It seems that these little dictatorships – a.k.a. homeowners’ associations -- are breeding folks that are absolutely unwilling to give up power.




Since years board members of the former homeowners’ association are trying to revitalize the association after they failed to renew the documents in a timely manner.


Three years after the 30-year deadline of MRTA (Marketable Record Title Act) in 2001 the first attempt was made to revitalize the association, but failed miserably.


These “board members” would give up easily. The attempts to revitalize continued and they even ignored a ruling of the 2.DCA [IGNORING THE RULING OF THE SECOND DISTRICT COURT OF APPEALS?] telling them that the community was no longer a mandatory homeowners’ association regulated by FS 720, but continued to act like the community was still a mandatory homeowners’ association.


The "self-appointed" board hired another law firm in 2023 trying to revitalize the former HOA, but again failed to even come close to revitalization.


In a LETTER by the Florida Department of Commerce dated February 12, 2024, the reasons for denying revitalization were clearly spelled out. In short: The revitalization attempt totally failed to follow Florida Statutes 720.405.


But even after this letter was distributed within the community, board members are still claiming that this letter really doesn’t mean that their revitalization attempt was denied.


How much more obvious can it be?

Are a ruling of the 2.DCA and a letter by the Florida Department of Commerce still not enough to make sure that even the most ignorant former board member can understand that their time of power is over and the members of the community should be able to live in peace without receiving nasty letters and “membership” reminders?


The Marketable Record Title Act (MRTA) is the law of Florida and even the folks unwilling to obey by this law have to understand that the law is the law.


We are seeing more and more cases were homeowners are unwilling to see their community to continue as a mandatory homeowners’ association after the 30 years are up.


The reason: Dictatorial board members and rules that don’t make sense, topped by the fact that Florida has no regulatory agency able to deal with simple complaints of owners against unruly boards. Even simple issues have to end up in costly litigation.


I will ever forget what a judge once told me: “In former times neighbors brought neighbors in need chicken soup and cookies. Nowadays they serve them with lawsuits and foreclosure notices!