Revitalizaton of Property Owners Association

Seems that our documents were 'renewed by vote of board of directors' in 2019 pursuant to Section 712.06, Florida Status (2018). However, renewal or 'revitalization' in that statute is 712.09 and 712.06 is the Contents of Notice. Not sure if I am splitting hairs here but our by-laws WERE amended nonetheless. Everything I read stays that there should have been a 75% vote of owners, but only 7 members of the BOD voted on the changes. All the following documentation was sent in one package as follows:

Governing Documents Table of Contents
• Declaration of Restrictions and Protective Covenants 26 Pages
• Articles of Incorporation 6 Pages
• By-Laws of Association 10 Pages
• Notices, Resolutions, Policies and Rules 16 Pages

It is very clear, in our own documents, that amendments require a 75% vote of owners. The issue has been brought up, and I am awaiting feedback from
our BOD. Three updates were made to our by-laws, referencing input from the 2006 Annual Owners meeting.

So, my question to this group is, and I realize a 'legal' opinion is needed. If the revitalization was not done correctly (by not having a 75% vote o the owners), does this mean that our documents are now considered unenforceable?

Has this happened to any other HOA or POA that you know of. We are considered a POA due to the fact we are not a 'mobile' home park but an RV resort with deeded lots, considered residential. No permanent structures allowed, although we all have Tiki huts, some of wall's but not all 4 sides, some have attached storage sheds (which are not allowed per our Restrictions and Protective Covenants), and a few 'other' non-Architectural committee approved changes. Side note: we have no active Architecture committee - no members.  

Hi, no intent to dissolve, more like an 11th hour rush to 'renew/revitalize' without fully understanding the implications of not letting the owners vote on it. DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS FILED IN MONROE COUNTY OFFICIAL RECORDS
AUGUST 10, 1989*

ARTICLES OF INCORPORATION INCORPORATED
AUGUST 3, 1989

BY-LAWS OF ASSOCIATION
ADOPTED AUGUST 11, 1989

The renewal/revitalization happened in July 2019. August 3, 2019 they would have expired. I just noticed that! Would not have time to take it to a vote.

The covenants are considered a contract by the courts.

I understand in FL statutes, there is a five (5) year statute of limitations to challenge contracts.

see: Statute of limitations, waiver and covenant enforcement from a newspaper article written in 2014

They wanted to make 3 changes to the by-laws from what I can tell. The President at the time has since sold his lot and it no longer there. We have to pay $5000 annual assessment. It concerns me because I am an owner.

JanetO3, if you want to get anywhere on this issue, quit talking about "bylaws." The MRTA does not apply to bylaws. It applies to certain covenants. The difference is enormous.

I think your adversaries' reference to "bylaws" confirms that they have zero understanding of what revitalization is; what it does; and how it is accomplished. Which may very well mean that they did not revitalize correctly and so the alleged revitalization is null and void.

If you want to force the issue, and to be able to discuss this intelligently with an attorney, then I suggest you be smarter than your adversaries. A lot smarter.

Note that 712 defines exactly which sort of covenants to which it applies. This is not about bylaws.

Let make one thing very clear. I have never referred to anyone as an 'adversary.' I was the one who pointed out in this forum that the by-laws were what were amended as part of the revitalization of all of our documents. The presenter was doing an overview of what constitutes the need to have a 75% vote of all the owners.

In fact, the presenter is a member of our BOD who is an attorney. He is only allowed to 'advise' since he is not licensed to practice in the state of Florida nor is he an expert in community associations and Florida Statues.

I do not understand your comment about 712. Our documents were revised referencing 712. I will post it again:

RENEWED BY VOTE OF BOARD OF DIRECTORS ON JUNE ____, 2019 PURSUANT TO
SECTION 712.06, FLORIDA STATUTES (2018)

That's nice. But fact: 712.06 concerns the revitalization of solely // covenants // concerning certain restrictions on //land use.//

Bylaws can be amended at any time by an appropriate vote as specified in the bylaws and the appropriate HOA/COA statutes and corporate statute (e.g. FS 617, FS 718 or FS 720). Per statute, bylaws are //not// "revitalized" using the procedures given in FS 712.

You need to seek the counsel of a well-qualified HOA attorney, specialized in MRTA. Plan to pay a lot as he or she explains the MRTA statute sections.