for a specific type mailbox, I'm thinking the HOA would have to change those covenants prior to forcing individual homeowners too get this new style of mailbox? The other issue as I've stated is how can they force one section but not the others who have the same type mailbox to change theirs?
ForrestB (Florida)
Posts: 7
Posts: 7
Posted:
The mailbox change was solely the doing of the Board of Directors ( HOA )
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
And when you asked the Board, what was the reason for the change?
Mailbox styles are, as others have said, at the discretion of the post office.
We have cluster rural mailboxes (4 or 5 to a cluster). However, we were told by the post office that if we ever change these, we will have to go to the metal cluster boxes you now see most everywhere.
Mailbox styles are, as others have said, at the discretion of the post office.
We have cluster rural mailboxes (4 or 5 to a cluster). However, we were told by the post office that if we ever change these, we will have to go to the metal cluster boxes you now see most everywhere.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Forrest
Is the mail box change eventually planned for all villages (sections)?
What would be the cost per home?
Are you sue the present mailbox design is specified in the Covenants versus in some sort of Architectural Design Guideline?
Thanks
Is the mail box change eventually planned for all villages (sections)?
What would be the cost per home?
Are you sue the present mailbox design is specified in the Covenants versus in some sort of Architectural Design Guideline?
Thanks
CfD (Virginia)
Posts: 265
Posts: 265
Posted:
Tim,
We have a mailbox "style" that is required in our Declaration. Discussion at a recent board meeting was about possibly amending the Declaration to allow other mailbox styles.
It was brought up that the mailbox style was originally outlined in our hoa proffers in addition to our Declaration.
My question: Can the neighborhood simply go through the motions of amending our Declaration with the procedures outlined for doing so contained within the document itself to allow for a different mailbox style if that mailbox style is outlined in the proffers?
Incidentally, the proffers call for a certain color mailbox, but we have a different color throughout our neighborhood, so clearly a change has already been made by the developer when he still controlled the neighborhood.
Thanks for the response
We have a mailbox "style" that is required in our Declaration. Discussion at a recent board meeting was about possibly amending the Declaration to allow other mailbox styles.
It was brought up that the mailbox style was originally outlined in our hoa proffers in addition to our Declaration.
My question: Can the neighborhood simply go through the motions of amending our Declaration with the procedures outlined for doing so contained within the document itself to allow for a different mailbox style if that mailbox style is outlined in the proffers?
Incidentally, the proffers call for a certain color mailbox, but we have a different color throughout our neighborhood, so clearly a change has already been made by the developer when he still controlled the neighborhood.
Thanks for the response
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
If there is support of the members, you may amend the governing documents to include or exclude anything not prohibited by law or regulations (in this case, postal regulations).
LarryB13 (Arizona)
Posts: 4,099
Posts: 4,099
Posted:
Quote:
Posted By CfD on 08/27/2015 11:45 PM
It was brought up that the mailbox style was originally outlined in our hoa proffers in addition to our Declaration.
It was brought up that the mailbox style was originally outlined in our hoa proffers in addition to our Declaration.
What are proffers? I have never heard that term used in connection with HOA governing documents before. Are proffers recorded? What is their legal status in the hierarchy of governing documents and from what does that status derive? That is, is there some statute that gives proffers some legal weight? Who originally prepares a proffer and how does it get amended?
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