Florida HOA question #2

[VaughnWW]

What is the name of your state? Florida


Regarding architectural change requests (ARCs) our covenants state that "all requests be submitted in writing and approved by the board of directors or by a committee of 3 or more members appointed by the board."

Despite this language the president thinks that he/she has the right to approve/refuse requests alone. This has been going on for years. Recently I became upset with some of the modifications i have seen and it revitalized my desire to set the record straight.

I know for a fact that no ARCs have ever been discussed at any meeting (i never miss one) thus there is no record of any vote by the board on ARCs so she cant say that it has occurred. Additionally state statute Chapter 720 says no votes can be cast secretly (except for election of officers) so she can't try that excuse.

I feel that this makes all ARCs (approved or not) that were decided this way completely illegal and that this continued practice makes it difficult if not extremely expensive to fix as well as creating alot of problems for the effected owners. I also fear that we could lose all recourse for correcting past modifications as well as preventing future undesireable modifications from being approved.

This is compounded by the lack of interest of most members (98 total).

What is the best way to make this board aware of the liabilities of the presidents conduct?

How could I proceed legally wihtout the risk of spending alot of my money? This seems so much like a breach of contract to me that the rules I expect to be enforced are not being enforced.

Thanks Vaughn

[Paddy Reagan]

First of all, understand that the governmental oversight and control of HOAs in Florida is not as intense as those for condominiums and co-ops. Still, one of the most important fuctions of the HOA is architectural control and there are ways to protect yourself those who ignore the rules of procedure.

First of all, consider this excerpt from F.S. 720.303(2):

Rules that regulate the use of parcels in the community may not be adopted, amended, or revoked at a board meeting unless a written meeting notice is provided to all members at least 14 days before the meeting, which notice includes a statement that changes to the rules regarding the use of parcels will be considered at the meeting. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

As a first step, ask the board to show you the minutes of the meetings in which approvals/disapprovals were voted upon. You have a right to see these records. Indeed, a fine can be assessed against the board if they refuse.

If they're unable (or unwilling) to produce the information, file a formal complaint with the Florida Department of Business and Professional Services. This will be most effective if several owners complain jointly. The DBPR investigation and findings should insure that procedures are followed in the future.

If specific cases exist in which reasonable changes were requested and denied because the board permitted its president to act unilaterally, you may wish to file a petition for mediation or arbitration. You can contact the DBPR directly for details. 850-487-1395.