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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111492
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We have a new HOA just turned over from the developer. We

Customer Question

We have a new HOA just turned over from the developer. We appear to have a lone ranger President who wants to dictate to the board and committees what they will do.
I am the chairperson for the ARC. We have designed guidelines for the community, send them to the board for review and made some suggested changes. I would like to send them out to the community for review and community input. I am being told that I can not send anything out until the board states that everything in the guidelines is totally acceptable by them.
Does the Community have the right to have input to the ARC? Does the ARC have to make changes before the guidelines are sent out.
I am totally aware the BOD has the final say and can make changes before it is adopted, but are they allowed to dictate what to put in it before it can go to the Community?
Thank You,
Richard xxxxx
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is a common issue with many HOA and why so many people run away from them.
Under FL law, the HOA is primarily run by their bylaws and CC&R, those are the "laws" of the association. If the bylaws do not crown the president "king" then the board of directors needs to step up and use the bylaws to stop the president from trying to dictate to everyone else.
The community, under FL law, does not have a right to input until the board agrees that the guidelines are what they want them to be. Actually, it should be the community members who have the final say after the ARC and the BOD work on the guidelines, as the members should (unless the bylaws say otherwise) have the right to vote to pass the final bylaws/rules and guidelines.