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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40993
Experience:  Texas Attorney for 30 years dealing in real estate
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My Florida HOA recently passed a motion at a board meeting

Customer Question

My Florida HOA recently passed a motion at a board meeting to charge a monthly fee to park a second car. They say the money is used for extra security hours in the lot needed to manage the parking spaces. In the past, each unit was assigned a spot and the remaining spots were available to visitors, owners, or residents. Now, each unit is still assigned a spot; however, a monthly fee is assessed to park a second vehicle. The management company is now demanding these fees from owners and tenants. I feel like we are being asked to pay to use something we already own. Since the parking lot is a common / limited common element, is this legal?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

You would check the by-laws here.Unless the Board has the assigned power to amend the fees here, then a vote by the membership would be th eproper way to resolve this matter.Certainly you right to challenger whether this was done properly since a vote of membership was not taken.From what you present the by-laws have no such charge for parking so you may well be able to force this to a vote.

A vote by all members is the proper way to resolve the issue.Likely the board doesn't want to put it to a vote because it would fail. Stay after them here , you may be able to force a vote by the membership rather than the Board ramrodding this through.You have a valid point based on what you present.

I appreciate the chance to help you tonight.Thanks again and good luck here.

Expert:  Ray replied 1 year ago.

This is not governed by statute but rather the by laws here.