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 Pro Your Own Question

Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24753
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
11688690
Type Your Real Estate Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

I live in an HOA in Vero Beach, Fl. If the Board members have

Customer Question

I live in an HOA in Vero Beach, Fl. If the Board members have a Rule but it isn't in the Deed Restrictions or by-laws, can that Rule be over-ruled with a petition signed by 50 or so residents objecting to that rule?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is Fred and I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.



Ok, how was this "rule" passed or enacted - any idea? Or just the Board made it.
Customer: replied 1 year ago.

The Board made it. My driveway is not an eyesore w/ just the 1 side widened and it was widened 10 " as permitted to end of the house. It is NOT noticeable from the road. it is symmetrically appealing but these people have nothing better to do.


 

Expert:  Law Pro replied 1 year ago.
First, assuming that your board is granted appropriate rulemaking authority under the condominium documents they can make new rules or modify the rules. Rules adopted by the board must be “reasonable.”

Second, for the membership to change a rule - there needs to be a quorum of the membership to do that. So you need a majority of the members to modify or change or delete the board rule.

Third, one way to deal with a runaway board is to recall them and install a new board of directors. Any or all members of a board may be recalled by a majority of the voting interests at any time, for any reason. Both the Florida Condominium and HOA Acts make this process fairly easy — you can simply serve an agreement in writing, or a ballot, on the association, and they then have five days to hold a board meeting and recognize the recall. The recall agreement must list the replacement slate of directors, and if the recall isn’t certified by the board, it gets arbitrated. That is the biggest hammer that the law gives owners when dealing with board members that do not represent the interests of the association. Organize your neighbors, collect signatures and replace the board.



Fourth, the board has and obligation and duty to enforce the association covenants and deed restrictions. They cannot discriminatorily pursue some violations and not others. That is a breach of their fiduciary duties. That can and should get them removed.

So I would inform them that you want them to enforce all the covenants and deed restrictions OR that you are going to pursue their being ousted.


Your positive rating of my service benefits my ability to continue to assist you and others like you. Thank you.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
Law Pro
Law Pro
7581 Satisfied Customers
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.