Q&A: Document Snafu and the Master Association

Q. I live in an HOA that is part of a master association. This master association has operated under 720 (HOA) rules for the 25-plus years I have lived here. We thought we must do a revitalization, so our management company and lawyer at the time had the association spend $10,000-plus to accomplish this. The association started the process in January 2016, and six months later, the lawyer still hadn’t submitted the paperwork to the state. When he finally did submit it, the state denied the revitalization because it said all the association documents say this was a condo association. And indeed they were originally; apparently no one changed the docs after HOAs were admitted. Neither the board nor the management company is apparently doing anything about changing the docs (although the notification for the annual meeting referred to the Florida Condominium Act).

The questions I have are: 

1. Is there a requirement that the docs be changed to reflect that the master association has HOAs as well as condos?

2. Should the management company and lawyer be held liable to reimburse the association, since had either one read the association documents, they would have known that the docs referred to the association as a condo?

3. I was formerly on the board, but I am not now. The board doesn’t seem to want to resolve the situation, nor do they seem to have any help from the management company.

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