Q: I live in a community with a Master Association (720 statutes). We have a sub condominium association (718 statutes). The MHOA is looking to rewrite the HOA’s governing documents. My question is, do the condo owners have a right to vote on the new documents, because they pay the HOA to use the amenities? Or, do only the homes and villas directly under the 720 statutes vote on the changes?
A: Section 720.306(1)(b), Florida Statues which governs HOAs provides that unless the governing documents or law provide otherwise the governing documents may be amended by the affirmative vote of two-thirds of the voting interests of the Association. So, the answer to your question depends on who the governing documents define as the “voting interests.” Sometimes the voting interests are the individual owners and sometimes is a voting representative who casts the sub-associations votes in a block.
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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: info@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
