DBPR registration list.

Started by KevinK7 • 7 replies • 1975 views

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KevinK7 (Florida)
Posts: 1,343

Posted:

I thought this was entertaining. A couple years ago the Florida legislature passed a law that required HOAS to register with the state. There were certain requirements that needed to be met for an association to register. Property ownership had to be a condition of membership, membership had to be a mandatory condition, and the association had to have the authority to levy fines, fees, and assessments.

I reviewed the list and noticed the old property management company registered my neighborhood. As we all know, I have had my disputes with the HOA regarding MRTA, but putting that all aside, the HOA did not meet the requirements laid out by the state. For instance, They permit homeowners to leave the HOA upon request or if you complain (sort of.)

Anyway, I emailed the DBPR to just let them know that there were certain conditions snot met. I was curious what kind of response I would get. They responded that the law requires mandatory HOAS to register but it is not in their authority to investigate the validity of r the registrations... despite requesting information regarding incorrect claims!

Ridiculous.

I know my Florida people might find this interesting

AllisonD (Florida)
Posts: 449

Posted:

Kevin, that whole registration thing is suspect to me, why did they need the registration and what have they done with this information since receiving it? They could have easily gotten this information by checking Sunbiz, since HOA's are registered. Usually, such things are done at the request of a powerful lobby in Tallahassee, and we will probably find out who when we discover that HOA's will be subject to some sort of additional regulation which will line the pockets of those who hired the lobbyists.

KevinK7 (Florida)
Posts: 1,343

Posted:

The information they request is the address and number of member homes. There was also talk of having every property be assessed a dollar (or was it five dollars?) To fund the department. My opinion is that the state has neighborhoods register the homes and then they will start collecting money. The only way to stop collection is to bring suit against your HOA to prove they filed incorrect information but how many homeowners will do that?

Look at me - I have a MRTA property and a messed up HOA situation. The HOA has been told they are not mandatory and they have admitted so to homeowners who ask. There are no restrictions referenced by my property that grant an association authority yet the HOA continues to fight everything at every turn and have registered with the state. It feels like the burden to keep a title clean is placed solely on the homeowner and anybody can make any claim they want, file it, and make it public record.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kevin

Yes..yes..the HOA is the problem...refuse...refuse...

KevinK7 (Florida)
Posts: 1,343

Posted:

Quote:

Posted By JohnC46 on 09/09/2015 4:01 PM
Kevin

Yes..yes..the HOA is the problem...refuse...refuse...

In my situation yes. I follow all the laws. MRTA is very specific. 720 is very specific. 617 is very specific. I did my part. I was involved prior to expiration, and mostly because I was seeking legal advice and trying to understand my documents more to see if there was a mistake. I was threatened with a lawsuit for a 4' piece of lattice I placed on the side of my home.

The facts are that the HOA converted to their idea of a mandatory/voluntary loophole and then tried to force homeowners into eternal membership. The board overstepped their authority and ignored the law. Yes, I called them out on it and severed my ties with the organization to limit liability.

This topic was interesting (perhaps more so to us Floridians) because it demonstrates the messed up situation Florida homeowners are in. There are laws in place and requirements for associations but there is no investigative or enforcement mechanism. Basically HOAS can get away with murder unless homeowners can win a war of attrition...

KevinK7 (Florida)
Posts: 1,343

Posted:

Quote:

Posted By JohnC46 on 09/09/2015 4:01 PM
Kevin

Yes..yes..the HOA is the problem...refuse...refuse...

So what is your diagnosis?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KevinK7 on 09/09/2015 4:22 PM

Posted By JohnC46 on 09/09/2015 4:01 PM
Kevin

Yes..yes..the HOA is the problem...refuse...refuse...

So what is your diagnosis?

That you will never be happy in a organization/association that does not let you pick and choose what you want.

You will never be happy in an HOA, COA, POA, etc.

KevinK7 (Florida)
Posts: 1,343

Posted:

Quote:

Posted By JohnC46 on 09/09/2015 4:51 PM

Posted By KevinK7 on 09/09/2015 4:22 PM

Posted By JohnC46 on 09/09/2015 4:01 PM
Kevin

Yes..yes..the HOA is the problem...refuse...refuse...

So what is your diagnosis?

That you will never be happy in a organization/association that does not let you pick and choose what you want.

You will never be happy in an HOA, COA, POA, etc.

What makes you think I pick and choose what I want?

I was a member in my neighborhood for 18 years. My family paid every month on time. We had participated in the meetings and returned every ballot. My property was in compliance until roughly 2009 when the board started picking and choosing what to do.

Architectural control?

Despite a failed vote years prior the board decided they could tell homeowners what to do, including dictating roofing material.

Property maintenance?

The board decided to send enforcement letters for completely subjective infractions (i.e. calling potted plants "rubbish").

Membership?

They passed an amendment changing membership into mandatory but then they grant exemptions to those who complain. They would tell some homeowners they had to pay up for a full year so they can leave in January while others they had threatened lawsuits for nonpayment. They signed paperwork for others admitting membership is not mandatory because of MRTA while they ignore MRTA for others.

It sounds like they re the ones that pick and choose and I was smart enough to protect my investment. It sounds like you are the exact type that would ignorantly run a corporation that has the potential to ruin someone's life because of how you believe things should be.

I came to this website seeking understanding and appreciate differing viewpoints. The is exactly why I stuck around. The people who come to this board with covenant expiration questions or Florida-specific questions don't benefit from people like you who claim people like me are picking and choosing what they want to follow. I have backed up all of my statements regarding my neighborhood with statutes and court cases. My neighborhood even LOST in court yet you seem to believe I pick and choose.

I think you are mistaken...

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