Florida developer and maintenance fees allocation

The 55 Adult subdivision where he buyers own their own land . The developers covenants and restrictions expired in 2001 after a 25 year life. The developer came to the HOA for acceptance and renewal. This was not granted but they were recorded and amended twice. The definitions section in these talk of lot or homesite in singular form and the community is divided into two different size lots, 50 by 90 and 65 by 90. The later has room for a motorhome port and these lots have dual hook ups for water and sewer. The developer provides water and sewer service. In 1997, the developer started to sell half a lot or extra whole lots to individuals. This has allowed homes to be placed landscape wise to the street and garages rather then a carport. The C&R which were recorded in 2001 indicate a monthly maintenance fee would be charged per homesite, it also indicates that fee would pay the operating cost of the community. It has come to my attention in reviewing recent expense reports that the developer has not been charging the monthly maintenance fee when they sell the lot. The developer has also chosen not to charge the maintenance fee when the buyer has purchased more then 1 lot of either size. The developer only charges one monthly fee so you could own 1, 1.5, 2, 2.5 or 3 lots. If you only purchased additional lot or lots on speculation and do not place a mobile home on it then you do not pay any monthly fee and the developer mos the property for you I appears at no cost.

I do not see this practice in written form in any portion of he C&R and many single lot owners are
not aware it is going on. The single lot owners with a mobile home bare the burden of the community cost the the monthly maintenance fee continues to ris. I have asked the board to have this reviewed by a lawyer but board members own double lots of both lot sizes and they feel the developer can charge who ever they want. The board will not read my plea at a meeting they just keep tabling the matter. The community common areas have deteriorated along with the roads and the developer is trying to sell the remains lots and campground. The campground was placed inside the subdivision and they have full us of the common areas.

Am I hitting my head against a wall there are 101 actual mobile homes but there are a total of 133 lots sold. The developer is not even collecting the maintenance fee from all the homes.

Any suggestions?

The original covenants gave you a year to place a home the new covenants not approved in 2001 gave 2 years. No mention when fees are collected. The operating cost of the community include taxes, insurance etc which affect the entire community. Why would you not be required to pay the soft cost as they are sometimes referred to , when you are required to pay taxes for tthe land to the county.. Now the developer can extend the 2 yers to build. So we have lots that have not paid since 2007. These appear to be for investment purposes and one lot was eventually sold from 2005 purchase in 2013 so that lot owner is paying the monthly fees.
This practice does not appear to be equitable.

When to begin collecting dues is a long running and often a legal discussion. The answer range from the developer pay something to dues do not begin until a home is built and given a Certificate of Occupancy.

It looks like the OP has gotten nowhere with his argument. Time for him to lawyer up if he is serious. He might could rally others that believe as he does to defray cost.

I am not speaking about dues for the HOA, I am talking about maintenance fees for a lot or homesite which is singular in the definitions section of the C&R. I assumed that once a lot was sold that the upkeep of the community would be allocated to the lots sold and this would lessen the burden on the developer. In an ideal situation the income collected from maintenance fees would help guide the HOA if they ever took control and would keep up the common areas , buildings and roads. This place is falling apart, the roads are a mess and the buildings for maintenance work, clubhouse and office may need to be torn down..

Are not HOA dues not maintenance fees? If you own the lot/house then what other taxes/insurances you talking about? The HOA may have liability insurance of it's own, but that is to be covered in it's maintenance expenses.

So not sure if your jumping the gun here on making people pay. If they are not paying, then the HOA if owner owned, can place a lien. I would just have a policy in place that says what that time limit is for not paying before a HOA liens. Is it 1 year? 6 months?

Thank you I understand..