In order to terminate the inium structure, a membership vote is required. Per Fla. Stat. 718.117, to be successful, 80% membership approval of a written termination plan is required.
A inium termination refers to the legal process of dissolving a inium association and removing it from the inium form of ownership. This can occur for various reasons, such as economic infeasibility, substantial damage, or the strategic interests of investors or owners.
Chapter 720 of the Florida Statutes governs homeowners' associations (HOAs) in Florida. Unlike iniums or cooperatives, homeowners' associations typically govern single-family homes in a specific development or community.
Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
An HOA can be dissolved under certain conditions as stated in Florida's HOA regulations. The dissolution process requires a formal process outlined in the governing documents of the HOA or by state law if not specified. It often includes a vote by the members where a specific majority is needed to agree to dissolve.
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
The board may, without membership approval, levy a special assessment up to five percent (5%) of the current year's budgeted gross expenses, subject to certain requirements.
Starting January 1, 2024, the HOA fines associated with things like overgrown landscaping, parking violation, house alterations and more become clearer. "Sometimes it's a matter of lack of communication that happens in some HOAs,” he said. “And the intent of this bill is to make sure that that communication happens."
Texas law places limits on HOA power, including restrictions on their ability to prohibit certain types of construction like solar panels and rules against unreasonable fines or foreclosure practices. The exact limitations are outlined in state statutes, which are intended to protect homeowners' rights.
Because Texas is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.