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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111654
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We are an HOA incorporated in 1990 pursuant chapter 617. We

Customer Question

We are an HOA incorporated in 1990 pursuant chapter 617. We do not have common areas, we just pay assessment for cable, alarms and things like that. The declaration says "
This declaration may be amended by an instrument signed by the owners of 67% or more of the lots."
WE the owners got an instrument signed by 70%, but not in a meeting but going from house to house. Is this instrument legal enough to be recorded?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

Well it certainly would have been more appropriate for them to have held a meeting about this so that there could be discussion.

You should look at the entire declaration, rules, etc. to see if there is anything in there requiring such a meeting. The language that you provided to me would not require the meeting, only the signatures. But it does make sense to have a meeting, so it might be in there in another section.

I hope this helps,

Kim

Customer: replied 1 year ago.
There is not a place on the declaration that require a meeting, but my question has two aspects:
1) it is because the signatures are not notarized
2) is the chapter 720 applicable to our H.O.A since we do not have common areas?
Customer: replied 1 year ago.
this second point is because florida chapter 20, says that a meeting is necessary but we thing that chapter do not apply to us because we don't have common areas, and we was incorporated 10 years before the 720 exist.
Expert:  KimberlyLaw replied 1 year ago.

It will be hard for me to determine whether chapter 720 applies to your HOA without reading the entire documentation and the law in full.

I will opt out so you can try to get someone who is more familiar with it.

Best of luck,

Kim

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.

I am a DIFFERENT CONTRIBUTOR as your previous one had to leave.

First of all, even though you may have been incorporated under the non-profit chapter 617, under FL law the courts look at whether or not the conflict between your documents and the statute involves a “substantive” or “procedural” issue. If procedural, the current statute controls.

So, for any procedural issue in your bylaws, you are indeed under 720. How a vote is conducted is a procedural issue and it would have to be done pursuant to 720.

The fact you have no common area would not control whether or not you would fall under Chapter 720. The law defines a HOA as:

Homeownersassociation” or “association” means a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. The term “homeowners’ association” does not include a community development district or other similar special taxing district created pursuant to statute.

So it has nothing to do with you having common areas.

At the time of the signatures being obtained, if Ch. 720 was in effect and your bylaws did not say anything about meetings, then Ch. 720 would have been in effect and if they obtained signatures contrary to 720, then that could be a basis to invalidate anything signed.

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