What is the name of your state (only U.S. law)? Florida
We are about to move into a house in an area that has I guess what would be described as an inactive HOA (Homeowners Association). It was explained to us how the HOA lost its right to enforce the covenants / rules and cannot require that the HOA fee be paid. However, they are trying to get the HOA reinstated. From my understanding, it will take a majority vote (over half) to do that.
My first question is if we were to add something to our house or the yard that may not be approved by the HOA while the HOA is inactive and unable to enforce the rules, if the HOA were to later be reinstated, could the HOA then demand that we remove what was added? For example, if the HOA would not allow a privacy type fence and instead only would allow a chain link type fence, if we were to put up a privacy fence while the HOA is inactive, if the HOA later got reinstated, could the HOA demand that we remove the privacy fence?
My second question is about the voting process to reinstate the HOA. Is there a minimum number of the homeowners that are affected by the HOA that have to vote before the votes would be considered valid? For example, if there are 400 lots/houses affected by the HOA and if all 400 did not vote, how many of the 400 would have to vote for the vote to be counted as valid?
We are about to move into a house in an area that has I guess what would be described as an inactive HOA (Homeowners Association). It was explained to us how the HOA lost its right to enforce the covenants / rules and cannot require that the HOA fee be paid. However, they are trying to get the HOA reinstated. From my understanding, it will take a majority vote (over half) to do that.
My first question is if we were to add something to our house or the yard that may not be approved by the HOA while the HOA is inactive and unable to enforce the rules, if the HOA were to later be reinstated, could the HOA then demand that we remove what was added? For example, if the HOA would not allow a privacy type fence and instead only would allow a chain link type fence, if we were to put up a privacy fence while the HOA is inactive, if the HOA later got reinstated, could the HOA demand that we remove the privacy fence?
My second question is about the voting process to reinstate the HOA. Is there a minimum number of the homeowners that are affected by the HOA that have to vote before the votes would be considered valid? For example, if there are 400 lots/houses affected by the HOA and if all 400 did not vote, how many of the 400 would have to vote for the vote to be counted as valid?
