Sunday, October 20, 2019

Florida’s Feudal Kingdom Law

Feudal Kingdom - 10-18-19 Baypost Media














Tampa Bay, Fl 
Opinion by: E. Eugene Webb PhD
Author: In Search of Robin, So You Want to Blog.
Here is the bullshit definition of a Homeowners/Condominium Association:
A Home Owners Association (HOA) is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving, maintaining and enhancing their homes and property.
HOAs are really about legally allowing a small group of people to establish and operate what would be defined in medieval times as a feudal kingdom where everything you as a resident do is observed and controlled by the ruling hierarchy.
Investopeoia lists the pros and cons:
Pros
  • Set and enforce community rules
  • Protect property values
  • Provide services, amenities, and facilities
  • Offer self-governance
Cons
  • Set fees, dues, and assessments
  • Impose restrictive regulations
  • Operate inefficiently
  • Management amateurishly or ineptly
Here is a “legal definition: (USLegal.com)
A Home Owners Association (HOA) is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.
Example of a state statute defining Homeowners association.
9) "Homeowners' association" or "association" means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term "homeowners' association" does not include a community development district or other similar special taxing district created pursuant to statute.

From Investopedia:
A homeowners association (HOA) is an organization in a subdivision, planned community or 
condominium that makes and enforces rules for the properties and their residents. Those who purchase property within an HOA's jurisdiction automatically become members and are required to pay dues, known as HOA fees. Some associations can be very restrictive about what members can do with their properties.
If you live in Florida in a condominium or a community with a Homeowners’ Association, you may wonder where the authority for all of those laws and rules comes from.
Where does the condo Nazi get his/herauthority?hHowtcanHthisagroupsofr“Officers”fcontrolcyouroprivatepproperty?operty?
Over the next few weeks, I will be taking a look at HOAs and condo associations in Florida.
Millions of Florida residents are subject to the sometimes legal, sometimes illegal and almost always invasive impact of these state legalized entities that often have more power over residents in non-criminal matters than the Sheriff, the police department or your local county or municipal government. Example: The Sheriff cannot tell you how long your grass can be.
HOA/Condo law is a quagmire of laws, HOA/Cond Association declarations and rules.
There are some places to take your HOA/CONDO Association issues:
Tallahassee Office:
Office of the Condominium Ombudsman
2601 Blair Stone Road
Tallahassee, Fl 32399-1008
Phone: 850.922.7671
FAX: 850.488.3395
Ft. Lauderdale Office:
Office of the Condominium Ombudsman
1400 W. Commercial Boulevard, Suite 185-J
Ft. Lauderdale, FL 33309-3791
Phone: 954.202.3234
FAX: 954.202.3237
Spanish Inquiries: 954.202.3235
Don’t expect a lot.
Want to share your Condo or HOA Association story? Scroll down to the Comment section and have at it.
Afraid to comment?
I understand. That’s another thing HOAs and Condo Associations often take away from you - your first amendment right to free speech.
E-mail Doc at mail to: dr.gwebb@yahoo.com or send me a Facebook (E. Eugene Webb) Friend request. Like or share on Facebook and follow me on TWITTER  @DOC ON THE BAY.
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Disclosures:

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1 comment:

  1. Always enjoy your articles - especially because you are local and intelligent and on point.

    Can hardly wait for the rest of the HOA story. Am president of a Condo Board - mostly in self defense of my property rights - and eagerly await your comments as usual, which you can probably tell because I am often the first responder to your articles. Keep up the good work.

    One issue we are trying to clarify so that we can deal with it properly, is the current requirements for the use / and storage of a propane barbecue grill on our pool deck. we are struggling to get the latest information. Will send you some stuff I recently distributed concerning same.

    John

    ReplyDelete