Florida Material Alteration to Common Area HOA

Started by CaroleS • 5 replies • 2218 views

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CaroleS (Florida)
Posts: 97

Posted:

Our docs are silent on material alteration to common area. 720.304(1) talks about intended use. 720.31(6) talks about a vote of 75%.

This board is trying to put a pickle ball court in a landscaped open field. I say they need a vote. I am betting that they asked their lawyer if they had to have a vote because it is $40,000 and the lawyer said no vote. That does not deal with the intended use change.

Now they also want to build a cafe on property currently used for the swimming pool. Cost is in excess of $1,000,000. There needs to be a vote of 60% to spend the money. I believe that they have to vote first for the alteration as the money is a separate issue.

My question, are those two statute references correct.? I can find now case law. I have found several lawyer interpretations that say there has to be a vote.

Help would be greatly appreciated.

SheliaH (Indiana)
Posts: 6,964

Posted:

Have you asked these questions of the Board? If so, what did they say?

If your documents don't say anything about this, the board may be able to install these things, although it makes sense to run it by the community first, especially the million dollar cafe. If you saw language about the 60% vote, you may want to advise the board they really need to put this to a vote by the community- after they provide detailed information about why they want to put this in, benefits to the community, who will maintain the building after the cafe's built and so on.

If they can't won't provide answers so people can make an informed decision when they vote, you may need to rally your fellow homeowners to vote them out. Perhaps you and some like minded homeowners would be willing to take their place since someone has to run the association......?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GenoS (Florida)
Posts: 4,276

Posted:

Do your CCRs list the common elements of the association? Ours do and the first line of defense against something like that here would be, "Our covenants do not give the board the authority to install a pickleball court."

CaroleS (Florida)
Posts: 97

Posted:

CCRs are silent. There is no case law on the sections I have cited.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Carole

Nose around/search "Capital Improvements" as this is what they would be.

CaroleS (Florida)
Posts: 97

Posted:

I did. I keep on pouring through them. It seems that a group opposed to the cafe has formed. The leader is pretty good.
The pickle ball court is another story. I paid a premium for my lot. Partial water and clubhouse view. Pickle ball court obstructs my view.

These are the original docs done by the developer and never changed except for the $$ amount on capital improvements without a vote..

I am hoping that the cafe group will wind up becoming a proactive forum for change.. No one wants to get involved.

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