Legal Question in Disability Law in Florida

I am a homeowner and member of a HOA for 13 years.

For the life of the HOA (28 years) the HOA insurance was collected annually. In May 2009 the board of the HOA association collected $1,200 from each homeowner for 2009 - 2010 insurance. They then increased the monthly fee from $160.00 per month to $280.00 per month claiming that $100.00 of this was for insurance.

The CCR�S say that they can only increase the fee by 20% in any one year unless they get a vote of two thirds of homeowners. The increase is 75%. They refused a petition signed by over 20% of homeowners to have a vote on this increase. I requested a copy of the record of the legal advice that they got in relation to this increase. The reply said that no legal advice was sought.

We have refused to pay the $100.00 stating that we had already paid our insurance in full for 2009-2010 and the 75% increase is a violation of the CCR�S. The board are threatening us with legal action, interest, and penalties, and the damaging of our credit.

Florida Statute 720 (720.305) clearly states the board must comply with the CCR�S and that a member can have redress in law if they violate the CCR�S.

We would like an attorney to represent us by:

(1) confirming the our conclusions above are correct and

by initially writing to the board asking them to desist from threatening us because they are in violation of the CCR�S resulting from the 75% increase.

1 Answer from Attorneys

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