Post by Admin on Jan 20, 2019 22:31:42 GMT -5
Better pay attention! If the over 55 question was ugly, this one is grotesque and can result in severe financial harm to owners. It should come with a special warning and that is what I am trying to do. If you want this kind of financial exposure hanging over your heads and your life, then you can't claim you didn't know. My post is geared toward harm reduction and that means not affirming this proposal. IMO, it would be financially safer to sell the house than assume the risk that this question brings.
The current covenant says that assessments will be collected to provide water, electricity and garbage disposal services and sewer services.
This has been DELETED from the proposed Question 7. Why is anyone's guess, but it is purposeful. Maybe this is in the works to be turned over to municipal services and you will be paying a separate sewer and water and garbage in the future. I don't know but it has been deleted with some kind of future vision.
The current covenant states the the levies on owners sH all be in accordance with the Bylaws.
This has been DELETED in the Question 7 and proposes that the Board of Directors levies the assessments. This effectively eliminates the control of the Bylaws, which require 2/3 membership to change, and transfers total control to 5 directors on the Board.
Why was this changed? It's anyone's guess but it is purposeful.
There was NOTHING inaccurate or wrong with the current covenant. These changes are material--not an update or corrective.
Now comes an ADDITIONAL assessment section 13.b in which the Board can charge, in addition to the new definition of assessments for common expenses, special assessments against all or one lot OWNERS.
The current covenant says that special assessments can only be levied for shortfalls in capital replacement of Association infrastructure. There is no authority in the covenants to levy an assessment for a large legal damages award, for instance. That restriction on Special Assessments has been DELETED.
What is proposed is very different from proportional costs and expenses equally apportioned among all lot owners for infrastructure replacement. This definition targets lot OWNERS' parcels, individually and collectively for a special assessments for any expense whatsoever, against all or some lots. It goes on to describe that any and all costs ie fines, legal fees incurred BEFORE, DURING OF AFTER LITIGATION or OTHER COSTS OF ENFORCEMENT of the Declaration, in addition to self help remedies to bring compliance, can be charged to owners collectively or individually.
Here is a worst case scenario. SLohA is sued on a HUD complaint by an owner and HUD awards fees and expenses against the HOA AND a 1 million dollar punitive award. So, the HOA, knowing that this kind of lawsuit is NOT covered by its insurance, levies a prorata special assessment on ALL owners since it is obvious that the single owners who prevailed does not have to pay it, by law. What is ONE MILLION + DOLLARS divided by 787? And, if not paid in 30 days, SLohA will lien and foreclose on your parcel. (keep reading...)
This is shocking and possibly illegal. Presently, FL statute states that minor fines cannot be turned into a lien against the parcel. Under the current covenant, Owners "debts" can be turned into a money judgement and the association can pursue collections like any third party debtor. This has been DELETED along with DUE PROCESS. Question 7 asks owners to give the Association authority to turn ALL costs, whether it is mowing an overgrown lawn or scuzzy driveway or a stump that needs painting INTO A LIEN against your parcel and start foreclosure if unpaid after 30 days.
Now comes an additional assessment in section 13c in which it is stated again that unpaid assessments that are unpaid longer than 30 days will be fined, you will pay interest and attorneys fees and be foreclosed on. Under the current covenant, there is no foreclosure authority. (This was admitted during discovery in a lawsuit against SLohA 2 years ago and the court document is filed on this forum.)
This subsection, hidden under a lot of legalese, gives the authority to foreclose on your home if you don't pay your assessment in 30 days. It will turn a $525 missed assessment into THOUSANDS of dollars to reverse the attorney costs of starting the foreclosure against your home. There will be no more collection efforts. No phone call. No letter. You agree that SLohA can immediately go to court if you are late and take your home away from you.
This will not turn out well. It will feed the revenue coffers of the attorneys, the management company, any paraprofessionals ie Stmbug Ixx CAM, pre-litigation, appeals, collection (What collection? None is provided for in this covenant), bankruptcy, arbitration and ALL levels of owner efforts to remedy or protest a 30 day delinquency. This will be required to apply to every owner equally; there can be no excuses or selective enforcement. Favoritism, selective enforcement or exceptions will be used as a defense by owners and S-bag will be ruled against and compelled to absorb their own and the owner's legal fees and any punitive awards. AND YOU will pay those!
God help you if you forget to send your check or a there is a death of an owner resulting in a disruption of income. If you understand the far-reaching implications of this Question, I don't see how any right-thinking person can affirm this.
