They Cannot Lien. They Cannot Revitalize.

The new newsletter is out today and there was an interesting document on the front from the revitalization committee (who are also members of the board of directors).

There was one interesting line in the newsletter:

"We have no lien rights and are not empowered to take your home away from you."

This is extremely important because this is one of the requirements to be allowed to revitalize restrictions.

Florida Statute 712.01 defines a homeowners association as "an association of parcel owners which is authorized to enforce use restrictions that are imposed on the parcels," or as defined by Florida Statute 720.301.

Florida Statute 720.301 defines a homeowners association as "a Florida corporation responsible for the operation of a community or a mobile home subdivision in which the voting membership is made up of parcel owners or their agents, or a combination thereof, and in which membership is a mandatory condition of parcel ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel."

As the revitalization committee just admitted, they do not meet the legal definition of a homeowners association since they lack lien rights, meaning they cannot legally revitalize.

This means that what they are doing is illegal and they are opening up all those who sign up to thousands of dollars of liability.

Their lack of understanding is not surprising.  This letter also states that you received copies of the original restrictions (they failed to include the real original covenants mentioned on your deed that were filed in 1979) and in this very same newsletter they discuss the violation of the fiduciary duty of the previous board of directors and mention covenants and restrictions not being followed even though the covenants and restrictions no longer exist!

Protect yourself and your property by not returning the joinder and consent form and stop allowing this amateur group of homeowners from wasting your money and bring your property value down.

Also, their letter seems a very disingenuous.  The law does not get rid of the HOA.  It just gets rid of the covenants and restrictions.  Lime Tree Village Community Club Association, Inc. is a corporation that will continue to exist, as they have been.  They would be a voluntary organization (as they have always been in the past) and if you still want certain services, you could opt to join and receive such services. Those services may actually be cheaper if the association stopped wasting money on bad project management and attorneys.

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