Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Can a board of directors, change our gated coomunity, to a

Customer Question
guest pass open community...
Can a board of directors, change our gated coomunity, to a guest pass open community
Submitted: 2 years ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Customer reply replied 2 years 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.
Answered in 3 minutes by:
6/22/2015
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,424
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
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?
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
single family
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
Do you have a copy of the governing documents that you can attach?
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Not now, would have to find
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years 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?
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
I wanted to follow up with you to see if the information I provided was helpful?
If my answer was helpful to you please rate my service positively so I may receive credit for my work.
Please let me know. Thank you for using JA!
Ask Your Own Real Estate Law Question
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,424
7,424 Satisfied Customers
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
We were wondering if a small condominium association can run
We were wondering if a small condominium association can run with 3 board members instead of 5 as no one wants to be on the board. Our bi-law guides lines say 5 but we thought we could change it by a … read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
Can an HOA prevent an owner from renting their Townhouse to
Can an HOA prevent an owner from renting their Townhouse to someone with a criminal record?Does the HOA have the right to require that Owner's check & provide a criminal background on a potential rent… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I live in a townhome/condominium in Houston with a
Hi, I live in a townhome/condominium in Houston with a Homeowners Association, and the back fence on our building of 8 homes came down with the winds during Hurricane Harvey. Four of the homes had a 1… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
The Board of my townhouse association meets without notice
The Board of my townhouse association meets without notice to the residents and has been making non-emergency spending decisions by email without the residents knowing. Is this legal under Minnesota l… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We live in a townhouse ( of a condominium association) on
We live in a townhouse (pat of a condominium association) on the Windward side of Oahu in Hawaii. When we bought our townhouse in 1995, there were many trees in the front and back of our unit. Over th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I own a condominium. The HOA board has decided without our
I own a condominium. The HOA board has decided without our permission to to close the only road in or out of the complex to finish resurfacing the road. In the past it has been done by doing one half … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
In Florida when a condominium association allows a special
In Florida when a condominium association allows a special assessment to be paid in installments which involve an interest charge do the terms of the loan have to be disclosed? Please provide the appl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I am an owner at a townhouse HOA and pay the monthly
Hello, I am an owner at a townhouse HOA and pay the monthly $268/fee. Would I have the right as an owner to request from the HOA board information regarding vendor contracts (Trash Remove, Property Ma… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Does Maryland Condominium Law require that the HOA be
Does Maryland Condominium Law require that the HOA be compassionate in how it enforces Architectural Standards. We have a homeowner with cancer that install an awning so that they could sit outside on… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
I live in a townhouse with a HOA. I feed a community cat
I live in a townhouse with a HOA. I feed a community cat outside in my gated patio area and the HOA has told me I can't or they will fine me $100 per day. I have lived in the house 30 years and there … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
How do I find out about what my Condominium Association is
How do I find out about what my Condominium Association is responsible for when it comes to pipes leaking from ceiling and behind the walls of my mother's condo unit … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
This is in Memphis TN. A condominium association is about to
This is in Memphis TN. A condominium association is about to close the pool in the facility. 1. Pool has been closed for several years, not sure how long 5 plus or minus years. This has been done by t… read more
Attorney 1
Attorney 1
2,571 satisfied customers
I live in a townhouse, HOA is managing the area. The issue
hi, I live in a townhouse, HOA is managing the area. The issue is that the floor in the living room and the hall is "sinking" (a slope at the edge of the wall. WHo is responsible for the repair? … read more
Attyadvisor
Attyadvisor
Attorney
7,424 satisfied customers
Can condominium associations prevent you from installing a
can condominium associations prevent you from installing a permanent generator? If the homeowner has a medical letter from their doctor? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In delaware can a hoa charge the owner of a townhouse a fee
In delaware can a hoa charge the owner of a townhouse a fee to rent the townhouse to people … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x