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I am a board member on an HOA manufactured home community in…

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I am a board member...
I am a board member on an HOA manufactured home community in Florida.

We have a resident saying that the $42 lifetime dues required for voting in HOA elections violates the Constitution...Sort of like a poll tax. What is the law or non-law on this issue?

Thanks...Arthur
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 1 hour by:
4/1/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,056
Experience: Attorney and Real Estate broker -- Retired
Verified

Under s. 720.303 F.S., there are a half dozen subsections whereby the HOA membership are legally entitled to vote: director recall, budget, agenda items, etc.

 

A voting fee would clearly impair these statutory rights, therefore the fee is almost certainly unlawful.

 

This isn't a constitutional issue -- it's just statutory law. There's no necessity to resort to any fundamental rights theory.

 

Hope this helps.

 

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