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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10213
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I'm in FL and we are having issues with our POA. I've been

Customer Question

I'm in FL and we are having issues with our POA. I've been here since '99 but within the past few months our new CAM has convinced the board to make some major changes. Do these changes apply to me since I've been here for 17 years? Would I be grandfathered in?
JA: Have you talked to a lawyer yet?
Customer: No, not yet.
JA: Anything else you think the lawyer should know?
Customer: Our CAM has his license here in our community and with a Weichart Realty in Fort Myers. I think he only has his interest in mind.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about the changes in your Association.

Changes in governance will often bring changes to the way your property is managed and the way that you can enjoy your property. However, there are limitations on how the board can do so.

The Board is limited by the By-Laws and other governing documents (such as your CC&Rs). These documents can only be amended by a vote (usually a majority vote) of the membership (as set by the by-laws). This requires a specific number of owners (a quorum) to vote by a specific number of affirmative votes (majority or super majority) to change or amend these rules.

Your by laws will tell you exactly what your association requires.

There are other rules that the board can affect. These involve the day to day management of the Association. So the governing documents will tell the board what needs to be done, but the board has the responsibility of carrying this out.

The Board then can hire a manager.

The manager works for the association, but reports to the board.

The manager has no authority to make rules or changes, only to carry out instructions of the board.

Regarding "grandfathering" - grandfathering only works when a rule or amendment passes that specifically allows pre-existing non-conforming uses to continue until some specific date in the future. (For example, if a pet ordinance passes, that says no pets over 20 lbs, but allows anyone that has pets over 20 lbs to keep their current pets until those pets pass away or the owners sell or otherwise give them away, this is an example of a "grandfather clause". Not all rule changes have grandfather clauses, and most rules pass that require all owners to comply promptly.

An example of this would be an amendment to the CC&Rs saying "all lawns must be converted to low water landscapes" - this rule passed by a majority of the homeowners would be required to be implemented immediately.

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