SURVEY FOR MEMBERS OF DEED RESTRICTED HOMEOWNERS ASSOCIATIONS

In conjunction with the Consumer Advocacy Network  I would like to ask everybody, living  in a mandatory Homeowners Association (HOA), to answer the following SURVEY.

As you all know, the problems in HOA's here in Florida are growing. We are  trying to change these issues because especially elderly homeowners living on a restricted income don't have the financial ability to fight for their rights in court. The stakeholders and others in Florida claim there are absolutely no problems because everything is done according to Statutes. So, why change our laws?

In a continuing effort to document violations of these Florida laws we are requesting members, their friends and neighbors to respond to the following SURVEY. We can accept and tabulate only those responses that include the name of responder and community. Responses could be of significant importance if bills are filed for the 2001 Legislative session and in the event a state and/or Federal investigation ensues related to current real estate practices in Florida.

It is very important to all of us to show the proof that the regulations are broken very often, because developers know that most homeowners just can't afford the high legal cost to try to enforce these Statutes.

We want to use this survey to show to our Governor Jeb Bush and our legislators that a change is necessary and should be discussed during the next Legislative Session.
If the developers would be forced to obey by the existing Statutes, a lot of these problems would be stopped before they start.

Please take the little time necessary to fill out this Survey and forward it to us.
Thank you!


If you're an owner selling property in a deed restricted community, are you aware of the requirement to provide a Disclosure Statement Summary (DSS) to prospective purchasers pursuant to s. 689.26 F.S.? (see below)

Are you aware that a developer or owner collecting amenity fees is required to provide a yearly financial report of expenditures and receipts to residents pursuant to s. 689.265 F.S.? (see below)

For your information here is a little legal print-out of the Florida Statutes, which describe how these issues should be handled.


F.S. 689.26  Prospective purchasers subject to association membership requirement; disclosure required.
(1) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY FOR (NAME OF COMMUNITY)
1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.
2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.
3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION, WHICH ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
4. YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT IN A LIEN ON YOUR PROPERTY.
5. THERE (IS) (IS NOT) AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. (If such obligation exists, then the amount of the current obligation shall be set forth.)
6. THE RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP.
7. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS.
8. THESE DOCUMENTS ARE MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED.
DATE:                         PURCHASER:


The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.

(2) This section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723 or to a sub divider registered under chapter 498; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723.

------Chapter 689, s. 689.265 Florida Statute------
689.265 Financial report.--In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year. Such report shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in prominent locations in the subdivision.
This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts.

It is really important to hear from you, the homeowners, how this has been done in
       your community. Please take a little of your time to answer this survey !
         Thank you for your consideration. We look forward to your reply.
 

CLICK HERE FOR ACTUAL SURVEY!