I live in a homeowners association in Palm Beach County, Florida. On July 29, 2005, the Developer turned over the association to the residents. Prior to turning over the association, the developer executed an amendment to the documents regarding how the Master Board is to be selected. Many homeowners did not agree with the amendment and discovered that due to a conflict between this amendment and the Articles of Incorporation the amendment was invalid. When the developer learned of this, the developer promptly indicated that due to this conflict transition did not occur on July 29th and that they therefore had the right to correct the error and execute a proper amendment and then effect turnover on August 2, 2005.
Is it legal for a developer to reverse a legally executed transition just to correct an error that has nothing to do with transition? Is there precedent in Florida law for this?
Is it legal for a developer to reverse a legally executed transition just to correct an error that has nothing to do with transition? Is there precedent in Florida law for this?