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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5647
Experience:  28 years of experience in general practice, real estate law and estate law.
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Can a board of directors, change our gated coomunity, to a

Customer Question

Can a board of directors, change our gated coomunity, to a guest pass open community
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
The board must follow the governing documents of your HOA. As a general amendments are permitted as set out in your bylaws. The bylaws would set out the required voting for any amendments.
Is this a condominium community, townhouse or single family homes?
Do you have a copy of your governing documents?
Customer: replied 1 year ago.
single family
Expert:  Attyadvisor replied 1 year ago.
Do you have a copy of the governing documents that you can attach?
Customer: replied 1 year ago.
Not now, would have to find
Expert:  Attyadvisor replied 1 year ago.
When you find them you can check to make sure that they are following the law.
Florida Statutes Chapter 720 governs HOAs in Florida. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
720.306 Meetings of members; voting and election procedures; amendments. sets out the requirements for amending the bylaws.
720.306 Meetings of members; voting and election procedures; amendments.—
(1) QUORUM; AMENDMENTS.—
(a) Unless a lower number is ***** in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. A meeting of the members must be held at a location that is accessible to a physically handicapped person if requested by a physically handicapped person who has a right to attend the meeting.
(b) Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association. Within 30 days after recording an amendment to the governing documents, the association shall provide copies of the amendment to the members. However, if a copy of the proposed amendment is provided to the members before they vote on the amendment and the proposed amendment is not changed before the vote, the association, in lieu of providing a copy of the amendment, may provide notice to the members that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment and that a copy of the amendment is available at no charge to the member upon written request to the association. The copies and notice described in this paragraph may be provided electronically to those owners who previously consented to receive notice electronically.
(c) Unless otherwise provided in the governing documents as originally recorded or permitted by this chapter or chapter 617, an amendment may not materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the proportion or percentage by which a parcel shares in the common expenses of the association unless the record parcel owner and all record owners of liens on the parcels join in the execution of the amendment. For purposes of this section, a change in quorum requirements is not an alteration of voting interests. The merger or consolidation of one or more associations under a plan of merger or consolidation under part I of chapter 607 or chapter 617 is not a material or adverse alteration of the proportionate voting interest appurtenant to a parcel.
(d) The Legislature finds that the procurement of mortgagee consent to amendments that do not affect the rights or interests of mortgagees is an unreasonable and substantial logistical and financial burden on the parcel owners and that there is a compelling state interest in enabling the members of an association to approve amendments to the association’s governing documents through legal means. Accordingly, and notwithstanding any provision of this paragraph to the contrary:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html
So first the Board needs a quorum to be present and can only amend your bylaws if they receive an affirmative vote by 2/3 of the voting members/owners. So if over half of the owners are opposed to this amendment and the vote reflects the opposition the board would not be able to amend the bylaws to allow “a guest pass open community”
So the answer to your question is no the board cannot do this unless the voting owner's agree by a 2/3 affirmative vote.
The Florida Department of Business and Professional Regulation can assist owners with HOA disputes. You can contact them at http://www.myfloridalicense.com/dbpr/lsc/LSCMHContactDivision.html
Let me know what you find in your bylaws.
Some associations have the bylaws available on line. What is the name of the HOA?
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to see if the information I provided was helpful?
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