Legal Question in Real Estate Law in Florida

Re: villas home owners association

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You did not really ask any question.

If you feel the Board is being arbitrary, then get together with the other members and elect new representatives to the Board. The Board is required to treat all members equally. To do otherwise is a breach of their fiduciary responsibilities to the members.

Scott R. Jay, Esq.

Re: villas home owners association

IMPORTANT: Please note that while the answer posted below to your question is being addressed by a licensed attorney and member in good standing with the Florida Bar, it does not constitute legal advice, and is not intended to establish an attorney-client relationship. It is an opinion based on the limited facts given, and does not necessarily contemplate or address all possible issues. In order to fully address your question, a licensed attorney must review all facts involved and have the opportunity to ask you further questions. The communication in this response is not covered by the attorney-client privilege and does not create any legal relationship with the responding attorney.

From the facts given, it sounds like your board members are selectively enforcing rules and may be violating their duties required under your association's bylaws. You can review these documents to determine how to go about electing new board members that will enforce the rules as they are written. You may also want to review your by-laws as an association and amend them in some fashion to prevent the conduct in the future. The procedures for taking either or both of these actions should be contained within your association documents, most likely the by-laws. Good luck.

Re: villas home owners association

(This is not intended as legal advice)

It appears you have a board that does not understand its responsiblities, or the law. Florida statutes require an open noticed meeting be held of whatever committee/board is making the final decision regarding the architectural design of an individual homeowner's lot. Your board is violating that law. Most boards seem to overlook that provision. (Some attorneys don't even realize it is there).

When a Board or individual board members violate that statute, then it becomes all the easier to selectively enforce the rules, and be arbitrary and capricious in doing so. Finally, HOA law has changed this year, making it even more difficult to be arbitrary.

I recommend consulting an attorney - some may not charge for an initial phone consultation.

Re: villas home owners association

Perhaps you would do well to have an attorney contact the board on your behalf with a written letter outlining the violations.

Is your home / homeowners association located in Michigan? If so, I could be of assistance. Please take a look at my website www.lawrefs.com as I do have a blog entry on homeowners associations. I can also be contacted at [email protected].