What Happens If You Don T Follow Hoa Rules

What Happens If You Don T Follow Hoa Rules – In Part 1 and Part 2 of this series, we learned what it means to live in a community of common interests in general and what documents are used to form a community, with a particular focus on the Housing Authority of HOA-controlled Communities (“HOAs”). ). “). In this Part 3, we will look at HOA rules and what can happen if these rules are not followed.

As mentioned in Part 2, the rules of any given HOA will vary from community to community, depending on the needs of that particular community. These rules are typically contained in a Community Statement (also known as a “CCR” or “Covenants and Restrictions”) and/or a document specifically titled “Rules and Regulations.” And the work of the community, including compliance with community rules, is supported by the collection of royalties, that is, HOA dues.

What Happens If You Don T Follow Hoa Rules

So what is the cost when you, thinking your HOA board is broken, decide not to follow the rules and pay your dues? Depending on how vigilant your HOA board is, the answer may be: a lot more than you think.

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The HOA is not a government agency. You are not “breaking the law,” per se, if you do not follow HOA rules or pay HOA dues. However, failure to comply with any of these requirements can have serious consequences, such as fines, bans on public facilities, and ultimately a lien placed on your home.

Chapter 720 of the Florida Statutes provides that if a member of an association is more than ninety (90) days late in paying any HOA dues or other financial obligations to the association, the association’s board of directors may suspend the member’s rights. use common areas and recreational facilities until the debt is repaid. this member. However, the fine may continue for each day of violation, provided that the fine does not exceed $1,000, unless otherwise specified in the governing documents of the association.[2]

Before a fine or suspension is imposed, the alleged offender has the right to be heard on the matter. The hearing will be conducted by a board-appointed committee of at least three (3) members who are not officers, directors or employees of the board of directors and are not materially related to any of them. A positive majority vote of this committee is required to impose a fine or disqualification. However, any suspension cannot include a restriction of the right to enter or leave the community.

Ultimately, if HOA fees or assessments are not paid long enough, the HOA may file to foreclose on the delinquent member’s home.[3] However, before filing a foreclosure, the HOA must follow a specific procedure outlined in Chapter 720 of the Florida Statutes. To begin, the HOA board must send the delinquent member what is called a “45-day notice.” The notice must be sent by certified mail and require payment of all amounts due to the association within forty-five (45) days. If the member does not pay the amount due within this time period, the association may file a “suit for foreclosure” with the appropriate recorder in the county where the property is located. After filing a foreclosure, the association can move forward by filing a foreclosure lawsuit. A qualified attorney should be consulted to ensure proper foreclosure procedures are followed.

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Ultimately, homeowners living in an HOA must carefully follow all rules set forth in the governing documents and the HOA, including paying all HOA fees on time. If you don’t like the rules, don’t ignore them. There are ways to change the rules. Simply ignoring the rules can be costly.

He is chairman of Dean Mead’s Government Relations and Lobbying Group. His practice focuses on public, administrative and real estate law. With a distinguished record of public service, he represents and advocates for a variety of public and private interests in the Florida Legislature and in the administrative departments and agencies of the State of Florida. Mr. Denver began his long career in Florida government in 1967 as the Director of Personnel for the Florida Legislature. He served as Pasco County district attorney and then served five terms as a member of the Florida House of Representatives. representatives. After leaving the Legislature, he served as general counsel and director of legislative affairs for Governor Bob Martinez and later served as general counsel for the Department of Financial Services. Mr. Denver served as chief of staff during the transition of the Martinez administration. to the administration of Governor Lawton Chiles, former chairman and two-term member of the Florida Ethics Commission. Mr. Dunbar currently serves on the Founding Committee for Common Law Accreditation and Development Planning of the Florida Bar. He can be reached at pdunbar@.

He is based in Dean Mead’s Viera/Melbourne office. He represents companies and developers in various aspects of commercial and residential real estate, leasing, financing, land use, title claims and growth management. By: Sarah Lee Keen By: Sarah Lee Keen Arrow Promoting the Right Insurance Sarah Lee Keen is an experienced marketing writer specializing in fintech, lending, lending, personal finance and banking. Her work has appeared in Fortune 500 companies, publications, and startups such as Transferwise, Discover, Quicken Loans, and KeyBank Sarah Lee Kane.

Edited by Bill McGuire Edited by Bill McGuire Former legal editor and senior editor of Mortgage Homes magazine, Bill McGuire has written and edited articles for major newspapers, magazines and websites for more than four decades. Bill McGuire

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