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regulations concerning rules passed by the board without putting such regulations to a vote of the community

Where can I find the legal information in effect , both state and local, amd broward county in particular/

2007-03-26 15:52:44 · 1 answers · asked by condowner 1 in Politics & Government Law & Ethics

1 answers

You will have to go to your board to get the charter and read the language

The charter will give specific instructions on how regulations may be put to a vote. Without knowing what those are, I can't say if the action of the board was valid. It may be, but in some cases it isn't legal, such as if it is a restraint on alienation (one's ability to sell).

If the condo owners are upset about this, they may be able to oust the board. This is dependant on what property rights the original land owner still possesses.

Your first step is to look at the rules under the board's charter. Next you look to see if they correctly followed proceedure under the charter. Then if you have a remedy under the charter. And finally, if the new rule itself is consistant with property law (new rules restricting race would be unconstitutional for instance).

It all comes down to proper notice and to what effect the rule has changed what you thought you were getting into when you bought the property under the charter.

Flordia recognizes the legitimacy of homeowner associations. What they are doing is technically legal, but if they don't follow technicalities specific to the rule change they are seeking and the charter, you may be able to contest it.

2007-03-26 16:38:41 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0 0

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