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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24869
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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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: 3 years ago.
Category: Real Estate Law
Expert:  Law Pro replied 3 years 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 3 years 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 3 years 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.


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