Could our HOA's Merger Be Illegal?

New to this board. Was a board President and member for 4 years. Not on the board now.

Our Florida- based Homeowners association consists of about 80 30-year-old homes in a "Phase I" that was merged in 2002 to 80 new homes in "Phase 2". This merger, or addition, took place at a couple of board meetings in mid-2002, where the developer was present. The developer paid to amend our governing docs to add the 80 homesites in his new Phase 2. However, all of this took place in non-public, dare I say "secret" board meetings, without the approval of the majority of the Phase I homeowners.

Is this merger/addition of the 80+ homes in Phase 2 illegal? I have searched Florida statutes up and down and am not able to pinpoint anything specific. If any of you are experts on this, with florida statutes in mind, can you advise? Florida HOA statutes are found here:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/ch0720.htm

Any sound advice would be appreciated.

Thanks in advance.

I'm not in Florida, but our covenants do the same thing, Mary.

Our development was built in 10 phases.

Each new phase was "merged" (annexed) via developer paperwork once the phase had the lots divided up and all the plans drawn for city/zoning approval.

Each phase also has a new set of covenants drafted, but they all "merge" with the original ones.

Ours looks like this:

ARTICLE I - PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS

Section 1. Existing Property. The real property which is subject to this Declaration is located in XXXXXXX County, Kentucky and is more particularly described as follows:

BEING PART OF the same property acquired by Developer by Deed dated XXXXX, 1996, recorded in the office of the clerk of XXXX County, Kentucky, in Deed Book XXXX, Page XXXX.

Section 2. Additions to Existing Property. Additional residential property and common areas may become subject to this Declaration, or may be annexed to the real property subject to this Declaration, as follows:

(a) Additions in Accordance with a General Plan of Development, Developer intends to make this property a subdivision to be developed in accordance with current plans and known as XXXXXXX (XXXXX). Additional land described in instrument recorded in Deed Book XXXX, Page XXXX, in the office of the XXXXXX, including certain common properties which may contain recreational facilities.

Developer reserves the right to create cross easements and to restrict all of the properties according to the terms of this Declaration. The common area initially covered by this Declaration shall inure to the benefit of the owners of any new lots within XXXXXX, which may become subject to this Declaration or a similar set of Deed Restrictions, and of lots recorded earlier, each to enjoy the common area of the other and to have and to hold the same as if each new lot had been developed and subject to this Declaration simultaneously.

All additions shall be made by filing with the Office of the Clerk of XXXX County, Kentucky, a Supplementary Declaration of Covenants, Conditions and Restrictions with respect to the additional property, which shall extend the scheme of the covenants and restrictions of the Declaration to such property. The Supplementary Declaration may contain additions and may be necessary to reflect the different character, if any, of the added properties and as such are not inconsistent with the scheme of this Declaration.

(b) Other Additions. Additional residential property and common areas which are not presently a part of the general plan of development of XXXXX, may be annexed to XXXXX by Developer.

**************

The members of the association do not need to approve or even be aware of any additions or annexations.

JP,
You also need to scour the County Building or city records and see how the original development was permitted. I think you said a PUD. Someone in the courthouse of planning office or assessors or somehwere there should be records how how any changes were made. The advise about your documents is sound, my SC documents also address this absorption (sic) of additional units. I think mine (condo) say we can absorb more units but we can't be absorbed (something like that) In any event this all requires owners approval by vote and it is a very high percentage. I would also expect the developer may have something registered at the courthouse that allows him to, after the fact, add to your community. Which if true, bears legl scrutiny. This clause or whatever may be time limiting., but I bet he has got that changed.