Revitilization of covenants

RichardC29 (Florida)
Posts: 37

Posted:

Has anyone ever heard of this.the deo denied the revitilization of the association because of more strict covenants,the covenants exspired in 2009 and nobody did anything they amended the covenants to be more restrictive, in 2018 certified the vote and recorded it
It was discovered in late 2022 that the covenants expired many years ago so the bod started revitilization,but the deo denied it and the members got notification 21 days after the deo letter was sent out.so the attorney on day 25 calls the deo claim he has new info they reverse the descion and give the members 21 days to appeal
We can’t find out what the new info is,so the bod records the revitalization two days after it’s gets its new deo letter.
Since when does the deo handle appeals,and what right does a lawyer have to send in new info after the fact the packet was sent out,why does the lawyer get to appeal after 21 days and why doesent the lawyer have to file a appeal like it’s states on the deo web site like I have to.and how can the bod file the revitalization before the appeal is up.
This in Florida.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Edited by ElleN on 06/10/2023
The Florida Department of Economic Opportunity (DEO), pursuant to FS 712.11 and FS 720.403 et seq., denied the revitalization of an association because of more strict covenants.

The covenants expired in 2009. Nobody did anything until about 2018. Around 2018 the HOA amended the covenants to be more restrictive; certified the vote; and recorded the covenants.

It was discovered in late 2022 that the covenants expired many years ago. The BoD started revitalization, but the DEO denied it.

The members received notification of the denial 21 days after the DEO letter was sent out.

On day 25 the HOA attorney called the DEO. The DEO claims the attorney provided new information. The DEO reversed itself and gave the owners 21 days to appeal.

The owners cannot find out what the new info is. The BoD recorded the revitalization two days after it received the new DEO letter.

Questions:

Since when does the DEO handle appeals?

What right does the HOA lawyer have to send in new info after the original proposed revitalization packet was sent out?

Why does the HOA lawyer get to appeal after 21 days?

Why doesn't the lawyer have to file an appeal like it states on the DEO web site and like dissenting owners have to?

How can the BoD file the revitalization before the appeal is up?

Richard, this site and FS 720 both indicate that the DEO's job is to see if the "proposed revived declaration and other governing documents comply with" state statutes:

https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/homeowners-associations-covenants

Notice how the site above says that the DEO will not disapprove a proposed revitalization because of disputes between owners and the HOA.

Where a party has "substantial interests," the right to appeal a DEO decision appears to arise from FS 120.569. See https://www.jimersonfirm.com/blog/2022/03/communitys-mrta-revitalization-denied/ and http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.569.html.

When the denial was issued, Florida statutes say that the HOA has the right to appeal the denial. This is apparently what happened. The DEO has the right to reverse itself.

If the HOA attorney appealed after the deadline occurred, then I agree this may be problematic.

On the other hand, there is nothing to stop a HOA, trying to revitalize, from re-submitting. What does this mean? It means that I think the HOA attorney's being outside the timeline is likely a moot issue.

It appears the DEO is giving owners opposed to the revitalization a chance to state why revitalization should not occur. If you and other owners feel strongly abou this, I urge you to hire your own attorney.

Meanwhile:
Can you please provide a link to the DEO site that you say talks about appeals? I could not find it.

Can you attach a copy of the letter the DEO sent that you say talks about appeals, with the name of the HOA redacted? Attachments in this forum cannot exceed 200 kilobytes. For attachments, PDF files are best.