Legal Question in Administrative Law in Florida

Home Owner's Association abusing their authority?

We live in Lakeland FL in a subdivision with 40 mobile homes only. The HOA just had a meeting and decided to keep the association (they had been inactive for almost 2 yrs ). We don't see any need to have this HOA because each person owns their home with land, there is nothing the HOA is responsible for paying in our subdivision. Street lights and garbage taxes are paid annualy in our own personal taxes, there is no gate, no watch person, etc. Road belongs to the county, so it also comes from our taxes. The HOA charges $25/yr from each home but I don't see anything being done. There is no need for this since each one is responsible for their own expenses, insurances, keeping their yards, etc, etc. Is there a legal/not so expensive way to dissolve this HOA? They are presently using some of this money to promote a Xmas decoration contest. This is NOT written in the HOA papers. Aren't they abusing their authority and wouldn't this be a good reason to end it all? No serious use of our money, so why keep it?


Asked on 12/20/07, 10:58 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Home Owner's Association abusing their authority?

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.

Of course there is a non expensive way to dissolve the HOA but the majority of the owners as set forth in the Declaration have to agree. Since the HOA "just had a meeting and decided to keep the association" it appears that you are in the minority. Frankly, at $25.00 per year the cost is minimal and it is less than belonging to most social clubs. Why not give the HOA a chance and try to work with the Board to make it an effective organization?

Scott R. Jay, Esq.

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Answered on 12/21/07, 11:17 am


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