Florida hoa transition

Started by KenW1 • 10 replies • 2142 views

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KenW1 (Florida)
Posts: 3

Posted:

F.S. 720 provides for mandatory transition of HOA control from developer to homeowners 90 days after 90% completion. In central Fl. we have a development of single family homes with monthly dues, construction completed in 2003 and the developer still hasn't turned over HOA control. How can we enforce this statute? Or am I interpreting this statute wrong?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Ken,

I took a look at the statute (720.307) and would say you are correct, transition should have occured long ago. Are you on the BOD or is it still made up entirely of developer's people? A letter should be written to the developer reminding him of this statute (include a copy in the letter) and asking for a meeting of the members for the purpose of electing a BOD. Make certain he turns over all the records as outlined in the statute.

KenW1 (Florida)
Posts: 3

Posted:

talked with the company that purchased the amenities from the original developer and he said it is not an hoa but a "resident advisory committee", and the monthly fees are "user fees" not amenity fees. Sure sounds like the same but guess the terminology makes a difference. Don't know where to go from here without costing a lot of money.

JohnM3 (Florida)
Posts: 288

Posted:

Contact the Florida Division of Condos, time shares and Mobile Homes. The quick way is go to myflorida .com and click the place labeled HOAs and Condos. You are looking to contact the Omnibudsmans Office I heard there is one in Ft Lauderdale your area is a unknown to me. Good Luck there is a bill before the state leg to empower a state police to take care of these nasty developers etc. Drop me a dime if you cant get any help from them folks also write a letter to state leg rubio he is on a rampage to legislate HOAs out of existance yes there are some bad ones yes but not every single one he has a axe to grind because are you ready they had a select comm last year and every member lives in a condo?
Yep they all hate condos good luck and remeber judge not yet ye be judged.

Jack Murphy

JohnM3 (Florida)
Posts: 288

Posted:

Did a little bit of research and here is the exact law covering your problem go to florida law.com and look it up for yourself

720.307 Transition of association control in a community

Jack Murphy

MaryA1 (Arizona)
Posts: 7,043

Posted:

Ken,

Perhaps this is a voluntary assn? If you want to use the facilities you must become a dues paying member. Ask to see the CCRs and also check out your title insurance papers. If there is a mandatory HOA that charges assessments it should be stated in the title ins papers at least.

MagdaS (Florida)
Posts: 32

Posted:

Jack Murphy,

The State Representatives name is Julio Robaina. Contact him or the Rep for your local area to give hime a hand in this endeavor.

MagdaS (Florida)
Posts: 32

Posted:

Sorry I sent the prior without finishing. I meant contact Mr. Robaina AND yor local Rep.

I would also suggest for you to check www.ccfj.net, Jan Bergeman, to get more info on the 720 issues. All HOs should get on the band wagon for this. It is our hides the developers are fleecing.

KenW1 (Florida)
Posts: 3

Posted:

Thanks for the great information and input. I agree, we are being fleeced. over the past 5 yrs or so we've been paying our monthly dues and the developer and later the company he sold of to have been pocketing the money after spending very little for repairs or improvements.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ken,
What I want to know is where is your Board. This was the Boards responsibility at tranistion, it is their responsibility now and you don't stand a chance unless you can present your association as a united fromt. preferable behind the Board but not necessarily.

It is not enough to know you are being fleeced.

SabM (Florida)
Posts: 1

Posted:

I agree that we HOs are being fleeced here in FL. They FL legis. created a monster -- I bought a home while the dubdivision is staill being built out -- now that the economy has stalled and some people have foreclosed, the Board wants to increase our fees but since they haven't sold 90% of the homes and probably won't for a couple of year, we the HOs don't have any say on their decision to raise fees or what time they hold their board meetings. They need to change the statute and make sure that we have a voice in proportion to how many homes have been sold at the least

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