Legal Question in Real Estate Law in Florida

Enforcement of Homeowners Rules and Regulations

My elderly parents have purchased a villa.These are 3 units per building with 38 homeowners and a few of the units rented out.The community is governed by a self-governed homeowners association. When the property management company turned the association duties over to the owners,a married,female owner became president of the association.Since holding this position for the past few months,several questionable acts have occurred-a screened lanai erected on a common area connected to their dwelling,request to raise dues,etc.How does one go about removing a person from this position if not enough homeowners show at the next meeting to get a majority vote? Would the homeowners require the assistance of an attorney to remove them if there is no one else willing to hold title of president of the HO assoc.? And lastly, who do these homeowners associations turn to in cases such as this to enforce the rules and guidelines of the HO association?


Asked on 2/11/98, 10:19 pm

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Enforcement of Homeowners Rules and Regulations in Fla.

How does one go about removing a person from this position if not enough homeowners show at the next meeting to get a majority vote?

You can circulate a written recall petition if the HOA documents allow it. The majority controls.

Would the homeowners require the assistance of an attorney to remove them if there is no one else willing to hold title of president of the HO assoc.?

The court would have to appoint a paid individual if no one else would be willing to serve.

And lastly, who do these homeowners associations turn to in cases such as this to enforce the rules and guidelines of the HO association?

Try the Fla. Dept. Of Condominiums and Land Sales (or whatever is their correct title) in Tally. They can give you guidence. If they can't/won't help, then contact a knowledgeable attorney for help.

I am licensed only in Fla. and the Federal Courts and answer questions only from/re. Florida connected inquiries.

Nothing can substitute for a personal conference with an attorney and you are strongly encouraged to call/consult with one.

By answering your question I am not agreeing to represent you and do not intend to create an atty./client relationship. I accept no responsibility for errors or problems arising from the answers I give. PROCEED AT YOUR OWN RISK!

Read more
Answered on 2/13/98, 9:18 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida