Compliance with Covenants

Florida - As a community with Covenants which have been in effect since 1988, this HOA Board has made its prime concern to enforce the covenants. For the most part, our 450 homeowners do comply with the covenants. But then you have the homeowners who honestly believe the covenants were written for everyone but them, or they believe the covenants are a "joke." This Florida board needs something to sink our teeth into giving us the power to fine them, or do something other than smack their hands. In short, we need to know how to "threaten" them and collect. We do aree that some of our covenants need re-writing, but until 2017 we have to comply.

Judy,
Are your sure? Reread your covenants, which probably states that the covenants are to be renewed in 2017. Under your Articles of Inc, there should be a procedure for amending the CC&Rs. It would be very rare to not allow changes. Unless explicitly stated that you may not amend, you can do it. Florida Statutes has the procedure on how to fine with its limits but that ability to fine within your association must be contained within your docs.

Judy,

There it is ready for you to make amendments to your governing docs.

"These covenants automatically renew for 10 years, unless by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part."

Do you know where to go to State Statutes 720 for the how tos? Your statement above says "it is agreed to change said covenants in whole or in part." You can by a vote of the majority of the lot owners. I'll post the Statute if you need it.

Donna: I am sitting here with 720.....give me a number and I will look up the how-tos.
I have been looking through a great book I have "The Law of Florida Homeowners Associations" and "Be Reasonable!" I will gladly accept your knowledge and help. Thanks.

Judy,
Absolutely NOT it does not void your covenant, the paragraph you read is concerning the Developers rights before he does turnover to the association. Since you have been in existance sine 1988, I am assuming that you have had your official turnover, therefore the Developer is long gone and your documents are your governing rules and laws.

Below is just a short paragrap which allows your association to amend any documents. Beware of the words---"UNLESS OTHERWISE PROVIDED IN THE GOVERNING DOCUMENTS" The State is telling you that IF your documents do not have required numbers or percentages, the States tells you to use their numbers.

720.306 Meetings of members; voting and election procedures; amendments.--

(1) QUORUM; AMENDMENTS.--

(b) Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.

There is more to this section but the above is what you need to know.