How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110409
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am trying to resolve a dispute with my Homeowners association.

Resolved Question:

I am trying to resolve a dispute with my Homeowners association. Florida law states that an HOA must receive competitive bids before entering into any contract if the total expenditure exceeds 10 percent of the total annual budget. The HOA is not required to accept the lowest bidder, but competitive bids must be obtained.

In 2008, my HOA entered into a contract with a landscaper for an amount that is 2/3rds of our annual budget and did not solicit or obtain any competitive bids. The statute ( FL(NNN) NNN-NNNN) does have an exception as follows " A contract executed before October 1, 2004 and any renewal thereof, is not subject to the competitive bid requirements of this section."

The current landscape company has done all our work since approx. 2000. They sign a new contract every 2 to 3 years. The last new contract was signed in 2008. The contract made absolutely no reference to any previous or other contract. The new contract contains absolutely no language that it is a renewal of any previous contract. All the payment amounts, are different than any previous contract. In my opinion, it was a brand new contract and was in violation of the state law. The HOA is making the argument that since it was a renewal of a previous contract they did not have to get competitive bids.

Any opinion?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
The contract does not have to contain a clause that it is a renewal as long as the HOA can prove that this has been the same contractor since 2000 and it would still be considered a renewal because that is what it is. Just because the terms or prices of the contract may change, if it remains with the same contractor then it is still considered a renewal.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 2 other Business Law Specialists are ready to help you

Related Business Law Questions