The HOA Declaration of the Covenant states that “special valuations above $ 25,000 ($ 25,000.00) require the consent of a majority vote.
Members have the right to attend officially called special or annual member meetings and vote directly or on their behalf. Is the special evaluation covered in Chapter 720? If so, where? And what do you need if there is something in Chapter 720? Priority, our contract or Chapter 720?
The HOA Act, Chapter 720, Florida Statistics provides little guidance on special assessments (assessments outside the scope of regular budget assessments). Section 720.315, Fla. Stat. States that prior to the change, the developer-controlled board of directors cannot impose a special assessment without the approval of membership (a quorum majority is required). State of Emergency, Section 720.316, Fla. Stat. States that the Board has the authority to impose a special assessment without a membership vote, regardless of the declaration or other administrative documents, if the assessment corresponds to the damage caused by the event. If declared (this is clearly intended to be related to hurricane damage, but you can imagine situations that are also related to COVID emergencies, such as covering the lack of working capital associated with COVID. Funding an ongoing testing program in a very large HOA with many employees). The law also stipulates that meetings for which special assessments are considered must be mailed to members and parcel owners and posted on the property at least 14 days before the meeting. It’s virtually all the guidance it provides. The same applies to the condominium law, and there is almost no guidance. Generally speaking, the authority to specially evaluate an owner, and the restrictions on that authority, result in the administrative documents of each association.
Therefore, in your case, unless the evaluation under consideration can be directly linked to a state of emergency (and therefore does not fall under section 720.316), I think your declaration management provisions.
Generally speaking, an analysis of whether your governing document or legal control is a complex legal issue cannot be broadly answered. The Florida Constitution prohibits retroactively undermining substantive contractual rights as found in contract declarations, but the law also generally has statutory restrictions that are considered procedural in nature. I admit. So, for example, all condominiums must comply with the procedural election rules of the Condominium Act, even if their management documents specify different election procedures. However, in contrast, last year’s arbitrators said that the condominium law’s time-limited provisions are substantive, and unless the declaration is explicitly governed by the condominium law, the declaration is for pre-enactment condominiums. Has ruled that it should not be applied. It will be fixed from time to time. Not all lawyers agree with the interpretation, and it would be interesting to see if it would hold up in court if it was challenged.
We often refer to administrative documents and rules in columns. When I and others asked the board if there were any current governing documents, they didn’t seem to know where to find them. My question is where are they submitted and how can I get them?
Generally speaking, the governing document of a co-operative consists of a declaration of covenants or condominiums, articles of incorporation, bylaws, and rules and regulations usually promulgated by the board (cooperatives work a little differently). Note), there are usually the company’s articles of incorporation and proprietary leases that explain the rights of shareholders to use the unit). Declarations, articles of incorporation, and bylaws are most often recorded in the official records of the county in which the community is located (although the only very old community without articles of incorporation and bylaws is the declaration). With a little trial and error, anyone can download these documents from the county website. The rules and regulations passed by the board usually do not need to be recorded in the condominium and are only available to the board if they exist. HOA rules and regulations based on recent revisions to the HOA Act must be recorded in public records. However, under both Condominium and HOA laws, declarations, bylaws, articles and rules are official records and the association is obliged to keep and inspect copies of them. In fact, the Condominium Act is an association that explicitly maintains copies of declarations, bylaws, articles, and rules and makes them available to owners and prospective buyers at actual printing costs.
If the board needs a copy of the administration document, you can ask a lawyer for help.
Backer Aboud Poliakoff & Foelster, a partner of LLP, Ryan Poliakoff is a board-certified specialist in condominium and planning and development law. This column is dedicated to the memory of Gary Polyakov, a pioneer and tireless supporter of the neighborhood association’s legal industry and author of treatises, books and hundreds of articles. Ryan Poliakoff and Gary Poliakoff are co-authors of New Neighborhoods — The Consumer’s Guide to Condominium, Co-Op and HOA Living. Email your question to firstname.lastname@example.org. Be sure to include your location.
Special evaluation managed by association documents
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