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NEW 2007 Fla.Statutes

Started by LindaC3 • 12 replies • 1345 views

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LindaC3 (Florida)
Posts: 526
Posted:
Good Morning fellow Floridians................The NEW 2007 Statutes are now uploaded and available for viewing at www.myflorida.com......In your search box type in 2007 Statutes......Make sure you then use pull down menu and are viewing the YEAR 2007.........I have not read all of the changes ,but one that comes to mind is the time frame for audits or reviews has been changed from 60 days to 90 days ,but still remains or annually per your governing documents.....I will have lots of reading to do now...The easy way is PRINT a copy of 2006 then read 2007 and highlight the changes and if so required bring to the attention of your BOD or CAM.......LindaC
JohnR6 (Florida)
Posts: 2
Posted:
The new statutes require a HOA to go to mediation before initiating court action to collect a fine owed by a chronic violator of HOA covenants and restrictions. We invoked mediation in such a case and found, after a delay of several months in which we had received no response, that there is a large backlog of mediation requests. When I asked why there was such a backlog, I was told that The mediation service, as it pretains to HOAs, is seriously underfunded--only one or two staffers for all of northeast Florida.

I don't believe we will be assigned a mediator in the foreseeable future. The net result of the statute requiring mediation as a prerequisite for instituting a law suit plus underfunding of the mediation service is that Florida HOAs have been rendered powerless to inforce their covenants and restrictions.

If anyone is interested, I would like to see a Florida organization of HOAs established so that we can make ourselves heard in the legislature. As things stand we have lost our enforcement powers for all practical purposes.

Let me know if you are interested in such a project.

LindaC3 (Florida)
Posts: 526
Posted:
JohnR6........Good idea..I am with you on this....I have friends that are lobbyists in Tally and as we speak today there are workshops going on with regards to HOA'S and the problems associate with them....Now that we have a new Gov..things may be better.....
One of my good friends here where I live filed for a legitimate mediation......I back him 100%....It is for the BETTER of our Community....But here's the kicker....He gets the mediator assigned and attorney in Vero Beach and the guy is A MEMBER OF OUR HOA who has NUMEROUS violations against him here...We rolled on the floor laughing....Now of course he MAY NOT be the mediator due to conflict....But funny just the same..I am giving you my HOA e mail address......I use this for just this type of communications, ya know HOA stuff and Building Code stuff....Please feel free to drop me aline at [email protected]
Very Interested in your project and may have some folks fro you to contact in Tally..
THERE IS LIGHT AT THE END OF THE TUNNEL...............LindaC
PaulJ (South Carolina)
Posts: 54
Posted:
Quote:
Posted By JohnR6 on 08/02/2007 6:28 AM
The new statutes require a HOA to go to mediation before initiating court action to collect a fine owed by a chronic violator of HOA covenants and restrictions. We invoked mediation in such a case and found, after a delay of several months in which we had received no response, that there is a large backlog of mediation requests. When I asked why there was such a backlog, I was told that The mediation service, as it pretains to HOAs, is seriously underfunded--only one or two staffers for all of northeast Florida.

I don't believe we will be assigned a mediator in the foreseeable future. The net result of the statute requiring mediation as a prerequisite for instituting a law suit plus underfunding of the mediation service is that Florida HOAs have been rendered powerless to inforce their covenants and restrictions.

If anyone is interested, I would like to see a Florida organization of HOAs established so that we can make ourselves heard in the legislature. As things stand we have lost our enforcement powers for all practical purposes.

Let me know if you are interested in such a project.


Can you please provide a reference to your claim above? The way I read it is that arbitration is available, but that 1) it isn't binding, and 2) it doesn't preclude you from going to a lawsuit. Arbitration is just an option.
LindaC3 (Florida)
Posts: 526
Posted:
JohnR6 or all interested people in Florida HOA'S............I JUST recieved an e mail from oneof my lobbyists in tallahasee............This is the subject line....

Senate Regulated Industries Interim Projects Announced Today!

So if anyone desires any info please feel free to drop me aline at my HOA e mail address for input

lapdraft @ hotmail.com

LindaC
CharlesI1 (California)
Posts: 30
Posted:
It sounds as if you are ready to initiate heavy handedness in the administration of your association. I suggest creating committees to approach the violators in a friendly manner and beg for their coperation.
PaulJ (South Carolina)
Posts: 54
Posted:
What exactly are you lobbying for?
LindaC3 (Florida)
Posts: 526
Posted:
More beef to the statutes and something to back them up and MORE PROTECTION FOR THE HOMEOWNERS..........Interested ? LindaC
PaulJ (South Carolina)
Posts: 54
Posted:
Quote:
Posted By LindaC3 on 08/02/2007 1:24 PM
More beef to the statutes and something to back them up and MORE PROTECTION FOR THE HOMEOWNERS..........Interested ? LindaC

Sounds pretty general. What specificly do you want? More funding for the Ombudsman is a good start.
LindaC3 (Florida)
Posts: 526
Posted:
PaulJ,,,,,,, I belong to an HOA not a CONDO.......Their concerns are not mine...not that i dont feel for them but my mission is to help HOA'S......We at this point do not even have an ombudsman to help us out...
I wouldn't begin to write the book on problems with HOA'S in florida on the HOA talk site.. I am sure they would not appreciate that...... It was general info that the State has started a pilot program to help the HOA"S and I was forwarding the information for folks on this site from florida..If anyone has specific concerns that they would like forwarded to the State you may send me an email with the specifics to the email address I posted earlier...... LindaC
PaulJ (South Carolina)
Posts: 54
Posted:
perhaps the subject should have been more specific
NancyD1 (Florida)
Posts: 447
Posted:
Quote:
Posted By JohnR6 on 08/02/2007 6:28 AM
The new statutes require a HOA to go to mediation before initiating court action to collect a fine owed by a chronic violator of HOA covenants and restrictions. We invoked mediation in such a case and found, after a delay of several months in which we had received no response, that there is a large backlog of mediation requests. When I asked why there was such a backlog, I was told that The mediation service, as it pretains to HOAs, is seriously underfunded--only one or two staffers for all of northeast Florida.

I don't believe we will be assigned a mediator in the foreseeable future. The net result of the statute requiring mediation as a prerequisite for instituting a law suit plus underfunding of the mediation service is that Florida HOAs have been rendered powerless to inforce their covenants and restrictions.

If anyone is interested, I would like to see a Florida organization of HOAs established so that we can make ourselves heard in the legislature. As things stand we have lost our enforcement powers for all practical purposes.

Let me know if you are interested in such a project.


JohnR, there is already an organization, it called the Coalition of Community Association. It is a statewide organization. The branch in our area is very active in the legislature of Fl. Most of our local State Reps. and Senators attend and speak at the meetings.
KC (Florida)
Posts: 2
Posted:
I am in Florida and would certainly be open to this project. We are a small community, but with a small one the continuous violators stand out like a sore thumb...

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