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bobjohnson
Premium
join:2007-02-03
Orlando, FL
Reviews:
·T-Mobile US
·Sprint Mobile Br..

Garbage HOA

Kind of a rant... I spent a decent amount of money putting hurricane shutters on my house and they are non-removable other than unbolting them from the outer walls. Anyways, my wife sent me an email with a scanned copy of the letter from our hoa about not being able to have the hurricane shutters except in certain times. Crap like this shouldn't be legal.
"Hurricane shutters may be installed no sooner than when National Oceanic and Atmospheric Administration or the National Hurricane Center issues a tropical storm warning for Melbourne, FL or Brevard County, FL. ALL hurricane shutters must be removed within 7 days after the warning has been lifted for our area. Under no circumstances may ANY (this includes the back of the house) hurricane shutters be installed over windows and doors for the entire hurricane season or simply because the residents are away for an extended period during the hurricane season."
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Jtmo
Premium
join:2001-05-20
Novato, CA

Always consult your governing documents before making changes. If is something that 'might' be marginal check first.

I can see the point the same as not allowing security screen doors as it makes the area seem like high crime.
If you think they are good looking and not industrial looking, address the board at the next meeting, they are your neighbors.



bobjohnson
Premium
join:2007-02-03
Orlando, FL
Reviews:
·T-Mobile US
·Sprint Mobile Br..

said by Jtmo:

Always consult your governing documents before making changes. If is something that 'might' be marginal check first.

I can see the point the same as not allowing security screen doors as it makes the area seem like high crime.
If you think they are good looking and not industrial looking, address the board at the next meeting, they are your neighbors.

They amended the original documents in this. There wasn't a problem with shutters until now. I don't have a problem with the snowbirds leaving their shutters installed while they're up north during the summer. They apparently do, and this includes my roll-up shutters even when they're not down and that part is what I don't understand.
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John97
Over The Hills And Far Away
Premium
join:2000-11-14
Spring Hill, FL
Reviews:
·Bright House

reply to bobjohnson
This is the kind of thing that makes people hate HOA's, myself included.

I live in one, but they don't have that type of restriction. I actually did check, because I am in the process of getting new windows installed. They are giving me kevlar hurricane screens that are attached to lag bolts around the windows and of course only get installed prior to a hurricane event.

I have a copy of my deed restrictions printed out and stuck to the side of my refrigerator and it's on the computer as well so I can readily consult it.

Is there anything in your deed restrictions or HOA bylaws about this, or is the letter you received the only place this issue is referenced?

EDIT: I see your reply that they amended the documents. That sucks.

--
So put me on a highway, and show me a sign.
And take it to the limit one more time...


Beezel

join:2008-12-15
Las Vegas, NV

reply to bobjohnson
Just one reason I will never live with a HOA. I want to do as I please when I please.


ncbill
Premium
join:2007-01-23
Winston Salem, NC
Reviews:
·AT&T Southeast

reply to bobjohnson
make sure the changes restricting shutters are valid.

i.e. did the required percentage of homeowners vote this in (often 2/3 are required for changes) or was this simply a decision by the hoa board (do they have that authority under the hoa agreement?)

or is there any state law that pre-empts hoa restrictions on hurricane shutters?


tcope
Premium
join:2003-05-07
Sandy, UT
kudos:2

reply to bobjohnson
I might not have read is close enough but it seems like perhaps your shutters roll up? It appeared to me that the rule was against shutters _over_ windows. Are yours always _over_ the windows?


laserfan

join:2005-01-14
Blanco, TX

said by tcope:

I might not have read is close enough but it seems like perhaps your shutters roll up? It appeared to me that the rule was against shutters _over_ windows. Are yours always _over_ the windows?

I'm with tcope on this, though if your wife was sent a letter then obviously someone at the HOA has a problem with your shutters. You need to talk to whoever wrote the letter.

I don't know FL but it seems to me that to outlaw hurricane shutters would be like outlawing fire hydrants because someone doesn't like how they look. Unless the shutters are "deployed" over your windows, as if you were expecting a blow, they oughta be all right I would think!!!!


Msradell
P.E.
Premium
join:2008-12-25
Louisville, KY
Reviews:
·AT&T U-Verse

reply to bobjohnson
It seems like a copy of the HOA document you have don't have any reference to this restriction, is that true? If so, did you ever receive notice of a meeting to change this part of your restrictions? Did you ever receive and amended copy of the restrictions? It sounds like the board may be trying to pull something over on the owners. You should probably consult a lawyer.

It also doesn't sound like your shutters are actually "put up" because they are retracted. "Putting them up" would mean putting them into the operational position IMHO.


bkjohnson
Premium
join:2002-05-22
Birmingham, AL
Reviews:
·Charter

reply to bobjohnson
The main problem with my HOA is that the people charged with looking for violations are overzealous and think that all houses should be like their houses. This seems to cause nitpicking beyond the intended scope of the covenants. After my first encounter I read my documents more carefully. I found a section about fences that said no front yard may have a fence, including invisible fences. Just for the fun of it, I called and reported that I suspected that the previous owner had left an invisible fence, but that I couldn't tell because it is invisible. In all seriousness I was asked if I had contacted the previous owner about it.



djrobx

join:2000-05-31
Valencia, CA
kudos:2
Reviews:
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·AT&T U-Verse

reply to bobjohnson

I spent a decent amount of money putting hurricane shutters on my house and they are non-removable other than unbolting them from the outer walls.

You should have gotten approval from your HOA's architectural group before making a permanent change to the exterior. Then you wouldn't have a problem even if they made "ammendments", because you would have had written approval. That would have given the HOA an opportunity to address aesthetic concerns.
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guppy_fish
Premium
join:2003-12-09
Lakeland, FL
kudos:1
Reviews:
·Verizon FiOS

reply to bobjohnson
HOA are not some secret group, they are people just like you that volunteer there time to enforce the Covenants, Conditions, Restrictions and bylaws and handles issues. Its a thankless job, everyone that doesn't agree with the bylaws, usually never read what they here before the bought a property in the HOA.

If your unhappy with something, go to a meeting an discuss your concerns, if you still not happy, you may consider running for office,and then YOU get to make rules and changes, or at least suggest them so the HOA member can vote them in or out.

HOA boards, can make rule and changes without doing it properly, it should always be handled by an attorney to make sure the CCR's were followed and recorded. If this is the case, it shouldn't take more than an hour to check your CCR and verify that they were followed, what was recorded is available online from the clerk of courts website, with a simple search. If this is the case, a letter or meeting with the board would inform them of this and that it is not enforceable

In the end YOU and YOUR neighbors are the HOA ..



leibold
Premium,MVM
join:2002-07-09
Sunnyvale, CA
kudos:6
Reviews:
·SONIC.NET

said by guppy_fish:

In the end YOU and YOUR neighbors are the HOA ..

That is how it is supposed to be.

I have seen some really offensive HOA legal terms where the original developer retained a controlling interest in the development (51% of the vote, but no financial obligations) and in addition secured himself an ongoing revenue stream by charging excessive fees for mandatory "management services".

I think the concept of an HOA is a good one but some actual HOAs are every bit as bad as their poor reputation.
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guppy_fish
Premium
join:2003-12-09
Lakeland, FL
kudos:1
Reviews:
·Verizon FiOS

In Florida, you only get % by ownership, a builder can't have 51% unless it owned 51% of the lots. The State regulates HOA's just for the reason you mentioned and in my personal experience, its always been owner run once the subdivision past 50% of build out / sales. The builders literally don't want the headaches, like having to collect the dues

»www.leg.state.fl.us/statutes/ind···720.html



morbo
Complete Your Transaction

join:2002-01-22
00000

reply to bobjohnson
Next time avoid buying a home located in an HOA.



John97
Over The Hills And Far Away
Premium
join:2000-11-14
Spring Hill, FL
Reviews:
·Bright House

said by morbo:

Next time avoid buying a home located in an HOA.

In some areas, that is nearly impossible. I have always been part of the anti-HOA crowd. But, when facilitating my move to FL I found it was a reality I'd have to learn to accept. I found a good place that works for me. The HOA here really doesn't do anything.

There are no committees. The restrictions are based upon the county code. There is nothing in there I can't live with. If there's a problem, I call county code enforcement, not the HOA. There's not going to be anyone amending the restrictions. I am getting new windows installed and I called the county code enforcement office to make sure I didn't have to get any kind of approvals. They said there are no restrictions I need to worry about. As long as the contractor pulls permits, and everything passes inspection there are no other concerns.
--
So put me on a highway, and show me a sign.
And take it to the limit one more time...

averagedude

join:2002-01-30
San Diego, CA

reply to djrobx

said by djrobx:

I spent a decent amount of money putting hurricane shutters on my house and they are non-removable other than unbolting them from the outer walls.

You should have gotten approval from your HOA's architectural group before making a permanent change to the exterior. Then you wouldn't have a problem even if they made "ammendments", because you would have had written approval. That would have given the HOA an opportunity to address aesthetic concerns.

In a perfect world...yes, you should go to the HOA for approval first.
Good HOA's have a website that lists in clear and plain wording and my even have pictures of examples of what you can and can not do.
The approval process would be clear and quick.

In my imperfect world, my old HOA had terrible wording, and terrible descriptions. This left home owners to guess as to what was ok and not. This also meant that any small change....even if you wanted to replace a small shrub that died in your front yard with the same type and in the same location up to the prior approval of the HOA board. The result was total frustration. I am so glad I moved and live in a HOA free house - Freedom!!!

My mom, my dad, and my sister were presidents of there HOA's, for one reason only - They tried to get common sense changes/updates to their homes made and were turned down over and over. So once they were presidents they signed off for their changes/updates and got the work done to their homes. We asked the other board members why they were on the board and mostly they were not there to "do good for the community", they were there to get their pet projects signed off as well.
The others who were not there for their pet projects were just absolute mean control freaks / bullies. They must have been picked on as children and were out to take their revenge on others.

Stories like this are why HOA's get terrible reputations.
I know my story can't help you directly, but at least your in good company.


Jtmo
Premium
join:2001-05-20
Novato, CA

reply to bobjohnson
Most governing documents and some state laws require a 30 day membership review of any new rules (Other than minor rules like when the pool closes).

Most homeowners ignore this letter when sent to them, most do not get on a committee when it is time to update the CC&R's (higher level than rules). Most won't even vote yes or no, on anything.

It sounds like your neighbors on the architectural committee are looking at aesthetic standards for the community. Sometimes these are almost non existant, in other communities they are strict.
Amendments to the CC&R's would be by majority vote, often with grandfather clauses. Anything installed after that is in violation.

I believe this might be a similar roll up style you are using?
»www.flshutters.com/roll-upshutter.htm

I know this sucks, but I think you just learned a hard lesson. An HOA lawyer can look at the existing state law and the existing documents for about $400-800 to determine if you have an out.
Or. take it to court, shouldn't cost more than $30,000 or so.



AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1

reply to Msradell

said by Msradell:

It seems like a copy of the HOA document you have don't have any reference to this restriction, is that true? If so, did you ever receive notice of a meeting to change this part of your restrictions? Did you ever receive and amended copy of the restrictions?

It is every homeowners' responsibility to attend the meetings where this is discussed, or at least peruse the minutes available in the board office as soon as possible thereafter. Most bylaws explicitly exempt the board from any notifications of rule changes.
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averagedude

join:2002-01-30
San Diego, CA

reply to Jtmo

said by Jtmo:

...
I know this sucks, but I think you just learned a hard lesson. An HOA lawyer can look at the existing state law and the existing documents for about $400-800 to determine if you have an out.
Or. take it to court, shouldn't cost more than $30,000 or so.

That is exactly how I felt when dealing with my HOA. We could never just sit down and talk it out, and find a resolution that might be just a simple change...or at least a clear explanation as to why they would all ways just say NO. It always had to be like an interrogation. You would have 2 to 4 minutes at a podium to make your case (felt like a speed job interview). The gavel would fall and you would look up to Cesar HOA and see your fate as a thumbs down or worse...

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