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BarbaraB26 (Florida)
Posts: 5
Posted:
Hello I'm new to this forum and to Hoas. Where I am in Florida the park is still operating under 617 instead of 720. They have a hard time enforcing any rules. I was told being that we own our land and have shares in the park that in order to be a 720 every house must have a share. Does anyone know if that's true?
SheliaH (Indiana)
Posts: 6,964
Posted:
Check your documents , starting with the declaration. You may also need to check the corporations department (usually part of the secretary of state`s office) to see how it was incorporated.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By BarbaraB26 on 02/23/2024 5:42 PM
Hello I'm new to this forum and to Hoas. Where I am in Florida the park is still operating under 617 instead of 720. They have a hard time enforcing any rules. I was told being that we own our land and have shares in the park that in order to be a 720 every house must have a share. Does anyone know if that's true?

You are a member of a non-profit corporation and have no title to the land. Each owner has a membership in the non-profit.

In an HOA, the homeowner is a member of the nonprofit by owning title to property in the HOA.

That said, there is no reason why a 617 can’t enforce rules. Actually it is easier in a 617 than a 720 because all the corporation need do is refund the membership value and expel the person from membership. Which means get their trailer off the property.
BarbaraB26 (Florida)
Posts: 5
Posted:
Actually in this park we do own our lots. Maybe that's where this is coming from?
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By BarbaraB26 on 02/24/2024 5:16 AM
Actually in this park we do own our lots. Maybe that's where this is coming from?

Sounds like the deeds were never recorded as an HOA and the corporation is just a social club.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BarbaraB26 on 02/23/2024 5:42 PM
I was told being that we own our land and have shares in the park that in order to be a 720 every house must have a share. Does anyone know if that's true?
Not having 'a share' is not a reason for FS 720 not to apply.

Other reasons may exist for FS 720 to not apply. If you want me to walk you through when FS 720 applies, then ask.

Reading FS 720.301 and FS 720.302 will help. See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Was this HOA established before 2000? If so, this would explain a lot.
BarbaraB26 (Florida)
Posts: 5
Posted:
Yes. It was incorporated I believe in the 1970s . As not for profit 617. I have just moved here and don't know alot about it
. But the board has problems enforcing things and said it's due to that. I'm going to read through the documents and see what they say.
BarbaraB26 (Florida)
Posts: 5
Posted:
Yes. It was incorporated I believe in the 1970s . As not for profit 617. I have just moved here and don't know alot about it
. But the board has problems enforcing things and said it's due to that. I'm going to read through the documents and see what they say.
BarbaraB26 (Florida)
Posts: 5
Posted:
I found the incorporation papers . It was 1978. All members are to pay 5 per year to belong to membership which is the hoa.this says it gives you voting rights per membership . It does not say anything about shares. But shares is what they go on . Unless that's asked somewhere. Found an amendment but Again it says membership not shares.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By BarbaraB26 on 02/25/2024 7:38 AM
I found the incorporation papers . It was 1978. All members are to pay 5 per year to belong to membership which is the hoa.this says it gives you voting rights per membership . It does not say anything about shares. But shares is what they go on .
So you need to read the cited sections of 720 and explain to them why they are wrong.

I advise you to hire an attorney, who will then explain the above cited sections of FS 720 to you and how they are determinative of whether FS 720 applies.

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