BillT3 (Florida)
Posts: 1
Posts: 1
Posted:
In Florida, can a HOA that has voluntary membership change to Mandatory and assess members?
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Changing from voluntary to mandatory
Started by BillT3 • 8 replies • 3338 views
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KevinK7 (Florida)
Posts: 1,343
Posts: 1,343
Posted:
From what I understand, yes, but it requires the written consent of all owners.
Here is a what I had found on another website:
"If the association is voluntary -- and that clearly seems to be the case -- it's not regulated by FS 720 (sometimes called the HOA Act), meaning that FS 720.306 doesn't apply. To make a voluntary association mandatory it takes the written agreement of all deeded owners. Only then FS 720 comes into play."
There are several court cases that require unanimous consent in order to change governing documents in regards to membership and assessments.
Here is a what I had found on another website:
"If the association is voluntary -- and that clearly seems to be the case -- it's not regulated by FS 720 (sometimes called the HOA Act), meaning that FS 720.306 doesn't apply. To make a voluntary association mandatory it takes the written agreement of all deeded owners. Only then FS 720 comes into play."
There are several court cases that require unanimous consent in order to change governing documents in regards to membership and assessments.
HL (Florida)
Posts: 3
Posts: 3
Posted:
The board changed uor HOA from VOLUNTARY to MANDATORY by filing an amended bylaw authorized by an annual meeting vote with no notice of the mandatory change.
Do I understand that FL 720 does not apply to VOLUNTARY HOAs ? Can a HOA that has some owner/lots that did not join covenants are they swept into a change to no notice mandatory ?
Do I understand that FL 720 does not apply to VOLUNTARY HOAs ? Can a HOA that has some owner/lots that did not join covenants are they swept into a change to no notice mandatory ?
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Bill,
I don't believe this is an issue addressed by many, if any, state laws. From what I've seen and heard, in most instances it must be settled in a court of law. I don't know if there is case law in FL, or if it is addressed in FL HOA statutes. If neither, then it most likely will have to go to court where a determination will be made as to the vote % required. IMO, it should be a 100% vote requirement to change from voluntary to mandatory. What usually happens, in a nutshell, is that a change to the CCRs is made by a majority vote (or another % that is less than 100%) of the property owners. The BOD informs ALL property owners they are now members of a mandatory HOA and subject to paying assessments. One or more property owners, who did not vote in favor of the change, rebel and take the BOD to court. A judge decides if a majority vote is OK or not. In the court cases that I've heard of, the judge ruled that a 100% vote was required.
I don't believe this is an issue addressed by many, if any, state laws. From what I've seen and heard, in most instances it must be settled in a court of law. I don't know if there is case law in FL, or if it is addressed in FL HOA statutes. If neither, then it most likely will have to go to court where a determination will be made as to the vote % required. IMO, it should be a 100% vote requirement to change from voluntary to mandatory. What usually happens, in a nutshell, is that a change to the CCRs is made by a majority vote (or another % that is less than 100%) of the property owners. The BOD informs ALL property owners they are now members of a mandatory HOA and subject to paying assessments. One or more property owners, who did not vote in favor of the change, rebel and take the BOD to court. A judge decides if a majority vote is OK or not. In the court cases that I've heard of, the judge ruled that a 100% vote was required.
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
In the situation Mary describes the ones that protest are usually exempt from joining the mandatory HOA as long as they own there. However when they sell the property it often then becomes part of the mandatory HOA.
Studies show that 5 out of 4 people have problems with fractions
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Glen,
The prop owners who vote against changing to a mandatory HOA are not always exempt from belonging. I've heard of many cases where the HOA considers ALL property owners as being members and have billed everyone for assessments. And this is why the court cases have come about.
The prop owners who vote against changing to a mandatory HOA are not always exempt from belonging. I've heard of many cases where the HOA considers ALL property owners as being members and have billed everyone for assessments. And this is why the court cases have come about.
HL (Florida)
Posts: 3
Posts: 3
Posted:
The question is not about paying assessments, no one has ever objected to that. It is a question of a FL HOA BOD acting to change the definition to mandatory and fall under FS 720 when it appears that as its 30 year voluntary status was under FS 617. All of the lot owners pay the assessments, vote at meetings BUT some (20%+/- own property that never joined a new set of covenants in the 80's after the original 70's era covenants were allowed to expire. Some joined the 80's covenants with exceptions and special specific conditions.
Can BOD eliminate certain deed restrictions that existed from the start of the developement but did not get enforced by a by-law change.
Can BOD eliminate certain deed restrictions that existed from the start of the developement but did not get enforced by a by-law change.
HL (Florida)
Posts: 3
Posts: 3
Posted:
Kevin can you post a link to the cases ?
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
HL,
I believe the CCRs would require to be amended to change from voluntary to mandatory, not the bylaws. Anyone who did not opt to join the mandatory HOA would not be obligated to any changes made to the CCRs or bylaws. They are only obligated to adhering to the original deed restrictions which are mandatory for each property whether there is an HOA to enforce them or not.
I believe the CCRs would require to be amended to change from voluntary to mandatory, not the bylaws. Anyone who did not opt to join the mandatory HOA would not be obligated to any changes made to the CCRs or bylaws. They are only obligated to adhering to the original deed restrictions which are mandatory for each property whether there is an HOA to enforce them or not.
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