Not properly recorded amendments

Started by RichardC29 • 4 replies • 154 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RichardC29 (Florida)
Posts: 37

Posted:

The association recorded amendment changes without votes from members as no certification for amendment change is recorded with amendment change.in Florida.
The by laws require two thirds of parcel owners to vote yes for amendments to become effective.
So just how do you go about getting these amendment changes vacated in Florida

TimB4 (Tennessee)
Posts: 21,062

Posted:

If you are on the board, contact the attorney to determine how to correct (probably filing a legal mistake type of document).

If you are simply a member:

1) ask to see the minutes from when the amendment occurred to make sure that the legal mistake is simply failing to obtain proper endorsements.
2) If it was adopted improperly, question the board about fixing it.
3) If the board doesn't want to fix it, you would have to challenge it in court.

DouglasK1 (Florida)
Posts: 2,046

Posted:

I would think the primary method would be via lawsuit against the association. The FL Department of Business and Professional Regulation (DBPR) does in theory provide some limited role in keeping associations in line, but I think that is primarily around elections. You could contact them to see what they say but I don't think I've ever read a thread here where they provided useful assistance, so probably back to suing.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

By laws do not require to be filed in most states. CC &Rs and Articles of Incorporation are.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Please note, some States (no idea if FL is one of them), have a time limit to challenge recorded documents.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here