DavidH11 (Florida)
Posts: 3
Posts: 3
Posted:
he new twist in florida now comes from my HOA.
The FS720.303 learly states that the roofs (co-join) are considered common ground.
Our HOA is a for profit type endeavor. ThE Managament company says after years of resposibility for the "repair or restoration " of the roofs tha this no longer applies to them.
However the new FS720.303 says the same as the old and signed into being by Govenor Crist recently.
I believe the Presiden of the Board is incorrect in his assumption !!
The portion in argument is the following direct from the new FS720.303 and reads
as follows:
"(1) POWERS AND DUTIES.--An association which operates a community as defined in s. 720.301, must be operated by an association that is a Florida corporation. After October 1, 1995, the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located. An association may operate more than one community. The officers and directors of an association have a fiduciary relationship to the members who are served by the association. The powers and duties of an association include those set forth in this chapter and, except as expressly limited or restricted in this chapter, those set forth in the governing documents. After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas; roof or structural components of a building, or other improvements for which the association is responsible; "
Any thoughts and/or comments?
Davidh11
The FS720.303 learly states that the roofs (co-join) are considered common ground.
Our HOA is a for profit type endeavor. ThE Managament company says after years of resposibility for the "repair or restoration " of the roofs tha this no longer applies to them.
However the new FS720.303 says the same as the old and signed into being by Govenor Crist recently.
I believe the Presiden of the Board is incorrect in his assumption !!
The portion in argument is the following direct from the new FS720.303 and reads
as follows:
"(1) POWERS AND DUTIES.--An association which operates a community as defined in s. 720.301, must be operated by an association that is a Florida corporation. After October 1, 1995, the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located. An association may operate more than one community. The officers and directors of an association have a fiduciary relationship to the members who are served by the association. The powers and duties of an association include those set forth in this chapter and, except as expressly limited or restricted in this chapter, those set forth in the governing documents. After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas; roof or structural components of a building, or other improvements for which the association is responsible; "
Any thoughts and/or comments?
Davidh11