Legal Question in Civil Litigation in Florida
Homeowner Association
How do we determine if a legal precedent or de facto precedent exists with this scenario: HOA annual dues were established at the inception of our community in 2005 and have been collected and paid July - July ever since. This same July - July fiscal year period has been established in numerous estoppel letters from the previous board and in their written communication with the community. However, the community bylaws state that the association's fiscal year will be the calendar year. As the new association board we are planning to amend the existing bylaws to change the mention of a calendar year fiscal year to reflect the July-July fiscal year which has been utilized. However, we are currently in the position of collecting the annual dues we need to pay costly monthly expenses. Until we can get an official bylaws amendment in place, can we justify our continued use of the July-July fiscal year based on a legal or de facto precedent? If not, please provide information on any other legal justification we could use. Also, if ''General Civil Litigation'' is not the most appropriate area for this question, please refer this question to the proper area of law. Thanks for any responses!
2 Answers from Attorneys
Re: Homeowner Association
The answer to your question depends on the specific bylaws and other paperwork available and is not really one that can be answered via an internet bulletin board posting. Your board needs to consult a business and corporate lawyer. You will need to do so to makes changes to the bylaws and other corporate documentation, so might as well locate a good one now.
Re: Homeowner 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 can probably continue to use the fiscal year as has been established until your next meeting when you can pass an amendment. Your Association should meet with an attorney who specializes in Condominium and Homeowner Associations law to review your documents and who can then provide a more formal response.
Scott R. Jay, Esq.
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