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It is the opinion of the directors’ new attorney that a Covenant Revitalization isn’t needed. The exception given was known and it should be noted that an expiration isn’t the only way restrictions can be removed from a deed nor the only cause of a revitalization being needed. It might become an issue again in the future. Was that a fun 3.6 years or what?
Hopefully, now they will concentrate on bringing this HOA into compliance with the laws governing it, but don’t hold your breath.
Second Half 2024
There is an issue with the letter just sent to the members. No, not the part requesting the $50 lot fees for 2024 if you haven’t already paid them. All you deadbeats pay up or else. It’s the misleading statement about the revitalization attempt;
“The Board of Directors set out on a revitalization process to get our C&Rs back to a legal and enforceable state. This attempt failed due to an unclear understanding of the revitalization process.”
The response from the Florida Department of Economic Opportunity stated four reasons for the denial. Three of them are easy to fix but the fourth was due to considerably less than the majority of the property owners agreed to the revitalization. Since a revitalization can’t pass regardless of their level of understanding, just say it isn’t needed and they get to keep their dictatorship.
The following information isn’t a review of the 2024 Legislative changes but rather is intended to address only a few of the more interesting ones. Be aware that the directors and officers haven’t fully complied with the 2023 changes yet and that will have a profound effect on complying with some of the 2024 changes, assuming they plan to follow the law.
A few of the new provisions affecting this homeowners’ association:
- An HOA with 100 or more parcels must have a website, and the new law provides for the structure of the website and which documents must be posted
- An HOA must adopt written rules governing the method by which official records are to be retained and periods that such records must be retained. The law clarifies that most official records must be retained for at least seven years
- All newly elected/appointed board members must be certified and such certifications must be renewed at least every four years. In addition, the directors must complete four hours of continuing education annually
- Before October 1, 2024, all HOAs must provide a copy of the association’s covenants and rules to every member of the association
- All HOAs must adopt hurricane protection specifications for each structure or other improvement on a parcel governed by the association
Since the Covenant Revitalization is not going to happen, this section will be used to follow the Governing Documents (CC&R’s) which will require considerable changes to fix the mess they are in. It appears there are three people on the committee at this time. They are Karen McCarthy and Glenda Woodard, who voted to approve the current mess and the third member is Treasurer Helen Curtis. Encouraging news, right?
Something needs to be done soon or they might as well fall back into a do-nothing quasi-dictatorship. Be aware that at least two sections of the bylaws even violate the Charter and there are multiple State law violations. Can you spot the “unreasonable” rule that can’t be enforced and never has been?
You can view/download the current CC&Rs that are recorded with the State and County at the top of third quarter Misc page.
President Weaver is doing exciting things involving the Governing Documents. The apparent change in application is also interesting. At this point the members should pay the annual $50 lot fee and be careful not to violate County Code. Nothing else is being enforced at this time. The Board is trying to get a handle on the outstanding liens on member properties. You can bet they will put liens on any property that hasn’t paid this year’s fee by the due date. They are not in any position to levy fines so there isn’t much else to be concerned with at this time.
This section will keep tabs on the laws that effect this HOA and the rules the Board comes up with that members must follow (bylaws, etc.). They wasted no time writing rules for using the boat ramp and swim area and the areas are to be secured with locks and possibly cameras. The statutes state: Before October 1, 2024 all HOAs must provide a copy of the association’s covenants and rules to every member of the association. What are the odds the directors will comply with that statute?
Please read the post relating to Kaufman language. We have brought this up a few times in the past. It’s important that the owners are aware of it. So far, the Directors have not voted to add the language to the Governing Documents. It’s not likely President Weaver would want that wording added to his HOA documents and the rest of the directors go along with whatever the president wants, it’s been that way for decades. The Board obviously picks which statutes they want to follow anyway. Well, it’s more like they do whatever they want and if it doesn’t violate statutes, fine.
The August newsletter confirms our earlier posts about Governing Documents enforcement. Pay the annual lot fees, nothing else is being enforced.
The newsletter states; “A few people have complained about empty lots with trailers and junk storage on them. That is goes against county code and anyone can report those to code enforcement, they are the ones who can enforce such things. Not the association.” Seriously? They are stating those parts of the Governing Documents will no longer be enforced. Instead, they encourage the members to report their neighbors to the County rather than fulfill their obligation as directors. Anyone who has been around 10-15 years may see the pattern this HOA is projecting. The past is starting to repeat itself. Can someone point out any other Florida HOA or even a COA that does this? There’s much more to be reported on this Board's use of selective enforcement.
They hold numerous “coffee clutches” and “ice cream socials” (with dismal turnouts) but not a single governing documents committee meeting. If you look at it from their perspective, there’s no point to it anyway. The newsletter also states; “We have a wonderful new bulletin board for notices and such, that once it is weather proofed, it will be installed at the boat ramp.” At the boat ramp? Must be just for boating notices and the new rules for that property. They have until October 1st to conform to State Statutes regarding those new rules.
One last thing, the newsletter mentions a new web page (site?) should be up soon. They have four months (thru December 31, 2024) to get it up and in compliance with Florida Statutes. The website part is easy and inexpensive (~ $100/year) but the Directors and Officers will fall far short of full compliance with the law on content and function.
