Florida HOA issue

Started by RonC7 • 4 replies • 881 views

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RonC7 (Florida)
Posts: 6

Posted:

We are a self managed Florida HOA which operates very efficiently and all neighbors are friends 21 total owners. The issue is one of the homes burned down and now there is an investigation, which might drag on. The cause will not be known until the fire marshal report is released. In the mean time the insurance company wants to erect a chain link fence with padlock around the fire area in order to secure evidence. Who is responsible for the property now, owner or insurance company. Can they do anything they want there? How long can this situation stand, and what would be the Boards next step? Thanks!

DouglasK1 (Florida)
Posts: 2,046

Posted:

The owner is responsible to the association, the insurance company is not a member of the association and has no contractual relationship to the association. The owner does have that relationship via the CCRs.

You can keep pressure on the owner, and possibly even try to enforce violations/fines against them, but is that really going to help anything? I think the reality is that it's a bad situation and it will take longer than everyone wants to resolve. I think tolerance and patience all around would be the best course of action. I am not aware of any state laws that require this situation to be resolved in a certain timeframe, but the local city or county might have some rules that apply. You might want to contact local code enforcement and see what they have to say.

Escaped former treasurer and director of a self managed association.

RonC7 (Florida)
Posts: 6

Posted:

Tolerance and patience. Thank you my friend!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The owner is still responsible for paying dues for that lot. Even if it does not have a home on it. Plus they most likely are responsible for building back on that site. Which those details should be in your CC&R's about what happens a home catches fire or natural disaster hits.

I would consult with the insurance company about the time line of the fence. Make them aware of any rules your HOA may have in fence installation. A chain link fence may not be an approved material and would need a timeline to remove.

We had a home burn nearby in a suspicious circumstances. Do not recall them ever putting up a fence. However, they did have the police out front for a bit. Did not take that long. The house was quickly demolished within the month or so. Seems a bit off on how long the insurance wants to put up a fence unless there is arson and jail time involved here.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

Most likely will only be for short time if the insurance is paying for the fencing. They also are wanting the chain link because most likely it will be rented temporary fencing which will be returned to where they are renting it from when investigation is complete. I do not see an issue with temporary fence as long as it is noted that it shall be removed immediately within X time upon completion of the investigation.

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