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In Florida, is it legal for an HOA to sell common area property? Is a vote of a certain % of owners necessary or just the Board?

Lakeland, FL |

This should be simple to answer. This question is about HOA with houses, not condos.

Do any Florida Statutes forbid an HOA to sell common area property? Do any Florida Statutes forbid an HOA from disposing of common area property that is in disrepair, such as a rusted beyond repair swing set? If not, is it then left to the deed restrictions? Does any Florida Statute address any voting requirements for such actions, such as a certain percentage of homeowners, or can the board decide this on their own?

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Attorney answers 2


Are you speaking of personal property or real property?

If you are speaking of personalty sitting in a common area where the personalty is deteriorated I would think it is within the management powers of the HOA Board to make those decisions.

There is a statute for everything and not every fact situation has been litigated, but the purpose of the HOA Board is to manage the common property and to enforce the covenants.

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The HOA has a duty to maintain the property in a safe usable condition. This includes repair and replacement of common areas and common elements. The board has the responsibility to do this, but they also have the duty to be fiscally responsible. If there is not a reserve to replace the playground equipment, it may mean a special assessment to all homeowners to accomplish this. If your HOA is suffering from the economy like most, this may not be a viable option if there are a lot of homeowners past due in assessments and the operating budget or reserves are not fully funded.

While the HOA cannot change the scheme of the neighborhood or sell of real estate unless it is authorized in the declarations and bylaws, getting rid of a rusty swing is not a material alteration or substantial change. While the smart thing would be to replace it, if the HOA can't financially accomplish that it should at least get rid of it because of the liability it presents.

This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.

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