HOA says "Part-time residents may not leave security shutter down."

[wjj]

Originally Posted by jghorton

Generally speaking, to change the condo docs in Florida requires majority approval of the owners. Perhaps they could institute this type of 'rule' apart from the docs, but, I'm not sure how it would be enforceable.

They are in an HOA and not a condo. The rules are different, sometimes very different (FS 718 for condos and FS 720 for HOAs).

[Sweetbottoms]

Originally Posted by Vesuvius

In a neighborhood of both year-round and part-time residents. The community is gated at the entrance, and is partially walled or fenced. There are townhouses and modest size single-family homes. The homes do not back up close to each other, only water or woods, and a good distance from community clubhouse, playground, and pool. Nice spacing throughout.

Some houses have a roll-down hurricane/security shutter installed on the back lanai covered porch alcove where the sliding door is located. They average 8 feet on the townhouses, up to 10-12 feet on the singles. Most of the lanais are screened with pool cages. The hurricane/security screens are fairly unobtrusive, hardly noticeable unless you're right on the homeowners' property. All shutters were installed with HOA Board approval.

There were a couple of break-ins, and a car stolen a few years ago which inspired some neighbors to install security systems, and these shutters. Of course, they are very convenient during hurricanes too, instead of wrestling with large panels.

Many residents close the shutter every night, and open it during the day. Some close the shutter while traveling, as we do, and others close the shutter when they go back to their primary homes in the spring.
We spend summers up north at our lakehouse, and to see the kids & grandkids. We have always had the shutter closed while we're gone.

NOW ~ this HOA board has decided that they don't like the part-time homeowners leaving this single hurricane/security shutter down in their absense. They are trying to institute a rule that states part-time residents may not leave the shutter down while they are not in the home (which seems unfair to single them out), and includes people away from their homes for a long period of time.

I've never heard of an HOA trying to place a rule like this. I've seen these shutters kept down during the off-season throughout Naples for YEARS. We sold our older home of 12 years (where we kept our shutter down in the summer), to move into this newer neighborhood a few years ago. We had great people on our old HOA board who never mentioned a rule like this. They still don't, as told to us by friends on that board who we still visit in that neighborhood. (Actually, I mentioned this proposal to them, and they think it's stupid!)

I understand that, according to the Florida state law, ALL hurricane shutters need to be removed from the windows 7-10 days after a hurricane has passed. We all make sure that's done.

Since we're only talking about one shutter on the back porch, which is used for not only weather, but security, does the HOA have the legal right to create and enforce such a rule? They're threatening violations and fines if this passes.

Or, is there a Florida state / Collier county law anywhere that states an HOA cannot interfere with a homeowner's right to secure their property?

Thank you for any information you can provide!

HOA's have tons of power in Collier. Ours implemented kids could only play outside between the hours of 4 and 6 and not the the streets near cars and not on the open green lawns.. figure that one out..What they say goes. I was so happy to leave our HOA. Every week the president would walk around with a clip board looking on the porches of the owners to make sure they were following all the rules. It was always something... HOA'S can have your home foreclosed.. they can certainly tell you not to put shutters up

[markjames68]

Originally Posted by Sweetbottoms

HOA's have tons of power in Collier. Ours implemented kids could only play outside between the hours of 4 and 6 and not the the streets near cars and not on the open green lawns.. figure that one out..What they say goes. I was so happy to leave our HOA. Every week the president would walk around with a clip board looking on the porches of the owners to make sure they were following all the rules. It was always something... HOA'S can have your home foreclosed.. they can certainly tell you not to put shutters up

Limiting children’s play time is illegal. If other residents were allowed to walk on the lawn then they cannot restrict access by age. This breaks federal fair housing laws. Same if they didn’t allow kids in the pool, or only during certain times.

The fact that you didn’t want to do anything about it is understandable, especially as you weren’t an owner, but the law is the law. Many HOAs have been successfully sued and penalized because they overreached in this area.

The sole exception is for designated 55+ communities. They are allowed by law to discriminate.

[jghorton]

Originally Posted by wjj

They are in an HOA and not a condo. The rules are different, sometimes very different (FS 718 for condos and FS 720 for HOAs).

Both have HOA's and legally binding Condo Docs or CC&R's - While rules in either can be amended or modified, I do not believe that CC&R (much like Condo Docs) requirements can simply be added to without a home/condo-owner consent via majority vote.

Otherwise, as you point out, general rules, responsibilities and common-area upkeep provisions between Condo and neighborhood HOA's often differ.

[wjj]

Originally Posted by jghorton

Both have HOA's and legally binding Condo Docs or CC&R's - While rules in either can be amended or modified, I do not believe that CC&R (much like Condo Docs) requirements can simply be added to without a home/condo-owner consent via majority vote.

Actually they can. Depends on the Declaration and the authority granted to the Board. It will be different from Declaration to Declaration.

[bbtondo]

Sweetbottoms:


I hear you're returning to the Naples area. Why the change of heart?

[Sweetbottoms]

Originally Posted by bbtondo

Sweetbottoms:


I hear you're returning to the Naples area. Why the change of heart?

No, we're not.. we had some family issues and were broken into here.. We were pretty pissed.... we're moving across town to a much nicer area.. Looks are a bit deceiving here cause we are in a nice area but down the road is less than nice and I think we're getting some spill over. Several murders including a horrible one that killed a 19 year old girl. We did think for a hot minute about moving back but after seeing pictures from friends not too long ago of everyone hot and red, kids sweating and whiny in most of them we came to our sense. Plus just looking at the rental/house market.. absurd.. no reason for those prices. I'm lookin at 5 bedroom fully upgraded home here for what I'd get for a 1 bedroom condo there.. No thanks..

We honestly love a lot of things around here.. just not being broken into and the crime of some of our surrounding towns .... We'll probably never return to Naples. (except for our vacation this week that we've shortened because we just don't want to be there).We'd be more apt to move further north than south again. Depending on what position my husband eventually ends up with at his company we could even have to go to PA.. but we're talking a really good while down the road. Not even on the radar right now.

Not gonna lie we had a rough go of it the first few months, our daughter had bad homesickness (and we did too if I'm being honest) which made us second guess our decision, and a family death in Naples that we thought would cause us to have to become primary caretakers of a disabled family member.. thankfully my hubs was able to fly down and we've gotten in home assistance. Now that that's no longer an issue its settling down and Charlotte is feeling like home. We are looking forward to buying a home here in the next year when we move to the new place in July.

Plus my kid would now kill me if we pulled her away from season change.. As you can see from her screaming face she's been having the time of her life.

[bbtondo]

Sorry to hijack the thread, but thanks for the update Sweetbottoms! Good luck!