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NoahA (Florida)
Posts: 212
Posted:
I live in Fl. HOA's should comply with the 720.

Our Dictator says that he don't care wtih the 720 says, that since the HOA forgot to do the MRTA paperwork since our deed restrictions are unenforceable until they are revitalized that we are "civic" and that the 720 is not something he has to follow NOR Roberts rules of order

I do not believe this, can anyone give me some ammo for the meeting coming up.

In my mind if the HOA failed to do a MRTA that means:

1. The HOA is still a hoa, (especially since there collecting dues still)
2. The HOA just did not file a preservation notice, and just needs to get revitliziaotn
3. at no time can they just pretend to be civic as that would need to be a whole new orginiziaotn from the ground up if im not mistaken.

If it IS true we are "civic" until that revitalization is in effect
isnt all money collected illegal, as it is under "dues fo ra HOA" and even says HOA on the paperwork?
if so , what legally should be done about ill-gotten money.
JaredC (Texas)
Posts: 264
Posted:
Corrupt people don't care about you. You are nothing to them. You don't matter. You're a joke.

With the various issues you've raised IMHO you should seriously consider paying an HOA attorney for an hour or two of their time to voice your concerns and see if they hold merit and are legally actionable. At that point you can decide how best to proceed whether on your own or with the attorney's help.

If you can get solid advice then the likelihood of being able to recruit your neighbors to help pay for action goes up quite a bit. Furthermore bad people are experienced in being bad. They know good people don't want to fight and they also know how hard it is for good people to stop them. They also dominate via intimidation and arrogance. If you have a good cause and can get an attorney to write a letter that'll scare them. Trust me.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By NoahA on 03/20/2019 7:06 AM
If it IS true we are "civic" until that revitalization is in effect isnt all money collected illegal, as it is under "dues fo ra HOA" and even says HOA on the paperwork? if so , what legally should be done about ill-gotten money.

"Civic" means nothing here. If MRTA has extinguished your covenants then the HOA has ZERO power to collect assessments or enforce any deed restrictions. In short, if you don't pay, they can't touch you. Keep in mind they can try anyway because shady lawyers are a dime a dozen.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Noah,

You need to eliminate the "corrupt" talk - and the emotion if you are to fix your HOA. I am assuming you wish to restore your HOA.

Florida's MRTA law likely has extinguished your CCRs, if your dates are accurate. There is a clear process to "revitalize" your HOA's CCRs. Below is a quick summary I borrowed from Florida's Department of Economic Opportunity (DEO) website.
_______
Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

Parcel owners within a community must create an organizing committee composed of not less than three community members.
The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.

Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
Department of Economic Opportunity
Attn: Division of Community Development
107 East Madison Street, MSC 160
Tallahassee, Florida 32399-4120

DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO's approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By GeorgeS21 on 03/20/2019 9:57 AM
You need to eliminate the "corrupt" talk - and the emotion if you are to fix your HOA.

Agreed.
GenoS (Florida)
Posts: 4,276
Posted:
DEO almost always approves, from what I've read here and elsewhere. Supposedly "new" CC&Rs may be less restrictive than the original expired ones, but may not be more restrictive. I seem to remember reading here a couple of years ago that DEO rubber-stamped new CC&Rs that were not in keeping with that requirement. There was also a discussion here about how the DEO rubber-stamped a revitalization that included homes NOT ORIGINALLY subject to the original covenants.

The DEO itself is considered corrupt by many; I'd call it incompetence and stupidity, myself.

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