When Developers Oriole Homes Corp. were allowed to build Garden Patio Villas in Margate, Florida, they wanted to build a Homeowners Association (HOA) where private citizens could purchase property and enjoy the serenity of having the Association take care of the maintenance with a sense of indoor and outdoor living. The Developers built a HOA which is a private entity. HOAs are created to maintain common areas and have the authority to enforce deed restrictions. HOAs have a strict structure which appeal to some but frustrate others.
Who owns the Association land? Association land is maintained by the Board of Directors. This land is owned by the Association entity not the Members of the Association. Many people think all the Members own a small portion of this land. In a court room, Governing Documents prevail. There can be problems when Members don’t understand what a HOA really means. HOA’s are very different than purchasing a single family home. How is it different?
Homeowners Association land is owned by the Association entity not the Members of the Association.
Governing Documents
The Developers created our original Governing Documents. They consist of:
1. Articles of Incorporation – This created the Association, Garden Patio Villas Association, Inc., as a Florida Non-Profit Corporation. It also includes our name and location.
2. Bylaws – These are the rules of how our Association is legally required to run. This includes the Board of Directors, their Responsibilities and how meetings and voting takes place.
3. Declarations of Covenants, Conditions and Restrictions (CC&R) – This is the most important part of the Governing Documents and the most difficult for some Members! These can not be contradicted and must be followed with all Owners’ property and common area. This sections restricts or approves to what is allowed with all Members of the Association, including Members of the Board of Directors.
Oriole Homes Corp. sold our 83 villas and put together our first Board of Directors to run the Association. This happened in 1977 when many Members who purchased a villa were only here for the winter season when it was cold up north. Previously, Oriole Homes Corp. had built many condominiums and single family homes in Margate. This new type of living arrangement was new and appealing to many moving into Margate, Florida!
Homeowners have property boundaries they must abide by as well as many rules to follow. Members vote into office, every year, a group of Board Members who will help maintain and follow these rules. All Board of Directors are required by law to follow the Florida Statutes along with the Governing Documents. Members are allowed to attend and speak at all Board of Directors meetings with the exception of with a lawyer.
Homeowners Associations and Members have legal right to anything stated in the Governing Documents, Florida Statutes and Rules & Regulations. Members of the Association purchase restricted deeds and must abide by these rules. HOAs were intended to simplify the life of the Member not to worry about the landscaping and build a community where the Members can use the clubhouse and pool and sometimes other amenities at no additional cost. In exchange for maintenance being completed, HOAs have maintenance fees all Members must pay. Occasionally, there are assessments when there are issues that are not normally covered by maintenance.
Does this sound harsh? It is for many people who will not step foot into a Homeowners Association. On the other hand, there are many people who prefer this lifestyle and the simplicity of not taking care of property which is required with single family homes.
Garden Patio Villas Association was voted by Members to become a 55+ community in 1995. Since then, Members who purchase must be over the age of 55. This allows our community to have a more quiet atmosphere which is important to many in our community. Any changes to the Governing Documents must be voted in by the Members by a legal percentage. Today our Governing Documents consist of 135 pages!
If you are looking to purchase in Garden Patio Villas or any condo or homeowners association, read the Governing Documents!
You can read our “Rules & Regulations” which are a simplified version that the Board creates to make it easier to understand. If you are still interested in purchasing in a Homeowners Association, please take a look at our available villas for sale!