Residents pay for revitalizaiton to go over HOA head?

Started by NoahA • 4 replies • 544 views

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NoahA (Florida)
Posts: 212

Posted:

Since I'm in Florida.

The board seems to be full of people that want to destroy the HOA>

the MRTA paperwork was not filed in 2004 , so the deeds are "Stale"

can the community members if we can raise 6500.00 to pay lawyer privately, and go over the
hoas head.

We would like our deeds back, we took a "non-biding vote" it did not go out to every lot but the vote was 104 votes to 34 in favor of having deeds.

If the pro deed people have a pow-wow to raise up money to a lawyer and the lawyer does there own registered mail, and if we have over 50% votes to revitalize.....would that in effect get our deed restrictions good for another 30 years without having to wait for the HOA to do it?

TimB4 (Tennessee)
Posts: 21,059

Posted:

You are going to have to ask an attorney this question.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Interesting scenario ... not an attorney, but if more than 50% vote to revitalize, i suspect it will be accepted. Only the HOA veneer is missing. The deeds are what is important.

What is the date of your deed root? Is it 1974? If so, your deeded structure was extinguished in 2004.

GenoS (Florida)
Posts: 4,276

Posted:

I believe the answer is "yes" but you do need to ask a competent attorney. FS 720.405 says that a revitalization effort...

"... shall be initiated by an organizing committee consisting of not less than three parcel owners located in the community that is proposed to be governed by the revived declaration."

There's nothing that says the organizing committee must consist of association directors or former board members. ANY group of at least 3 owners can spearhead the effort. If you're worried about the bad guys beating you to the punch, get your like-minded neighbors to become involved with the effort and get in line ahead of them.

From what I've read, first-come first-served is how revitalizations are processed by the state Dept. of Economic Opportunity, and DEO likes to rubber-stamp these things.

If MRTA has extinguished deed restrictions then the current "HOA" board can't stop your attempt to revitalize. All it takes approval-wise is for, "A majority of the affected parcel owners must agree in writing to the revived declaration of covenants and governing documents..."

Good luck.

RoyalP
Posts: 1,104

Posted:

the key is:

"prior to estinguishment"

ps. the deeds themselves do NOT expire/extinguish, merely the covenants and restrictions 'attached thereof'

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