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Revitalization Florida HOA is developer common elements allowed to vote and should it be included

Started by IngerG3 replies • 1240 views

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IngerG (Florida)
Posts: 2
Posted:
When an HOA revitalizes in Florida and the developer has common elements in the plot - is his tract to be included in the voters to make the decision?
GenoS (Florida)
Posts: 4,276
Posted:
Revitalization would normally be done after covenants have been extinguished by, say, Florida's MRTA, which won't happen until 30 years go by. Your developer still owns property in the community 30 years after the covenants were first put into place?
IngerG (Florida)
Posts: 2
Posted:
Yes he owns two parcels - a lake and tennis court. it has been extinguished and they are trying to revitalize now excluding his two parcels and misrepresenting the changes
GwenG (Florida)
Posts: 669
Posted:
720.404 Eligible residential communities; requirements for revival of declaration.—Parcel owners in a community are eligible to seek approval from the Department of Economic Opportunity to revive a declaration of covenants under this act if all of the following requirements are met:

(1) All parcels to be governed by the revived declaration must have been once governed by a previous declaration that has ceased to govern some or all of the parcels in the community;
(2) The revived declaration must be approved in the manner provided in s. 720.405(6); and
(3) The revived declaration may not contain covenants that are more restrictive on the parcel owners than the covenants contained in the previous declaration, except that the declaration may:
(c) Govern fewer than all of the parcels governed by the previous declaration;

Per 3c, the HOA can omit parcels as desired.

Alternately, perhaps the lake and tennis court were not part of the plat originally governed by the Declaration and are not eligible for revitalization.

Another possibility is that the Developer released those parcels from the Declaration restrictions and did not turn them over to the HOA as part of the common elements. This would be reflected on the Deed from Developer to Association.

I would first double check the facts (if you can't just ask someone and get a straight answer). Look for what was deeded to the HOA by the Developer. Look at the Plat and the indexed parcels named in the original Declaration. If the lake/tennis court were released from restrictions prior to turnover or never encumbered by the Declaration, then they are not subject to HOA revitalization. If the lake/tennis court were encumbered by the original Declaration, and have been selectively omitted from the parcel index for revitalization, then "Luceee--joo got some splain'n to do!"

I wonder if the HOA parcel owners are paying any monies for maintenance of the lake/tennis courts.

What is being misrepresented specifically and by whom?

Bottom line is the law clearly states that the revitalized Declaration may govern fewer than all the parcels governed by the previous Declaration.

I am not an attorney and the above should not be regarded as legal advice but only suggested questions to discover more information.

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