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JeffW6 (Florida)
Posts: 65
Posted:
Our HOA is nearing 12 years of age! We have had 380 homes added in the last 4 years to total 685 homes! We have had a fining committee since 1/1/17 and the HOA has collected $0 in fines! Our community has went from a 7 to a 4 out of 10 in those years. How do we force HOA rules enforcement? We are probably 3 years away from takeover due to adding 172 units in the 2018 budget and nothing has been done to even turn them into lots 12 months later. The Developer doesn’t even have a home builder for the additional lots under contract and current builder is leaving when their lots are completed. Any recommendations are appreciated!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jeff

What is it you want to do?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Jeff,

A "7 to a 4 out of 10?" What does this mean?

With 685 homes this is a large HOA - when you say addition another 172 units do you mean you are a condo or single family organization?

When you say "takeover" do you mean turnover from the developer to the HOA?

Property was discussed or added to the development, but not platted into lots?

Help us with a lot more information, please - the issues are pretty diverse between fining processes and new lot platting and build out and turnover from declarant ...
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JeffW6 on 02/13/2019 5:27 AM
How do we force HOA rules enforcement?


Please quote here what your HOA's governing documents (Declaration, covenants, et cetera) say about enforcing covenants. Sometimes the governing documents give the HOA discretion in enforcing covenants, which is bad for you. Sometimes the governing documents require the HOA to enforce the covenants, which is good for you.
JeffW6 (Florida)
Posts: 65
Posted:
I would just like the HOA rules be enforced! We have houses with lawns with no grass and all weeds, we have front yards with no trees when they are supposed to have 3 trees, we have homes 11 years old with cracks and paint needed, our clubhouse needs a lot of cleaning! I have a neighbor a cross from me that hasn’t bought 1 bag of mulch in the 8+ years I have lived here. Our Developer controlled HOA is not enforcing anything! We have one resident Board Member with no power. The Developer representative told one home owned it was okay for them to paint their driveway and sidewalk. It is not only against HOA rules the city doesn’t allow city sidewalks and driveway areas to be painted.

I want just a little enforcement to make the community look decent again!
JeffW6 (Florida)
Posts: 65
Posted:
It reflects that any violations can be be $100 and another $100 a day up to $1,000.00! The property manager says they have sent out 1,278 violation letters and we have a fining committee and he says there are several at the “attorney status,” but, no fines have been issued as of yet!
JeffW6 (Florida)
Posts: 65
Posted:
7 to 4! 10 would look beautiful, 5 would be average and 4 looks like there are no standards or below average looking neighborhood! Currently 545 single family homes and 140 duplexes. Yes - turnover. Yes - not platted and some infrastructure is needed to.
JeffW6 (Florida)
Posts: 65
Posted:
Improve the look of the community! It started out as a $200K to $500K community!
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JeffW6 on 02/13/2019 8:47 AM
It reflects that any violations can be be $100 and another $100 a day up to $1,000.00! The property manager says they have sent out 1,278 violation letters and we have a fining committee and he says there are several at the “attorney status,” but, no fines have been issued as of yet!


Are you sure you are quoting the covenants? I would bet the covenants say more than this. Ask the manager for a copy of all the "governing documents." Read them carefully and report back here the pertinent sections, if any.

1.5 cents: I think the facts, without exclamation marks, all by themselves indicate the seriousness of the situation where you are. Posts here seem more read-able without the exclamation marks.
JeffW6 (Florida)
Posts: 65
Posted:
Wow!!!! 2 exclamation points!!!
CjC
Posts: 210
Posted:
He is well known for his use of exclamation points.

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/257440/view/topic/Default.aspx

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By CjC on 02/13/2019 9:05 AM
He is well known for his use of exclamation points.
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/257440/view/topic/Default.aspx


wink

JeffW6 (Florida)
Posts: 65
Posted:
You are more worried about exclamation points then helping good people asking for your advice! Really?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JeffW6 on 02/13/2019 9:14 AM
You are more worried about exclamation points then helping good people asking for your advice!


I am worried about you not reading the governing documents and providing exact quotations from them, regarding enforcement, so people here can provide substantive help.
JeffW6 (Florida)
Posts: 65
Posted:
I practically have them memorized. I have created a Facebook group with a 157 members to prepare for the turnover process only to find that the Developer added 162 additional units and delaying a possible turnover for 3 years. I downloaded all of the closed properties from the county records to have an accurate number of homes closed. I have tracked the HOA financials by creating my own spreadsheets only to find out our HOAs $538 net income is being projected thru audits to have $500K to be returned to the Developer for past losses. Two days a go I found out that there was 1,278 violation letters sent out since 1/1/17 and our HOA has received $0 in fines. Our community was very nice in 2010 when I purchased my home only to have the community go down hill with LGI mass producing with $0 down homes that do not meet the 2010 community standards. We have an overcrowded pool that our property managers ignore by allowing outsiders to use it. Our Developer Rep. gave a homeowner the okay to paint their driveway and public sidewalk. I don’t use any of the amenities, but, I am trying to help my neighbors enjoy them. Iam trying to learn all I can about HOA practices and Florida laws concerning them. And you guys want to cut on me for exclamation points.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JeffW6 on 02/13/2019 9:50 AM
I practically have them memorized.


I suggest posting the governing documents, with the name of the HOA redacted. If all the governing documents provide is a schedule of fines, then per the Florida case law and what I am seeing in Florida's statutes, you have no recourse (and I would judge your HOA to be crap, as enforcement of covenants is the whole raison d'etre of HOAs). But as I wrote above, and if forced to bet, then I would bet your HOA's governing documents say more about enforcement. If you do not have a copy of the governing documents and you do not want to go to the HOA manager for these, your county clerk may very well have these on file and available to the public.
JeffW6 (Florida)
Posts: 65
Posted:
What type of files can you upload? I tried submitting a picture and it will not load it.
AugustinD
Posts: 5,144
Posted:
jpg files are not allowed. Try converting your photo to a pdf file using a free online converter like https://jpg2pdf.com/
TimB4 (Tennessee)
Posts: 21,059
Posted:
There are file size limits
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Jeff,

Are you on the Board? Have you been on the Board before now?

Exclamation marks ... yes, punctuation is important - especially when it relates to emotional context. HOA management, any sort of governance is usually more successful when approached in a factual, unemotional manner.

So, if you could run us through the years of your involvement on the Board, or how you approached the Board in the meetings you attended, it would helpful for us to understand how locked down the Board is, and how you and others you convince, can effect the change you want.

And, assigning metrics without the standards that are accepted to support those metrics doesn’t help ... I thought you were talking about a system of sorts that had been developed by a standards organization to rate HOAs in your area.
JeffW6 (Florida)
Posts: 65
Posted:
I am not on the Board! Residents have 1 Board Member out of 5. I am posting on an Internet forum. I am not reporting as a CFO which I was for 27 years. We have 1 Board meeting a year it is Developer controlled. I did not assign any metrics.

Today I learned the Developer Rep. gave the approval for the builder to stain/polish a driveway/sidewalks of home due to a subpar driveway/sidewalk install that needed to be cut out and re-poured. A clear violation of our HOA rules. The stained/polished sidewalk goes against city ordinances.
CjC
Posts: 210
Posted:
report the driveways to the city. When our ACC approves anything it comes with instructions that they are required to follow all city and county laws and get permits etc.

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