Definiton of Notice /Rule Change

Started by LindaC3 • 5 replies • 1663 views

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LindaC3 (Florida)
Posts: 526

Posted:

Good day group-- Another post for info definiton State of Florida
Our Declaration states that before a new rule may implemented it must be voted on by the Board- that's fine but it also goes on to state that a NOTICE MUST BE SENT 14 days prior to the meeting at which a new rule will be discussed and have a general statement as to what the context of the new rule will be- Our BYLAWS state that all notices must be sent UNITED STATES MAILS. Their spelling ,not mine. Our CAM (manager) says that the little newspaper they send to everyone serves as a NOTICE....I say no it does not as we are not required to READ this little newspaper (for lack of a better word) but yet they MAILED our proposed budget in accordance to the BYLAWS it also included our monthly bill and the final voted on and approved budget BY MAIL along with our monthly bill.Before I moved here for 10 years I would accumulate these newspaper and then gradually read them when time permitted - I did however ALWAYS read anything they inserted into our monthly billing which they mailed to us.What say ye all...Thanking you again for your input Linda

BrianB (California)
Posts: 2,820

Posted:

if the newsletter contained the rest of the required information (date and time of the meeting, place, subject of the upcoming rule/proposal, etc.), then it serves as notice.

the board is required to send notice, it is not required to make people take notice.

see the post today about the woman who received letters from the board and from an attorney, and ignored them all. The board did due diligence, they can't make people read.

JanM (Texas)
Posts: 142

Posted:

I agree with LindaC3. Our HOA also uses their monthly newspaper to give "notice". I think it is sneaky because the board KNOWS there is a lot of apathy in HOAs and most people won't read the newspaper. Its almost the same as not getting your CCR's and by-laws when you close on your home but you are supposed to know all the rules when you move in.

LindaC3 (Florida)
Posts: 526

Posted:

I spent a great deal of time last nite going on the web to clerk of courts sites here in florida and reading online the recorded Declarations of quite a few HOA's.....For the most part a great deal of them actually have in their Dec's that their defintion of notice will be--The Newsletter,mailed notices,and all things posted on the website (if they have one).Now to me that is definitive- It covers all bases leaves no room for doubt and the INTENT is meant...If a HOA has only recently started a newsletter and there is no written requirement that it will be a form of notice how can they then say "well ,that's our notice".......There's an implication that you will open and read your monthly statement and all NOTICES included,but no implication or requirement that you have to read the newsletters to stay abreast of goings on..IE someone has a tractor or dog or house for sale......the hunt commitee is having a bake sale etc....... Linda C

BrianB (California)
Posts: 2,820

Posted:

jan

if you did not receive a copy of your CC&R's before you finalized purchase of your home, you have a potential suit against someone.. title company, previous owner, realator, etc...

those are required to be provided by all states, i believe, as part of the buying process.

JanM (Texas)
Posts: 142

Posted:

Oh I did recieve a copy....from 1969! There have been several changes since then and I got a copy of the by-laws from the guard shack (I used to work security).

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