Tag Archives: Florida

Legislative fix for FL condo takeovers?

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guest blog by Deborah Goonan

In 2007, Florida passed a law that has been dubbed “Eminent Domain for Condos.” The law allows for 80% of voting interests to approve a plan to terminate the condo association for the purposes of redevelopment, as long as no more than 10% of voting interests object to the plan.

At the time the law was passed, the stated intent was to make it easier for owners of hurricane damaged or functionally obsolete condos to sell their ailing building to investors who would then redevelop on valuable land.

This is a preview of Legislative fix for FL condo takeovers?. Read the full post (926 words, estimated 3:42 mins reading time)

Update: Osceola delegation denies HOA residents’ third request to make Poinciana a city

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guest blog by Deborah Goonan

A few months ago I blogged about a very large Florida HOA with over 45,000 residents, and the fact that a homeowner’s group (PINCHOS) has been trying for three years to incorporate as a city. In all, Poinciana has nearly 60,000 residents. Under the latest proposal, roughly 47,000 live within boundaries that were to create a new municipality.

News reports indicate that Osceola County Legislative Delegation vote was split 2-2, along party lines on the matter, with two representatives not present at the time the vote was taken. A Department of Revenue report, based on a feasibility study, has concluded that Poinciana meets the financial requirements of a city, and stands to take in millions in revenue if it incorporates as a municipality.

This is a preview of Update: Osceola delegation denies HOA residents’ third request to make Poinciana a city. Read the full post (390 words, estimated 1:34 mins reading time)

Owner wants to know how to get rid of HOA

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guest blog by Deborah Goonan

An owner in Parkview HOA in Brownsville, TX was recently interviewed by KRGV television. He explains that several years ago their HOA “fizzled out” but then a new management company suddenly appeared on the scene, looking to collect assessments. But the HOA has a $46,000 deficit, and many owners are not paying their dues or paying attention to the HOA, despite collection letters tacking on a $250 attorney fee for delinquent account owners.

This is a preview of Owner wants to know how to get rid of HOA. Read the full post (328 words, estimated 1:19 mins reading time)

You’re A Brave Man, Greg Chumbley!

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You’d think that a prospective homeowner would be allowed to see the community financials when he’s buying a home, especially if it’s in the neighborhood covenants and ingrained in state law. But as I’ve long said, most HOA boards feel they’re above the law. And usually they’re right. Challenge them and they’ll take you to the cleaners.

That’s what’s happening in a developing story in Florida. The Village Walk of Naples has 850 homes behind its private gates. It employs eight people including the ‘town manager.’

This is a preview of You’re A Brave Man, Greg Chumbley!. Read the full post (298 words, estimated 1:12 mins reading time)

CAI Law Firms Fight Back

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CAI lawyers in Florida (and most likely elsewhere) are whining about one of the few court decisions that ever favored a homeowner against an HOA. It’s a case where the homeowner wrote a check for $840 with the notation, “in full and final satisfaction (of disputed amount).” The homeowner included a letter with the same basic language.

The HOA attorney instructed his clients to cash the check, but only apply part of it toward the original disputed amount. An Appellate Court has now ruled that since the check was cashed, the HOA cannot go after the $38,000 in additional fees it claimed was owed by the homeowner.

This is a preview of CAI Law Firms Fight Back. Read the full post (354 words, estimated 1:25 mins reading time)

guest blog by Deborah Goonan

guest blog by Deborah Goonan

guest blog by Deborah Goonan

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