Florida HOA question

Started by ArtB1 • 9 replies • 317 views

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ArtB1 (Florida)
Posts: 97

Posted:

As many of you know, Florida recently passed some 720 changes allowing work trucks, vegetable gardens, etc.

Here was a story about an HOA deciding to ignore the law

https://finance.yahoo.com/news/florida-hoa-upholds-ban-against-100600685.html?guccounter=1

I suspect they did not have the Kaufman language but was wondering if any other Florida HOAs were deciding to go against the new law and your reasoning.

Thanks

P.S. We decided to issue some interim guidance and are working on a full rewrite of our rules.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

the HOA didn't ignore the law, the law was written so it only applied to HOA's with "from time to time" updating clause, basically grandfathering in older hoas.
The law is over all very good, and it sucks it gave some hoa's a way to ignore it.

You would think people would be so pissed they would run for the board and change the rules, but it's easier for many to pay $500 a year to park thier truck 0.8 miles away and waste 10 minutes every day going back and forth? lol. people obvioulsy can't calculate the value of their time.

vis ta vie

ArtB1 (Florida)
Posts: 97

Posted:

I was hoping that someone from that particular HOA was on the forum

CathyA3 (Ohio)
Posts: 6,299

Posted:

Posting rules prohibit talking about specific HOAs for liability reasons.

TimB4 (Tennessee)
Posts: 21,061

Posted:

I'm sorry, DO NOT INVOLVE ATTORNEY's AT THIS TIME.

Wait until the Association actually has legal action filed against them

No need to provide the attorney's contact info. Any contact will cause the Association to incur legal fees because the attorney would be acting on the Associations behalf.
Wait until (IF) legal paperwork is delivered to the registered agent (which is how legal paperwork would be sent).

Typically, the individual is bluffing and simply saying that they will bring legal action hoping you back down.
Let them spend the money for their attorney to tell them there is or is not a case.

The Board should simply get paperwork and documentation together and wait to see if their Attorney tells them that someone filed legal action.

TimB4 (Tennessee)
Posts: 21,061

Posted:

I'm sorry, I posted in the wrong thread.

TamaraG7 (Florida)
Posts: 35

Posted:

Quote:

Posted By ArtB1 on 07/28/2024 8:07 PM
I was hoping that someone from that particular HOA was on the forum

I recently sat with two board members from that association at a manager meeting last month; was discussing it with a fellow manager & the two BOD members announced that they were from that association and they were not going to comply with the new law. Not one to argue as they were adamant about the truck parking; next thing you know, it's on our local news.

LoriM15 (Florida)
Posts: 1,009

Posted:

We aren't ignoring the law (we do have the "from time to time language"), but we are working with our attorney on the rules that we can still enforce. If you listen to the media, you would think that HOAs can't enforce any rules now, which is simply not true. We have been communicating to our owners that they need to be educated on the the changes and not just think that no rules apply anymore. I feel it's very important that the HOA project strength and not weakness. We are telling people that we can and will still enforce the rules when we can.

You can still do violations and fine for many things, but the owner has an "out" of the fine by solving the issue up to 30 days after a fine has been imposed. That's actually a good thing - we don't want their money, we want them to fix what's wrong.

One of the biggest issues is the parking. I'm hoping there will be some lawsuits that set precedent, because the legislature clearly did not think this out.

RichardC29 (Florida)
Posts: 37

Posted:

New laws 10/01/2024 on hoa you can park your truck in your drive way period ,the state got rid of work around language

KerryL1 (California)
Posts: 14,550

Posted:

I think you're doing exactly the right thing, Lori. There'll be. allot of incorrect rumors & gossip floating around the need to be stopped in thier tracks---if possible.,

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