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Old 03-31-2020, 06:26 AM
 
10 posts, read 5,019 times
Reputation: 17

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There is no state agency that can ENFORCE state laws on a Home Owner Association. The simple fact is this. UNLESS YOU HAVE TENS OF THOUSANDS OF DOLLARS AT YOUR DISPOSAL TO SUE ANY HOA IN FLORIDA NOTHING WILL HAPPEN TO THEM EVEN IF THEY ARE CRIMINALLY LIABLE. So if the “click” of the Board of Directors in your HOA bully you, violate your rights or whatever the only thing you can do is sue them. If you do not have enough money then you are SOL. Our US Constitution makes government accountable to the people.. THAT IS NOT THE FACT WHEN IT COMES TO AN HOA. HOME OWNER ASSOCIATIONS ARE GODS IN FLORIDA AND THE STATE CANNOT ENFORCE STATE LAW ON THEM. IF YOU COME TO FLORIDA DO NOT BUY INTO ANY PLACE WITH AN HOA. I have lived in Florida for 16 years and have never seen or met anyone that says they like there HOA. Most of the elderly residents of my community stay clear of our HOA and do not even go to the HOA meetings.
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Old 03-31-2020, 07:00 AM
 
Location: Venice, FL
11,679 posts, read 3,469,646 times
Reputation: 7396
The best way to beat them, is to replace them. I've done it twice before. Its heavy lifting, but it can be done.

Job #1 is to convince members to attend the meetings, or at least sign a proxy.

#2 Create a short & concise agenda of no more than 3 action items, and how change would benefit the majority.

#3 spread the word, and create a list of your supporters so you can keep tem informed...occasionally.

#4 find others who will run for Board seats to gain a majority in a single election so it doesnt drag out year after year.

#5 take all emotions out of it.

Good luck!
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Old 03-31-2020, 07:15 AM
 
Location: Lakewood Ranch, FL
5,636 posts, read 9,206,684 times
Reputation: 6841
I agree with “Beach” but I will also tell you that I like both associations I live under now, I liked my last association before these, and no association can bother you if you follow the rules you should have known existed when you purchased or leased your property.
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Old 03-31-2020, 08:05 AM
 
6,522 posts, read 5,222,006 times
Reputation: 8060
Many associations can bother people about rules, even if followed, because many rules come down to being subjective and open to interpretation, and on top of that, unequal enforcement. This is not a new issue nor one only in Florida.
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Old 03-31-2020, 10:01 AM
 
Location: Venice, FL
11,679 posts, read 3,469,646 times
Reputation: 7396
Quote:
Originally Posted by bbronston View Post
I agree with “Beach” but I will also tell you that I like both associations I live under now, I liked my last association before these, and no association can bother you if you follow the rules you should have known existed when you purchased or leased your property.
As a former HOA President, I had to deal with that constantly. I have nothing but bad memories of having to do that job for 2 long years. People going off on me for gently enforcing the rules was the worst. If I hadn't moved to Florida, and sold that place, I'd still be running that HOA...so glad I'm not.

I'm always cautious of people to lobby really hard to get onto the Board. It seems they are always the ones who have a hidden agenda that bends the rules in their favor, or who want to change ("update") the rules.

My campaign slogan was: "I do NOT want to do this. I'll only do it, if nobody else is willing, or able to...and I get help from at least 2 others who are willing to share the workolad."

Unfortunately, that turned out to be a winning campaign slogan

W/in 2 weeks, 1 other Board member was diagnosed with bad cancer, & the other sold their unit for cash and was gone in a flash. NOBODY else stepped up, so I was President, VP, and Treasuer for almost 2 years.

I never got so much as a thanks from anyone.
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Old 04-12-2020, 04:22 PM
 
Location: Florida -
9,862 posts, read 12,403,721 times
Reputation: 20501
I get weary of hearing people whine about volunteer HOA board who enforce established rules and covenants (the same ones owner's agreed to when they bought-in). HOA Boards (Florida) cannot arbitrarily change the bylaws without a majority vote of members. If owners in an HOA want to get rid of board members, they can vote them out with a majority vote at any time!

My experience on numerous boards has been that the biggest problem is with owners who do not read the docs and regulations ... and are then outraged to find-out the rules also apply to them! The second problem group is those who complain about everything, yet never bother to attend a board meeting or vote when the opportunity arises.
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Old 04-12-2020, 05:22 PM
 
Location: Sarasota/ Bradenton - University Pkwy area
3,703 posts, read 5,367,698 times
Reputation: 3824
The HOA/deed restrictions vs no HOA/deed restrictions has been argued in multiple threads over the years on many forums.

HOA boards are generally made up of volunteers from the neighborhoods who are elected at an annual association meeting. Their main "job" is to enforce the recorded covenants / deed restrictions of the neighborhoods, following the by-laws in doing so. Having served on a HOA board in the past for a multitude of years, it is often a thankless job that takes up more time than you thought it would, dealing often with residents who think their homes are their private castles and to hell with the deed restrictions that all homeowners are obliged to follow by purchasing in that particular subdivision. To me it seems more problems arise out of the enforcement of the deed restrictions vs the actual HOA board itself being abusive or incompetent (not to say that cannot happen....).

Some people hate deed restrictions, they feel they restrict what they can do with their property. Others like deed restrictions because they do give an overall standard for the subdivision that all homeowners must maintain, thereby keeping up the property values as a whole. Homes in deed restricted communities tend to sell for higher prices than homes in neighborhoods without deed restrictions.

The alternative to deed restrictions is to buy in a non deed restricted neighborhood, which is governed by county or city property standards. We have people moving to my area of SW Florida from literally all over the US and quite a few other countries. As a result, people have quite the diversity of lifestyles, which is often reflected in the exterior of their homes and lawns.

Yes, you can park an RV or boat on your driveway. But so can your neighbors, who may have an older RV or boat that has seen better days. Your neighbors can store junk in their carports, string laundry on back yard clothes lines, leave cheap plastic play toys all over the front lawn. You can get creative in your choice of paint colors for your home. So can your neighbors. In Sarasota I have seen purple, pink, school bus yellow, red, orange, bright blue and multi-color paint schemes on homes. There was one home in my previous non deed restricted neighborhood that had a different color for each side of the home (he was making a point with the next door neighbor who complained about his car project in the carport).

Unless the governing entity has ordinances covering parking on front lawns, you can turn your front lawn into a parking lot if you wish.

Do not assume the beautiful street of well kept homes you see today will stay that way in the future in a non deed restricted neighborhood - the potential is always there that one of the neighboring homes will change ownership and the new neighbor has different points of view than yours on lifestyles.

That is why people should carefully weigh the positives/ negatives of deed restricted vs non deed restricted and decide which will work best for their individual situation.


Many of the newer neighborhoods will have 30 pages or more of deed restrictions. Most will require you to get permission before making any changes to the exterior of your home and/or landscaping. Most will have restrictions on what you can and cannot place in your yard, restrictions regarding parking, etc. I cannot stress enough how important it is to get a copy of the deed restrictions BEFORE you make an offer on a home in a deed restricted community and read them carefully. If there are rules that don't mesh with your lifestyle, then don't buy in that community -- find one that better matches your needs and wants.


There are a multitude of neighborhood options for everyone's needs. Having lived in a non deed restricted neighborhood for 20+ years, then a deed restricted neighborhood for 15 years, I can see the pros and cons of both sides of this argument.

One size certainly does not fit all.
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Old 04-12-2020, 06:41 PM
 
2,287 posts, read 2,467,930 times
Reputation: 3924
Quote:
Originally Posted by beach43ofus View Post
As a former HOA President, I had to deal with that constantly. I have nothing but bad memories of having to do that job for 2 long years. People going off on me for gently enforcing the rules was the worst. If I hadn't moved to Florida, and sold that place, I'd still be running that HOA...so glad I'm not.

I'm always cautious of people to lobby really hard to get onto the Board. It seems they are always the ones who have a hidden agenda that bends the rules in their favor, or who want to change ("update") the rules.

My campaign slogan was: "I do NOT want to do this. I'll only do it, if nobody else is willing, or able to...and I get help from at least 2 others who are willing to share the workolad."

Unfortunately, that turned out to be a winning campaign slogan

W/in 2 weeks, 1 other Board member was diagnosed with bad cancer, & the other sold their unit for cash and was gone in a flash. NOBODY else stepped up, so I was President, VP, and Treasuer for almost 2 years.

I never got so much as a thanks from anyone.
As a current board president everything you said is so true. I will be 4 years in June and I'd love to pass it on, but no one wants to do the job, so I have been reelected with the same slogan.
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Old 04-12-2020, 06:44 PM
 
2,287 posts, read 2,467,930 times
Reputation: 3924
Quote:
Originally Posted by jghorton View Post
I get weary of hearing people whine about volunteer HOA board who enforce established rules and covenants (the same ones owner's agreed to when they bought-in). HOA Boards (Florida) cannot arbitrarily change the bylaws without a majority vote of members. If owners in an HOA want to get rid of board members, they can vote them out with a majority vote at any time!

My experience on numerous boards has been that the biggest problem is with owners who do not read the docs and regulations ... and are then outraged to find-out the rules also apply to them! The second problem group is those who complain about everything, yet never bother to attend a board meeting or vote when the opportunity arises.
Spoken like someone who has been there. Biggest problem is homeowners who either never read the rules, then when they get a violation they decide they don't like the rules or those that just think the rules don't apply to them because they're special.
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Old 04-12-2020, 06:48 PM
 
Location: Lakewood Ranch, FL
5,636 posts, read 9,206,684 times
Reputation: 6841
Exactly right, and arguing that one situation is better than another is to miss the entire point that both appeal to different people. God bless America...we have choices!
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