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DorothyT2 (Florida)
Posts: 16
Posted:
Does anyone remember what year 720.306(9)b became effective? My HOA has a President who has been
delinquent over 90 days for many months at a time over the last 6 years. The other board members consider him indispensable and so he has continued to serve. What should homeowners do about this?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dorthy,

Go to the following page:

http://www.leg.state.fl.us/statutes/

That page is the 2015 FL Statutes

At the top of that page, you may select the year for those statutes.

step 1 - You can select a year,
step 2 - depress "go"
step 3 - Select Title XL
step 4 - Select chapter 720 part 1
step 5 - Look at 720.306(9)b to see what changed.
step 6 - Go to the top of that page and select year.

Repeat steps 2-6 as needed until you find the year the item you are looking for is no longer there.
This will tell you the year it changed.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By DorothyT2 on 09/16/2015 8:22 PM
Does anyone remember what year 720.306(9)b became effective? My HOA has a President who has been
delinquent over 90 days for many months at a time over the last 6 years. The other board members consider him indispensable and so he has continued to serve. What should homeowners do about this?

It is Florida. You can't do anything unless you want to sue. Basically they can do whatever they want and it won't matter unless you spend the money to bring it to court. Florida does not grant authority to any agency to oversee this stuff.

Heck! I had a neighboring HOA claim it was my own and attempt to rewrite the C&Rs. They took people to court and did whatever they wanted. Some of the board members did not even reside in either their neighborhood or my own!!! It took a homeowner to sue in order to stop it all.

I suggest do your research on the matter, petition the membership, and try to vote him out of the position. Also, some C&Rs allow homeowners to sue each other for enforcement. You may be able to get some homeowners together separate from the board to take care of this matter. That way costs won't be too sky high.
DorothyT2 (Florida)
Posts: 16
Posted:
You are right! Making it known to the membership is the best first move. I only hope they care.
It is not the right issue for the courts. Thanks
DorothyT2 (Florida)
Posts: 16
Posted:
Thanks Tim...it was right under my nose and I failed to see it.
AllisonD (Florida)
Posts: 449
Posted:
I believe it changed July 1, 2011 and remember that 'can' and 'may' is not the same as 'must' and 'shall'.
NinaR (Florida)
Posts: 26
Posted:
If your docs say that board members cannot be delinquent in their assessments, then case closed. Regardless of when the FL law went into effect. The 720 laws say that your HOA can do things differently than what the 720's say, as long as it isn't illegal. For example, if your neighborhood decides to pay the board for their work, you can do that. So, if your docs has a rule that board members cannot be delinquent, then he's out!

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