Association Help

To all of our Florida managers, directors and association members.

Today, I recieved a present for all of us, from a group that has been the hardest working bunch of Floridians that I know, whose main goal is to keep us informed on happenings going on in Tallahassee with our State legislators. This is a PRO Board group, feeding thru one of the top HOA law firms in the State. I have worked with them for a few years and one of my associations has them on retainer.
The new website is ---www.callbp.com. You will find very valuable information as to pending changes in the HOA laws and what we can do about it. Thank You all and Happy Holidays. DonnaS

Laverne,
I cannot stress enough the importance of everyone who is working on a committee or is a member of a B.O.D, to run a copy of the Statute 720 for HOAs or 718 for condos and to take the time to read the important stuff, like section 303 and 306 which are election, amendments, voting and quorums. It is not a difficult read but it is the law. It becomes very clear after a couple of times of reading and would make running an association so much easier for all of the newcomers--and some of the old guard who have just been "winging" it all along. This is where all of the percentages and numbers are referred to , to make sure that your associations are in compliance with the State Statutes.

Pat,
Below is the Florida site for energy conservation. A couple of questions first. Are there any other Propane tanks in your developement? If there are , then you guys are out of luck in denying this application. We went thru it because of the large size of our area, before we had turnover and were still under the Developers watch, many pool installers just put the tanks in and no one reported them going in. So we had a precedent already set to deal with. For sure, every County has very strict installation requirements and they must be followed.

If there are no tanks at all, and your documents clearly state that there will be none allowed, then unless someone can find it in the energy act, there shall be none allowed. I could not find a law stating otherwise.

The energy act is- "FLORIDA RENEWABLE TECHNOLOGIES AND ENERGY EFFCIENCY ACT"
This act forbids restrictions on the use of solar and xeriscape landscaping and other renewable resources that can be used in HOAs. But nothing on Propane that I saw.

We had a resident put an underground tank in with the help of the last board. This should never have happened since our docs prohibit tanks of any kind.

Wonderful!

Thanks for the Enery act info

Pat

Pat,
As we so often say---"Here we go again". The Board has approved an item that is strictly against the CC&Rs. Now they have no choice but to allow the new applicant for a tank to be installed. Selective enforcement if they are denied the ability to install the tank.

Your County has restrictions on it's installation. Our County has 10 foot from a property line and 10 foot from any structure. So at least you have some sort of guideline.

I also would make sure that the tank is installed underground. Get some ARC guidelines written to at least make sure that the beast is not visable from other properties.

I agree with Chuck, the tank is out of sight... what's the problem if all local laws are met? Again, we must be reasonable! The renewal energy argument is however bogus.

I do appreciate and BENEFIT from DonnaS's posts. I believe she was a bit "quick with the mouse" in citing the Energy...ACT for this example. If you review the ACT she quoted it is aimed at industry, entreprenuers, etc, no direct benefit to HOAs specifically but may offer tax and other benefits to home owners. Maybe she meant the statute and was mis-spoken in her desire to help.

Pat, The FLA statute I quoted to you is short and easy to understand and HAS been tested in court in Palm Beach Co. (even in a case where a solar skylight, tube like device WAS NOT B.O.D. approved before installation!)

Also, Xeriscape clauses in FS 720 are restricted to HOAs formed after a specific date (don't recall at this time) again, not to say it could'nt be argued for all HOAs today especially given FLA's current water issues. But it [Xeriscape]has nothing to do with energy conservation or the Energy...ACT.

No intent to offend (DonnaS), just set the record straight.

If I have mis-spoke please let me know.

RW1

Even though our docs forbid tanks of any type, the Board approved the ARC request, without noting that there is a little box checked off that says they are using liquid fuel.

So that tank is installed.

We really do not want to have 347 tanks!

Pat

Pat,
Okay, so what the State Rep is saying to you that he is not aware of any restrictions on the use of Propane tanks. Your HOA docs have the restrictions on tanks not being allowed. A previous Board did allow one to be installed. None of us can find any laws for HOAs to not allow their useage. Therefore my conclusion is that they can be restricted by individual HOA's.

Now you are stuck with the precidence of a tank being installed. The choice is now up to the Board.

Have the one tank removed? Ouch, I hear a lawsuit coming.

Allow tanks to be installed? Ouch, I hear a different lawsuit on non enforcement coming.

Change the CC&Rs to allow tanks? By what percent are you required to have to change the CC&Rs thru an association vote? Would it pass the membership? Probably not.

Pat,
Probably 90% of all Board problems come from their ignorance or lack of enforcement of laws, rules and CC&Rs, The most important thing that BODs can do is to educate themselves. That was the jist of my original post. Now we have some very valuable help with the site that I posted.
Then 90% or so of all member problems is basically the same except many chose to ignore laws, rules and their CC&Rs.
Put these two together and then there is need for us, who are trying to sort this mess out.
Boards who knowingly chose to make exceptions to their CC&Rs, are doing a disservice to their members and create many issues that even future Boards cannot straighten out. And there is always the "Fiduciary" responsibility to follow the CC&Rs, which doesn't seem to be enough to force BOD's to still do the job according to the rules. HUMPH!!!

Our docs say NONE....But we know there is at least one that slipped by! It's a little tiny 1000 gallon tank. Oy!

Pat

Good ideas.

We have a meeting this week...I'll bring all this info.

Thanks again, and Happy New Year

Pat