FL HOA Initation Fee for nonmembers

Started by AshleyG3 • 3 replies • 438 views

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AshleyG3 (Florida)
Posts: 3

Posted:

I have completed additional research. The HOA is an voluntary HOA. The president sent an email stating the Board Members held a meeting and approved the requirement for a new fee that only applies to members who were not members in 2018 AND 2019.

First, I am not sure the Board meeting was advertised.
Second, how can the charge an initiation fee based on prior year memberships?

Can someone please provide some direction as to any regulations a voluntary HOA falls under in the state of Florida?

SheliaH (Indiana)
Posts: 6,964

Posted:

In reviewing your last conversation on this subject, you said this was a voluntary HOA, but never said whether you were a member. If not, I would think none if this is your problem, otherwise, what were you told about this HOA when you moved in and did you sign anything saying you were a member? If you’re not sure, go find those documents you got at closing and read them. Do the papers say anything about opting out at that time or if you can do so after becoming a member (because people do change their minds). Have you been paying HOA fees all this time? If not, did you get any reminder notices that the fees were due?

As for what Florida law says about all this, you may find references to something in your documents, otherwise, you may need to take them to a private attorney. I think I may have also suggested you check if there’s an HOA ombudsman who might be able to assist you (I think there’s something like that in this state).

If this is a voluntary HOA, I wouldn't pay them a dime unless they could prove I've always been a member, and if they don't have any documentation to this effect, it seems to me, they need to figure out once and for all who wants to be in, and leave everyone else alone if they decline. You say you weren’t sure if the board meeting was advertised – did you ask any board members about this? In fact, have you discussed any of this with them?

If you find you are a bonafide member, you may want to talk to a private attorney about this prior-year fee business, as it doesn't seem appropriate to me. Or look for a way to get out of this "voluntary HOA" if they don't seem to want to do things decent and in order (like notify the members of upcoming meetings.) If you want to stay, you'll need to get more involved, maybe considering running for a spot. That way, you'll have better knowledge of what they do and why, as well as keep fellow homeowners in the loop.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By AshleyG3 on 12/17/2019 10:44 AM
I have completed additional research. The HOA is an voluntary HOA. The president sent an email stating the Board Members held a meeting and approved the requirement for a new fee that only applies to members who were not members in 2018 AND 2019.

First, I am not sure the Board meeting was advertised.
Second, how can the charge an initiation fee based on prior year memberships?

Can someone please provide some direction as to any regulations a voluntary HOA falls under in the state of Florida?

Is the association incorporated in the state of Florida? If so then the state's corporate statutes would apply. Is it incorporated as a not-for-profit corporation or a for-profit corporation? If not-for-profit then FS 716 would also apply. A lot will depend on the corporation's Bylaws.

As a voluntary HOA, the state doesn't really care what happens and the board can pretty much do what it wants as far as managing the HOA goes.

OK.... upon further review.... a voluntary HOA cannot enact mandatory assessments, much less enforce any kind of transfer fee. No one is obligated to pay anything in a voluntary HOA unless there's some kind of unusual contract everyone signs. Are there deed restrictions in the neighborhood? Any covenants that run with the land that appear on your deed?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I think it is this FS ... 617 ... http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html

Many voluntary HOAs have deeded restrictions - and LOTS of confusion ensues.

Voluntary HOAs were/are a terrible idea.

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