Summary
HOAs in Florida may attempt to bypass regulations by forming new organizations when covenants expire. Florida Statute 720 governs HOA powers, including assessments and member rights. If an HOA claims to be inactive, it might not be covered by this statute, but forming a new organization to enforce rules could be legally questionable. Legal actions include sending a cease and desist letter, gathering homeowner support, or filing a lawsuit. Documenting everything and consulting a real estate attorney is advisable. Club funds being redirected into the association budget using common areas may also raise legal concerns. Consider filing a complaint with the Florida Department of Business and Professional Regulation, citing specific violations of Florida Statute 720.303(2).Full Conversation
your my first step
It looks like your HOA is attempting to bypass regulations by creating a separate organization. This might be a complex issue involving HOA laws and property rights. Consider these points:
- Florida Statute * governs HOA powers.
- Expired covenants could limit authority.
- Forming a new organization might be a workaround.
Have you checked if other homeowners share your concerns?
yes
It sounds like your HOA is trying to navigate around certain legal restrictions by forming a new organization. Here are some points to consider:
- Florida Statute * regulates HOA powers and assessments.
- Expired covenants may limit their authority.
- Forming a new organization might be an attempt to continue enforcing rules.
Would you like more information on how to challenge this legally?
your telling me nothing I dont already know
Got it, sounds like you have a pretty good understanding of your situation. Since your HOA is trying to enforce rules and collect fees through a new organization, you might want to look into Florida Statute * and its implications. Would you like information on how to formally dispute this with the HOA or challenge it legally?
i know how to do that
It sounds like you have a good grasp of the situation. You might want to consider gathering support from other homeowners to strengthen your position. Additionally, you could look into Florida Statute * for any specific clauses that might help your case. Do you have any specific questions about the statute or processes involved?
your telling me nothing I dont already know, what part of the Statute are you referring to
Florida Statute *.*(*) might be particularly relevant to your case. It covers the powers and duties of the HOA, including the requirement for open meetings and the limits on assessments.
Is there a specific part of the statute that you are looking for more detailed information on?
they state they are a inactive HOA and not covered by Florida Statute *
If the HOA is inactive, they might not be covered by Florida Statute *. However, they still have to follow certain legal procedures:
- Inactive HOAs often lose the authority to enforce covenants or collect assessments.
- Forming a new organization to bypass these limitations could be legally questionable.
Have you considered discussing this issue with a real estate attorney for a detailed evaluation?
we stated this already , your the first step in researching
It seems like your HOA's actions are complex and may involve navigating around certain legal restrictions. Here are some points to consider:
- Florida Statute * governs HOA powers.
- Expired covenants limit HOA's authority.
- Forming a new organization might be a workaround.
Would you like information on specific legal actions you can take against this new organization?
yes,
Here are some legal actions you might consider:
- Cease and Desist Letter: Send a formal letter demanding the organization stop its actions.
- Petition: Gather support from other homeowners to challenge the organization's legitimacy.
- Legal Challenge: File a lawsuit questioning the validity of the new organization under property and contract law.
Have you consulted with other homeowners to gather support?
no one wants to get involed, as they fear acts of repriszel
You can consider the following steps:
- Document Everything: Gather all records and communications regarding the new organization.
- Consult an Attorney: Seek legal advice on how to proceed, especially with potential lawsuits and cease-and-desist letters.
- Anonymous Reporting: Report the issue to local authorities or the Florida Department of Business and Professional Regulation anonymously.
Would you like more information on finding a real estate attorney in your area?
doing research now by chatting with you before filing with Florida Department of Business and Professional Regulation
You seem well-prepared for your next steps. When filing with the Florida Department of Business and Professional Regulation, consider including:
- Detailed documentation of HOA's attempts to bypass regulations.
- Evidence of expired covenants.
- A clear statement of your concerns and how they violate Florida Statute *.
Would you like additional tips on how to structure your filing?
yes
When filing with the Florida Department of Business and Professional Regulation, consider these tips:
- Introduction: Briefly describe your HOA and the situation.
- Expired Covenants: Provide evidence and dates showing the covenants are expired.
- HOA Actions: Detail the formation of the new organization and its attempts to bypass regulations.
- Violations: Cite relevant Florida Statutes (e.g., *.*(*)) and explain how the HOA’s actions violate these statutes.
- Concerns: State the impact on homeowners and the potential legal concerns.
- Conclusion: Request specific actions or investigations by the Department.
Would you like an outline to help structure your filing?
*.*(*)) A,
To structure your filing with the Florida Department of Business and Professional Regulation, follow this outline:
~Outline for Filing Complaint
*. Introduction:
- Briefly describe your HOA and the situation.
*. Expired Covenants:
- Provide evidence and dates showing that the covenants are expired.
*. HOA Actions:
- Detail the formation of the new organization and its attempts to bypass regulations.
*. Violations:
- Cite relevant Florida Statutes, specifically *.*(*), and explain how the HOA’s actions violate these statutes.
*. Concerns:
- State the impact on homeowners and the potential legal concerns.
*. Conclusion:
- Request specific actions or investigations by the Department.
Would you like any more specific information or assistance with your complaint?
b
It sounds like you have a solid understanding of your situation and the necessary steps. Here is an outline to help structure your filing with the Florida Department of Business and Professional Regulation:
*. Introduction
- Brief overview of your HOA and the formation of the new organization.
*. Expired Covenants
- Provide evidence and dates showing the covenants are expired.
*. HOA Actions
- Detail the formation of the new organization and its attempts to bypass Florida Statute *.
*. Violations
- Cite Florida Statute *.*(*) regarding HOA powers and duties, and explain how the HOA’s actions violate these statutes.
*. Concerns
- State the impact on homeowners and the potential legal concerns.
*. Conclusion
- Request specific actions or investigations by the Department.
Would you like more details on any of these sections?
*.*(*), A,B,C,D,?
Florida Statute *.*(*) outlines the powers and duties of the HOA, focusing on board meetings and financial reporting. Here are the key points:
- *.*(*)(a): Regular meetings of the board must be open to all members.
- *.*(*)(b): Proper notice of meetings must be given to members.
- *.*(*)(c): Minutes of all meetings must be kept.
- *.*(*)(d): Budget and financial reports must be provided to members.
Do you need more specific guidance on any of these points?
WHAT PART OF *.* ?
Florida Statute *.* pertains to the powers and duties of homeowners' association (HOA) boards. It covers various aspects including board meetings, financial reporting, and access to records. Relevant sections include:
- *.*(*): Board meetings must be open to all members.
- *.*(*): Financial reporting requirements.
- *.*(*): Access to association records.
Would you like more detailed information on any specific subsection?
How do they? please spell it out *. Violations
- Cite Florida Statute *.*(*) regarding HOA powers and duties, and explain how the HOA’s actions violate these statutes.
Sure! Here's how to spell it out:
~Violation Explanation~
Violation:
- The HOA's actions violate Florida Statute *.*(*) regarding HOA powers and duties.
Florida Statute *.*(*):
- *.*(*)(a): Regular board meetings must be open to all members.
- *.*(*)(b): Proper notice of meetings must be given to members.
- *.*(*)(c): Minutes of all meetings must be kept.
- *.*(*)(d): Budget and financial reports must be provided to members.
Explanation of Violation:
- The formation of a new organization bypasses open meetings and proper notice requirements.
- Financial reporting and budget transparency may be compromised.
- Members' rights to access meeting minutes could be infringed.
Would you like further guidance on how to present this in your complaint?
they did have a open meeting , as only the board voted
It seems the issue lies not in the lack of meetings but potentially in how the new organization was formed and approved. Here are some additional points to consider for your complaint:
~Violation Explanation~
Violation:
- The HOA's actions might still violate Florida Statute *.*(*) regarding HOA powers and duties.
Florida Statute *.*(*):
- **.*(*)(a)*: Regular board meetings must be open to all members.
- **.*(*)(b)*: Proper notice of meetings must be given to members.
- **.*(*)(c)*: Minutes of all meetings must be kept.
- **.*(*)(d)*: Budget and financial reports must be provided to members.
Explanation of Violation:
- The formation of a new organization might bypass proper member involvement and approval.
- Financial transparency and proper notice requirements could be compromised.
- Members' rights to vote on significant changes might be infringed.
Would you like more detailed assistance on any specific part of your complaint?
this was voted by the board only not by all members
Since the board voted without involving all members, you might have a strong case. Here's how to structure your complaint:
Violation Explanation:
- Violation: The HOA's actions might violate Florida Statute *.*(*) regarding HOA powers and duties.
- Florida Statute *.*(*):
- *.*(*)(a): Regular board meetings must be open to all members.
- *.*(*)(b): Proper notice of meetings must be given to members.
- *.*(*)(c): Minutes of all meetings must be kept.
- *.*(*)(d): Budget and financial reports must be provided to members.
Explanation of Violation:
- The formation of a new organization was approved solely by the board, bypassing proper member approval and involvement.
- This could compromise financial transparency and proper notice requirements.
- Members' rights to vote on significant changes are potentially infringed.
Would you like more specific guidance on gathering evidence or presenting your case?
okay, good point, also club funds are going back into the association budget as the common areas are being used to generate revenue
It seems like you have a strong case. Here's how you could further structure your filing:
~Violation Explanation~
Violation:
- The HOA's actions might violate Florida Statute *.*(*) regarding HOA powers and duties.
Florida Statute *.*(*):
- **.*(*)(a)*: Regular board meetings must be open to all members.
- **.*(*)(b)*: Proper notice of meetings must be given to members.
- **.*(*)(c)*: Minutes of all meetings must be kept.
- **.*(*)(d)*: Budget and financial reports must be provided to members.
Explanation of Violation:
- The formation of a new organization was approved solely by the board, bypassing proper member approval and involvement.
- This could compromise financial transparency and proper notice requirements.
- Members' rights to vote on significant changes are potentially infringed.
- Club funds generated by common areas are being redirected into the association budget, which might not be legally permissible.
Would you like more specific guidance on gathering evidence or presenting your case?
Defense Commentary
Potential Defense Arguments
*. Board acted within statutory authority (FS *.*).
*. Proper notice and meeting procedures followed.
*. Financial transparency maintained through regular reports.
*. Member approval not required for organizational changes.
Possible Counterpoints
*. Board's actions aligned with association's bylaws.
*. Club formation benefited the community.
*. Members had opportunities for input.
Key Defense Strategies
*. Demonstrate compliance with statutes and bylaws.
*. Highlight benefits of the club formation.
*. Showcase transparency and member engagement.
Counselor's Advice
*. Review governing documents.
*. Gather evidence of notice and meetings.
*. Prepare clear, concise arguments.
Would you like:
*. Sample defense outline?
*. Consultation on counterpoints?
*. Guidance on evidence presentation?
It sounds like you have a well-structured argument. Considering your situation, you might want to:
- Document everything: Collect all the notices, meeting minutes, and financial reports.
- Identify Statutory Violations: Clearly outline how Florida Statute *.* is being violated.
- Highlight Financial Mismanagement: Show how club funds are being improperly redirected.
Would you like a sample defense outline to prepare for your next steps?
tes
Sure, here’s a sample defense outline to help you prepare for your next steps:
~Sample Defense Outline~
*. Introduction:
- Brief overview of the situation and the formation of the new organization.
*. Violation of Statutory Authority:
- Florida Statute *.*(*)(a): Regular board meetings must be open to all members.
- Florida Statute *.*(*)(b): Proper notice of meetings must be given to members.
- Florida Statute *.*(*)(c): Minutes of all meetings must be kept.
- Florida Statute *.*(*)(d): Budget and financial reports must be provided to members.
- Explain how the board's actions bypassed proper member approval and involvement.
*. Financial Mismanagement:
- Detail how club funds generated by common areas are being redirected into the association budget.
- Highlight the lack of transparency and potential misuse of funds.
*. Impact on Members:
- Outline how members' rights to vote on significant changes are potentially infringed.
- State the negative impact on homeowners and potential legal concerns.
*. Conclusion:
- Request specific actions or investigations by the Florida Department of Business and Professional Regulation.
- Ask for a review of the formation of the new organization and the use of funds.
Would you like more detailed guidance on gathering evidence or presenting your case?
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