Voluntary HOA issues

Started by GlennC2 • 5 replies • 495 views

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GlennC2 (Florida)
Posts: 2

Posted:

We have a 45 home development with voluntary dues of $75.00 /year. We currently have 80% participation and there is one non-member "fussing" about our non-profit incorporation and "rumors" of our association stating that dues are mandatory. No one on the board or directors has made these statements (or at least all deny) This person states that she will not be a member until all homeowners have been notified that this is a voluntary association. In the last ten years all new home owners have the by-laws that state voluntary participation as well as the deed restrictions. Short of telling her to do her own door knocking campaign to verify this, what suggestions do you have?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tell her the BOD disagrees with her so be gone.

BobB31 (Florida)
Posts: 178

Posted:

Can you please clarify? Are both membership and dues voluntary? Or is membership mandatory with voluntary dues?
I assume the governing documents have something to say about the process required to change to mandatory dues. Perhaps you can show her that?

GlennC2 (Florida)
Posts: 2

Posted:

John, Yes, I would love to tell her be gone and this is what we (the board) will tell her in a few paragraphs.

Bob, Membership is when dues are paid. Our by-laws state this. It does not make sense that we try to become mandatory.

Just for your information, our dues maintain the common entry area including lighting and general maintenance of the signs. This is a 1980's development and we are committed to keeping the development one of the more desirable older ones in Vero Beach county. We also have a community picnic to encourage all families in the development to become part of the HOA.

BobB31 (Florida)
Posts: 178

Posted:

Wow, this is new to me. So membership begins when dues are paid. Does membership end when dues stop being paid?

GenoS (Florida)
Posts: 4,276

Posted:

A non-FS 720 homeowners association can pretty much do whatever it wants. If it's incorporated it still has to comply with the general not-for-profit statute, FS 617. But only mandatory HOAs are subject to FS 720. There's also the possibility that there are deed restrictions without the existence of an HOA at all. There are all sorts of combinations. Membership in a voluntary HOA can define "membership" any way they want, whether it's from "dues paid" to "dues no paid" or any other criteria.

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