|DRACONIAN AMENDMENT IGNORING FLORIDA STATUTES?|
Opinion By Jan Bergemann
Published August 13, 2016
Over the years I have seen many attempts of board members trying to pass amendments that would ignore the provisions of the Florida statutes. But one of the most blatant attempts is unfolding in the MONTERRA COMMUNITY ASSOCIATION, INC. in Cooper City.
With a simple board vote – the board consists of so-called voting representatives – the board members are planning on amending the community’s CC&Rs by adding this paragraph:
I think it’s absolutely ridiculous to even attempt adding such an amendment, considering that the language in the Florida statutes regarding payment of legal fees is very clear – and even contains the magic words: “PREVAILING PARTY!”
But what I find most disturbing is the fact that the language used in this proposed amendment is clearly the work of an attorney – an attorney who should know much better than writing such nonsense that will be unenforceable from starters. If the board ever votes on this amendment and then even tries to enforce it, they will suffer a total financial disaster in any court of law – a disaster a lot more expensive for them than what they are trying to gain: A dictatorial measure trying to scare any owner in the community from speaking out against their will.
I always wonder why certain board members strive to be Adolf, Joseph and Fidel in one person.