KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
My brothers and I own and live in a house in a subdivision in Florida. Our subdivision is separated into 11 sections. Each section has its own covenants, but as recent as 3 years ago, the HOA has pushed to revise the covenants and restrictions. Opting for a more restrictive set of guidelines that they have coined the "Fair Share", their method for achieving enough ratifying votes for this new set of covenants to take is by going through each section and holding votes (as well as sending someone door to door for signatures).
Earlier this year, membership for all sections was listed at 40% but they have successfully passed these new C&Rs in a couple of the sections. Once a section had passed, their section had to follow the guidelines but their neighbors who didn't pass it did not. (A good example is that our home is part of one section while the house next to ours is in another).
Some of the changes made were eliminating the 100$ membership fee for the voluntary association but placing a mandatory 100$ maintenance fee on all homeowners. Membership was still optional but once you join, you are a permanent member. We were one of the "no" votes, but because our section passed these rules, we were now mandated into following these new C&Rs.
When we contacted the HOA's lawyers and asked them what specific laws did they use to give them authority, but they responded with a letter stating the "fairness" of what our HOA was doing as well as a statement telling us that they had tried cases like ours in court and were able to go after the home owner for all costs to the HOA.
The most recent newsletter from the HOA has now expanded on some of their guidelines, stating that rooms cannot be rented on the basis that they are single family homes and multiple non related individuals do not constitute a single family.
We do understand that the HOA has certain authorities that we must follow due to restrictions with our deed, but how can a homeowner know when a HOA is overstepping their boundaries. We have tried calling the lawyer but they do not respond to our calls and when we have called the president, he was very uncooperative in making information available and implied that we refused to look through information mailed to us (we are very obsessive and keep everything in a file and between). It seems that fighting them would be difficult monetarily since legal fees can amount rather quickly and the HOA's new C&Rsmandating fees (as well as the HOA now having authority to leverage its expenses on homeowners if seen fit).
Earlier this year, membership for all sections was listed at 40% but they have successfully passed these new C&Rs in a couple of the sections. Once a section had passed, their section had to follow the guidelines but their neighbors who didn't pass it did not. (A good example is that our home is part of one section while the house next to ours is in another).
Some of the changes made were eliminating the 100$ membership fee for the voluntary association but placing a mandatory 100$ maintenance fee on all homeowners. Membership was still optional but once you join, you are a permanent member. We were one of the "no" votes, but because our section passed these rules, we were now mandated into following these new C&Rs.
When we contacted the HOA's lawyers and asked them what specific laws did they use to give them authority, but they responded with a letter stating the "fairness" of what our HOA was doing as well as a statement telling us that they had tried cases like ours in court and were able to go after the home owner for all costs to the HOA.
The most recent newsletter from the HOA has now expanded on some of their guidelines, stating that rooms cannot be rented on the basis that they are single family homes and multiple non related individuals do not constitute a single family.
We do understand that the HOA has certain authorities that we must follow due to restrictions with our deed, but how can a homeowner know when a HOA is overstepping their boundaries. We have tried calling the lawyer but they do not respond to our calls and when we have called the president, he was very uncooperative in making information available and implied that we refused to look through information mailed to us (we are very obsessive and keep everything in a file and between). It seems that fighting them would be difficult monetarily since legal fees can amount rather quickly and the HOA's new C&Rsmandating fees (as well as the HOA now having authority to leverage its expenses on homeowners if seen fit).