How to Dissolve a Homeowner Association in Florida

Some homeowner associations do not meet the needs of the homeowners and require dissolution.

A homeowner association oversees the collection of homeowner's dues, determines how those dues are spent and how the common area is maintained. The association is in charge of making sure that the covenants and rules related to the homeowners and common areas are being enforced and that the building or common area is being maintained in a mutually agreed upon fashion. Some homeowner associations overstep their boundaries or run afoul of their membership, and homeowners may wish to dissolve the association.

Instructions

1. 

   Review your association's bylaws for guidance.

   Review the bylaws or articles of incorporation to determine what rules apply to dissolving the HOA. Some bylaws or articles of incorporation will lay out in detail how many votes are needed to dissolve the homeowner association and what grounds are needed to dissolve it, such as misspending dues or failure to maintain sufficient reserve funds.

2. 

   A Florida real property attorney can offer the best advice how to proceed.

   Contact a real property attorney who specializes in Florida common-interest property law. Some states use the Uniform Common Interest Ownership Act to deal with dissolution of homeowner associations; Florida is not one of these states. As a result, Florida does not have a uniform set of laws or rules pertaining to homeowner association dissolution. A real property attorney can advise on how to proceed without uniform rules.

3. 

   A certificate of dissolution or termination agreement must be signed by the homeowners.

   Draft a termination agreement. A termination agreement, also known as a certificate of dissolution, states that the individual homeowners wish to terminate the HOA, and it is necessary to get at least a super majority (if not a unanimous vote) of the homeowners to sign the agreement. Upon circulating the agreement to the homeowners for their signature, the document must be filed with the Florida County Recorder's office. To complete the process, all debts owed by the HOA must be paid off.

References

• TampaBay.com: Community Living: Dissolving a Homeowners Association Is Not Easy by Richard White January 31, 2010
• Florida Department of Community Affairs: Division of Community Planning: Expired Homeowner's Associations Covenants
• Lawyers.com: Dissolution of Your Homeowners' Association
• DBPR: Report and Recommendations House Bill 391 Study