USE OF ASSOCIATION FEES

An Opinion By Jan Bergemann 
President, Cyber Citizens For Justice, Inc.

Published November 27, 2010

Homeowners that own property in mandatory homeowners' associations have to pay fees, some more, some less. The Use of Fees is normally authorized by the governing documents – which state that the fees are intended for the management of the association, including beautification, maintenance and repair of the common elements and amenities.

But no matter what, fees surely aren't intended to pay for the improvement of the private property of a selected few.

During recent years here in Central Florida we have had extreme Summers and Winters -- lots of heat and cold and no rain -- and the watering restrictions surely didn't help the cause called GARDENING.

Plants and lawns suffered severely.  Many gardens that had previously been the pride of owners turned into money pits in a time where money is scarce in Florida .  In 20009 the Florida legislature passed a new law, allowing owners to opt out from water-guzzling grass and plants, and use

sed in 2009 a new law, allowing owners to opt out from water-guzzling grass and plants, and use Florida-friendly landscaping to avoid outrageous cost and water-usage.

Not all boards are happy with that solution.  They try every trick in the book to convince owners -- even with incentives -- to do the old-fashioned gardening using St. Augustine grass, a lawn grass known for big water-usage and in need of lots of chemicals to survive.

Nothing wrong with trying to keep the cookie-cutter look of many communities, but no board should go so far as to promise owners financial help for resodding with St. Augustine grass -- paid for from regular association dues.

The board of the WATERFORD LAKES HOMEOWNERS ASSOCIATION, INC. in DeLand, supported by community association manager (CAM) Chris Connors, clearly overstepped its authority when the board members voted upon a $1,400 contribution to the Community Sod Program. Quote from the minutes of the board meeting that took place on September 30, 2010: "The Board discussed the appearance and maintenance of homeowner’s lawns. With the kick off of the Community Sod Program as well as future opportunities offered to residents for lawn improvement the Board has set a dead line of April 15, 2011 for all lawns to be in compliance with the Association’s guidelines. After this date the Board will institute a fining schedule for the enforcement of lawn maintenance. In connection with the Community Sod Program a motion was made to set aside $1,400.00 to be contributed toward the program. The motion was seconded an approved by a majority vote of the Board."

Board President Andy Wells and CAM Chris Connors didn't respond to requests for comment to this article. Most likely they decided that there was no defense for making such a decision.

Even calling it “a community program” doesn't change the fact that the money goes to specific homeowners -- for improvement of privately owned property -- for improvement of privately owned property -- a definite NO-NO for use of fees.

Board members, no matter how good their intentions, are bound by the laws governing HOAs and the governing rules of their associations. CAMs, licensed here in Florida, are hired for their "expertise" and should make board members aware that their decisions may be violating laws and rules. 

In this case, the board decided to give money to homeowners that had opted for St. Augustine grass, but the money was paid by homeowners that had decided to comply with the "Florida-Friendly Landscaping" guidelines. Oops!

I don't think that was part of the legislative intent when Florida's legislators enacted FS 720.3075(4) in 2009.