By Jan Bergemann
The Florida legislature tried, but the Florida Supreme court surely didn’t agree.
According to the Florida Supreme Court there are no equal rights created by the legislature, if the governing documents don’t contain the few magic words: “as amended from time to time.”
What a big difference a few words can make.
The story started in 2007, when State Representative Julio Robaina filed HB 1373, answering the calls from many condo owners who complained that a small amount of commercial owners had more voting powers than all the private owners together. Their main issue: Lots of the owners’ maintenance fees were used for the benefit of the commercial owners. The bill passed, but the commercial owners filed a lawsuit that went all the way to the Supreme Court. And the Florida Supreme Court upheld the “holy” contract right, much to the dismay of millions of owners of property in community associations.
The Supreme Court’s ruling: Only if the governing documents of the association contain the words “as amended from time to time” can newly enacted laws be applied for associations already in existence at the time when the bill was enacted by the legislature.
The Supreme Court’s ruling: Only if the governing documents of the association contain the words “as amended from time to time” can newly enacted laws be applied for associations already in existence at the time when the bill was enacted by the legislature.
Julio Robaina’s comment after the commercial owners filed the “GRAND” lawsuit: “We heard so many complaints from owners that we thought it's high time to file this bill. But as soon as owner-friendly laws are enacted the industry sues."
I guess that sums up the fate of family’s living in associations.
I guess you all know what happened after the RULING OF THE SUPREME COURT, but do you know how it all started? If you want to read the whole story, please click here:
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