Can Florida HOAs Raise Dues Without a Vote? - Dania Fernandez, Esq. (2024)
Perhaps one of the most contentious aspects of living in a Florida condo association is the topic of dues. Owners love to hate them, but they’re an essential part of maintaining a well-operating HOA.
While no one likes to see their costs increase, we all know expenses are on the rise. To counter some of those increased expenditures, many condo boards vote to raise dues, but do owners get any say at all in this decision?
The Dos and Don’ts of Dues
Here in Florida, there is no state law imposing limits on how much an HOA can raise dues each year. The dues allocation process is generally done in conjunction with annual budget planning and is typically put to a board vote; however, it’s important to verify specific rules related to dues in your CC&Rs. For example, some declarations may impose limits on how much dues can increase each year.
That said, there is a stipulation in Florida law that applies to condo associations.Florida Statute 718.112(2)(a) states that if assessments are increased by more than 115%, then a substitute budget can be requested by owners. To do this, 10% of the owners must petition the board within 21 days of the budget’s imposition to request a special meeting.
Additionally, in a condo association, if the developer controls the board then there is an automatic rule that assessments cannot rise by more than 115% of the previous year, however, there are no such stipulations for HOAs.
Make Your Voice Heard
Even if your CC&Rs don’t require a vote when raising dues, there are ways to get involved. If you have serious concerns about the increase in dues, your best bet is to take proactive steps to inform yourself and understand your community’s needs.
Get involved and attend meetings regularly, especially budget meetings, so you have a solid understanding of how financial decisions are getting made. In rare cases, an overinflated budget can be due to a fiscally irresponsible board.
If your Miami condo association has questions about condominium law, pleaseget in touch.
with our team at Dania Fernandez and Associates, P.A.
Dania S. Fernandez, Esq.( Attorney At Law )
We offer legal assistance in all matters of condominium association law, homeowners and community association law, real estate litigations and transactions, residential and commercial closings, and insurance law.
We pride ourselves of our level of commitment to our clients. We love what we do, and we do it with utmost care and professionalism.
Typically a HOA board can raise dues 3 to 5% without a membership vote. After that then it's a vote of the membership. It would be like a special assessment but with dues increase. It should be noted one doesn't just raise dues without a purpose.
Although a board may propose a rule that changes or modifies the declaration the board will still need to have the owners vote to approve the change and follow the procedures for amending the declaration. The board may not act alone in this regard.
In Florida, there is no state law imposing limits on how much an HOA can raise dues each year. That being said, your governing documents may have some provisions limiting the board's authority to increase dues, though this is not always the case.
If you don't want to opt-in to a homeowner association, your best bet is to just choose a neighborhood with no HOA or a newly formed HOA. But if you are in an established, HOA-run neighborhood and want to leave the association, you can typically petition the board.
Altogether, you can fine residents a max of $1000 for an ongoing offense. Once a fine has reached $1000, a lien may be placed against the resident's property. In addition to fines, a resident can be suspended from common areas, assuming they can still access their property and utility services.
They can take legal action against the HOA itself, seeking remedies such as injunctive relief or monetary damages to address the alleged failures. Alternatively, homeowners can pursue legal action against individual members of the board who are believed to have breached their fiduciary obligations.
of the Florida Statutes, members of the board of an HOA will need to be removed via a majority vote of the board of directors. The recall can be without cause, but this can lead to problems with the recalled person if they decide to take legal action for being recalled or removed.
If your HOA has denied you the rights that are laid out in the covenants or the board has shown signs of racism or prejudice in their choices, you might be able to sue the HOA for selective enforcement or unequal treatment.
The power of HOAs. An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
In Florida, average HOA fees typically range between $100 to $350, varying based on community amenities and maintenance needs. These fees can escalate to $400 to $800 for significant enhancements like swimming pools or clubhouses, especially in luxury areas.
If a sufficient number of votes are cast in favor of the dissolution, the HOA is required to file Articles of Dissolution with the Florida Secretary of State. Thereafter, the HOA will be considered to be dissolved on the date specified in the Articles of Dissolution.
Before October 1, 2024, HOA to provide a physical or digital copy of the association's rules and covenants to every member of the association, including new members. Provide an updated copy of amended rules or covenants to every member.
First, you need to go through the dispute resolution process as outlined in Chapter 720. This includes filing a written complaint with your HOA's Board of Directors, going through a mediation process, and then potentially taking the case to court if you cannot come to an agreement.
The HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.
In the State of Florida, three is the magic number. No matter the size of your association, your board must have at least three members, with the number stated in your articles of incorporation or bylaws. Your bylaws should also have provisions regarding the manner in which the board can expand.
In Florida, average HOA fees typically range between $100 to $350, varying based on community amenities and maintenance needs. These fees can escalate to $400 to $800 for significant enhancements like swimming pools or clubhouses, especially in luxury areas.
Recommendation: Any remaining board members should immediately call a meeting of the members and explain the consequences if no one is willing to serve on the board. If there still no voluneers, a court-appointed receiver may be the only way to address the problem.
Introduction: My name is Duane Harber, I am a modern, clever, handsome, fair, agreeable, inexpensive, beautiful person who loves writing and wants to share my knowledge and understanding with you.
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