Asked in Real Estate Law for Florida

Q: How does a HOA corporation without dues, assessment or lien authority force property owners to pay for road maintenance?

1981 deed restricted subdivision. Private roads dedicated to the property owners. Original 1981 HOA documents never executed, had 20 year sunset clause and contained no language for dues, assessment or lien authority. 2004 HOA created based on sunset 1981 HOA Docs. Original Developer transferred rights and interests into 2004 HOA corporation. Fast forward to 2021. Some property owners have not paid voluntary dues for years. HOA has no general liability insurance - no money for it. Much concern by some of us over possible accidents and negligence lawsuits due to failing road / Right of Way conditions. We will never get all property owners to agree to inclusion of lien, dues and assessment language in the HOA incorporation docs. There are 41 lots in the sub. Maybe 50% of property owners would agree to pay more than the currently requested $250 per lot per year. All Property owners use the roads every day - not all property owners pay for the maintenance.

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1 Lawyer Answer

A: You only need 50% + 1 to revitalize. The process is very technical though and thus expensive. The alternative is the risk of liability.

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