Question:
Our past HOA board president unilaterally decided to tear up the shuffle board court and replace this amenity with grass. There was never a vote to repair it or replace it. Instead, she removed it and wrote checks to pay for it above and beyond what she had the authority to do. What is the statute of limitations on bringing this against that board member who has again been appointed to the Board?
– Kate
Answer:
Hi Kate,
Kindly review the governing documents to see whether its provisions allow or prohibit the board from removing community amenities. Generally, HOA boards may need approval to remove the amenities. Removing a common element may also entail an amendment to the community plat and other governing documents, which may require a membership vote.
If you have grounds to file a complaint, you may bring up your concerns at a board meeting or contact the board directly. The Florida Homeowners’ Association Act Section 720.311(2)(a) states that disputes regarding changes to the common areas shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court. Hence, you may need to use presuit mediation before taking legal action.
The statute of limitations in Florida may depend on the claim according to the Florida Statutes Section 95.11. However, as we are not lawyers, it’s best to consult an attorney to verify the statute of limitations.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
