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I have lived in a homeowners association in Florida. The HOA…

I have lived in...

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 residential section and for the last 13 - 15 years the HOA has maintained our lawns for the difference in money. Now a new Board member wants everyone to pay the same amount and eliminate the services. The services are not defined in the CC&R's. Can they just do this? Stop the services and make us take care of our own lawns after all of this time? It started with an agreement between the first management company and the developer but nothing defining the services was ever recorded.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

No as owners we don't know what to file and the HOA president just told us last night the services were going to end and everyone would pay the same amount to the HOA>

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Real Estate Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Ok

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of, besides he is also refusing to hold the annual meeting in November and says he will have one next year.

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Answered in 5 minutes by:
9/20/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,763
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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In all of these HOA, the board can make decisions for the association and daily operation of the association unless the bylaws or CC&R say otherwise. So, if the bylaws do not have anything requiring these services to be provided or a bylaw preventing the board from making these decisions, the only thing the owners can do is get together and introduce a bylaw change to force the board to continue the services. If the owners do not pass such a new bylaw, then yes the board can stop the services and make everyone pay the same amount.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,763
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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