When I bought my home this neighborhood was under construction and still under the management of the building company so there was no homeowners' association. The "Declaration of Covenants" with the state of Florida and the county under which I bought the home specifically stated:
"Section 1. "Association" shall mean and refer to any homeowners' association hereafter organized by the Owners of Lot, membership in which shall be voluntary," (my emphasis)

I don't want to join any homeowners' association and would not have bought a house in this neighborhood if there had been a mandatory HOA. One of the reasons I bought here was because I knew the HOA when it was formed would be voluntary.

Now we've got a homeowners' association and the new president of it -- who has seen the covenants including the section I just quoted -- is talking about lawyers and court saying she's going to make the homeowners' association mandatory instead of voluntary as the covenants state and force all of us to pay up and join.

The way I look at it, I had a legal agreement under which I bought this house. I don't see how she can get that changed, especially without my consent. Is that possible?

In my state (and I realize these laws and regulations do vary from state to state) the HOA went to court and had the covenants modified and signed by a judge and they became totally enforceable by the HOA. The main reason they did it was to obtain the authority to put liens on homes if it became necessary for collection of dues. If there are others against the HOA, maybe you can start a petition drive or other processes allowed under the current covenants or by-laws. Or maybe get enough people to hire a lawyer to fight it because based strictly on my experience it will be a complex, uphill battle. Your HOA will need considerable funds for legal fees which for us required a vote. If you have enough votes maybe it could be killed that way. But, no two states and local authorities have the same regulations, so this is just food for thought and investigation.

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Originally Posted by mealbr

... The "Declaration of Covenants"... specifically stated:
"Section 1. "Association" shall mean and refer to any homeowners' association hereafter organized by the Owners of Lot, membership in which shall be voluntary," (my emphasis)
...

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It appears to me that the builder screwed up by not creating the HOA before selling lots, and by providing for voluntary membership.

Membership is voluntary, and I think it follows that such an organization doesn't have authority to impose it's will upon non-members.

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720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.--

(1) POWERS AND DUTIES
...
After control of the association is obtained by members other than the developer, the association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters of common interest to the members, including, but not limited to, the common areas; roof or structural components of a building, or other improvements for which the association is responsible; mechanical, electrical, or plumbing elements serving an improvement or building for which the association is responsible; representations of the developer pertaining to any existing or proposed commonly used facility
...
An association of 15 or fewer parcel owners may enforce only the requirements of those deed restrictions established prior to the purchase of each parcel upon an affected parcel owner or owners.
... (emphisis added)

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Are there deed restrictions whiich the HOA could seek to enforce?

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Originally Posted by AK lawyer

It appears to me that the builder screwed up by not creating the HOA before selling lots, and by providing for voluntary membership.

Membership is voluntary, and I think it follows that such an organization doesn't have authority to impose it's will upon non-members.



Are there deed restrictions whiich the HOA could seek to enforce?

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There's a long list of "deed restrictions" included in that covenant in effect when I bought here which covers items like what type of fence can be put up to where garbage cans must be stored, even the size pet allowed (nothing over 40 pounds). I knew what they were when I bought here and I follow them. This issue isn't about wanting to put deed restrictions on the houses.

We have a common area which we used to have "work days" to maintain and I would volunteer for those work days. But now the association has hired a company to do the lawn upkeep which is going to cost money. I've offered to pay my share of that lawn fee which is a lot less than the association fees they want. But my offer's been turned down.

The street lights are automatically charged to every resident's power bill. (I say resident because if you are renter in this neighborhood, the charge is on the bill of the renter of the house, not the house owner's electric bill as the owner lives elsewhere.) For some reason the water bill for the sprinkler in the common area isn't being distributed to all the residents. I explained how the street lights are paid -- the new president wasn't aware of this -- and I said the same thing could probably be done with the water bill, but she refuses to consider this.

The new president's on a power trip; she's the type that everything has to be done her way. So she won't listen to any alternatives, but is bound and determined to find a way to force everyone to join and hand over that membership fee.

It's good to have an opinion from an attorney here in Florida that she might not be able to do this because, as I mentioned, she's going around talking about lawyers and going to court to get it changed.

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Originally Posted by smearcase

In my state (and I realize these laws and regulations do vary from state to state) the HOA went to court and had the covenants modified and signed by a judge and they became totally enforceable by the HOA. The main reason they did it was to obtain the authority to put liens on homes if it became necessary for collection of dues. If there are others against the HOA, maybe you can start a petition drive or other processes allowed under the current covenants or by-laws. Or maybe get enough people to hire a lawyer to fight it because based strictly on my experience it will be a complex, uphill battle. Your HOA will need considerable funds for legal fees which for us required a vote. If you have enough votes maybe it could be killed that way. But, no two states and local authorities have the same regulations, so this is just food for thought and investigation.

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Hmm, it's disconcerting to find out this has been done elsewhere. Hope it can't be done here. In addition to home owners who live here who don't want to join HOA, a large percentage of these houses are rentals and I doubt the actual owners want to join either -- especially, as if they succeed with this, I suspect the HOA's next step is going be to institute fines for anyone who doesn't follow the deed restrictions with the power to place liens to get those fines (as well as the association fees) and no owner is going to want to be liable for his renter not cutting the grass or whatever.

Thanks for telling me about your experience. As you said it's food for thought if this keeps progressing.

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Originally Posted by mealbr

...It's good to have an opinion from an attorney here in Florida that she might not be able to do this because, as I mentioned, she's going around talking about lawyers and going to court to get it changed.

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Just to let you know, I am an attorney, but not a Florida-licensed attorney. I just happen to be here at the moment.

According to the FL state statutes, you can't "Force" someone to join an association... If you have a voluntary one currently, you would need 100% agreement of all in the subdivision / development to be in a mandatory association. Even one hold out, makes the association strictly voluntary. No judge can sign an order requiring any home owner in a voluntary HOA to be part of a mandatory HOA -- that idea can only be realized with unanimous vote of all the owners in the development.

Many so-called mandatory HOAs haven't filed the appropriate paperwork, and intimidate the owners into paying dues, and assessments with the threat of liens and foreclosure -- when actually they have no legal right to do so == because they Aren't mandatory after all. Most homeowner's simply take it however, because it is expensive and tiresome to fight, and the laws are pretty broad, unless you hire attorney to work for you, you can easily be mowed over by over=zealous HOAs under the guise of being mandatory -- when in reality they are NOT.

So... unless you agree to join their association, they can't make you.

Hello meal:

I know this has been here for a couple months, but I thought I'd throw in my 2 cents...

Agreements can't be unilaterally changed after the fact... That means no matter how many lawyers she gets, she can't change what's already been agreed to.

excon