Post by Admin on Apr 25, 2015 7:16:36 GMT -5
Here is a brief outline of what the DEO can and can't do when it receives an application for an HOA revitalization:
In fulfilling its role, it is looking at underlying "process" with regard to the elements of creating the revitalization process such as eligibility, proper submission of documents to be incorporated in a revitalized Declaration, timeliness of all steps in the process, legal sufficiency of the ballot, proper notice given to members, procedural conformance with SLohA original documents, voting thresholds met etc.
Based on its review, it will give SLohA a "go or a no". If "GO", a member has 21 days to submit a cH allenge and an administrative hearing will be scheduled. If NO, SLohA will have to decide to reattempt and fix a curable deficiency--or not if it is deemed ineligible.
Limited Role of DEO
As noted above, DEO's role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:
Extend the duration of homeowners association covenants that have not expired,
Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
Regulate homeowners associations,
Resolve complaints about homeowners associations, or
Provide legal advice.
As noted above, DEO's role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:
Extend the duration of homeowners association covenants that have not expired,
Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
Regulate homeowners associations,
Resolve complaints about homeowners associations, or
Provide legal advice.
Based on its review, it will give SLohA a "go or a no". If "GO", a member has 21 days to submit a cH allenge and an administrative hearing will be scheduled. If NO, SLohA will have to decide to reattempt and fix a curable deficiency--or not if it is deemed ineligible.