deferment of lot rent

[lorettajett08]

Jurisdiction

Florida

Is it legal to put a order of deferment on lot rent in a 55 plus Community? The Community is Heron Cay in Vero Beach Florida. There are a lot of people who live there who are complaining about the condition of the Parks Grounds and the Club House plus the pool and spa, the lighting system in the park, the maintenance crew is not paying any attention to their job and Management is not doing anything to correct them. The Clubhouse is closed lot right now its closed because of a leak in the roof, sometimes it is closed for electricity problem. The Club House is very important to the community for Activities in the park. They advertise all the Activities in the Park in there
Advertising. Free Grass Cutting but they don't cut the grass in a lot of places, some people don't get their grass cut but once a month and with the rainy season upon us it grows fast. The right of way's are always full of water making it impossible to walk through the areas, and when they do cut grass they cut it in the areas and the earth is soft and of course they leave big deep ruts in the yards that look terrible no one comes to even up were the ruts are. In the contract it says to keep up the bushes and trees in our spots but they don't do what they preach. People in the Park make up the Activities for the Community with a Group called Fun and Games, we have many groups, cards, bocce ball, exercise groups, and to many to mention I would almost write a book if I named all of them. We have HOA meetings once a month the first Tuesday of the month. It would be nice if I can get a answer to this question before the first Tuesday of next month. I am just a concerned Member of HOA here in Heron Cay Community who just threw this Idea in the pot called Next Door Neighbor and a group of people jumped on my wagon sort of speak. I just put this statement on the Next Door yesterday August the 4th, 2017. We are talking back and forth through Next Door Neighbor. Thank you in advance for your help.

 

[adjusterjack]

It's never a good idea to put your name and address out on the internet. I edited it out for you.

As for deferring your lot rent, that's not a good idea either. It's likely to get you evicted.

Before you and other residents consider doing that, I suggest you (and them) study the Florida mobile home park landlord tenants as there are many legal rights and remedies in there that might apply to your situation:

Statutes & Constitution :View Statutes :->2016->Chapter 723 : Online Sunshine

The reality is that you and the other residents are probably going to have to chip in money to hire an attorney if the park owners are so egregiously neglecting the facilities.

 

[hrforme]

Do you all go as a group to the HOA meetings and express your concerns? Have you considered some on your group running for open positions on the HOA board next election? That's the best way for changes to happen. Complaints don't get very far without some type of action. It kind of sounds like you are working outside/around the HOA. But they are the ones that control usage of the building, maintenance, etc. Next Door's page is a great place to get a group together, but I am willing to bet it is NOT the official way to document your concerns to the HOA.

Are the activities HOA supported or something your group "Activity in the Park" came up with?
Is there coordination between your Activity in the Park and the HOA? It could be that your lot rent was never meant to cover all of the activities (usage) that your group is doing especially if the HOA has not given approval. Or it could be that it is raising the costs of electricity, insurance etc for the community without your group realizing that.

I doubt your lease or rental agreement or deed restrictions allow you to defer paying lot fees if you are unhappy. Instead, you might address some of the issues with your city/county if they are truly unsafe and get some representatives on the board that have your best interests in mind. (But be aware that once they see the state of the finances, which I suspect is the main reason for the issues, they might suggest raising the lot rent or doing special assessments if allowed to pay for all the things you are suggesting above to be fixed)

 

[lorettajett08]

Fun and Games is associated with HOA, they have the obligation to say yea or naa to what ever the Activity Committee wants to do. And yes I go to meetings some time can't say I didn't miss some of them. But it seems soo useless to go when the HOA can't get anything done. ELS or now I find out its Chicago where the owners are don't give a hoot what we need here, they put in new lighting in some places but it is useless because Management won't keep light bulbs in them. There are 6 lights around the back of the clubhouse none of them work, lightbulbs are burned out. There are grass cutters but only 2 men to run 2 different Parks. these Parks are big, ours have over 500 homes in it. It is a lot of land. We pay taxes on the land but it is not our land, we have to keep the bushes trimmed, the trees on our lot and keep it weeded the house powered washed 2 times a year. Which is OK with me and a lot of other people think it is OK but it seems that we keep paying more and more and where are the amenities they keep going down, down, down. They take in a lot of money with the Lot Rent going up every year, and the tax money, HOA found out that we are paying most of the lot rent in a sister Park. What they don't pay we do and that is totally wrong, wouldn't you say. And so what if the electricity keeps going up we pay for it. Well you know what we have complaint forms we can get at the office they are outside the office in a box, a lot of people have filled them out and they get sent to ELS and we hear nothing about a lot of the complaints, sometimes they say we will be fixing that in the next 1,2,3,4,5 ,years from now, so complaints do not work with these people, they are sitting up there in Chicago taking our money and laughing while they are doing it. So if the people who do most of the complaining get together and arrange a Group get the news involved and do something I won't say what we might just get some things done around here to where this is a Number 5 Star Community Again. All we want is Decent lawns with out big ruts and mower tracks going across our driveways and clean cars sitting in the driveways without wet grass thrown on them. Lighted pole lights to shine on the property to keep intruders out, more maintenance people to keep up with the work that should be done. That's the way it was when we moved in 6 years ago. There's always a big problem with the lake also, the pool, and the hot tub. The office started some work on the club house and didn't get a licensee for the work so now the clubhouse will be shut down a lot longer now.

 

[army judge]

The park owners might be in deep financial trouble.

You do have options.

Start seeking a new place to live.

When your lease is near its end, simply give proper notice and move.

The way you describe things, it'll only get worse.

If staying is that important to you, see if you can organize the other residents and hire a lawyer to address what you believe (as a group) must be corrected.

Without legal action, nothing will change.

Even with legal action, if the park owners are financially insolvent (or headed that way), nothing will improve anyway.

 

[adjusterjack]

But it seems soo useless to go when the HOA can't get anything done.

Do you own your MH or do you rent it from whoever owns it?

 

[lorettajett08]

Do you own your MH or do you rent it from whoever owns it?

YES WE OWN IT.

 

[adjusterjack]

YES WE OWN IT.

Then you may end up having to take this to court.

I suggest that you and like minded homeowners chip in for an attorney.

Sorry to have to say this but if you aren't willing and able to litigate, you have no clout, and the owners can keep on doing (or not doing) what they are doing.

 

[lorettajett08]

Then you may end up having to take this to court.

I suggest that you and like minded homeowners chip in for an attorney.

Sorry to have to say this but if you aren't willing and able to litigate, you have no clout, and the owners can keep on doing (or not doing) what they are doing.

I have a Lawyer I used for a will and testament would she work.

 

[adjusterjack]

I have a Lawyer I used for a will and testament would she work.

Ask her if she has experience in landlord tenant issues like your facing.

If she is a probate or estate planning attorney, or even a generalist, you might be better off with a real estate attorney who has specific experience in these matters.

 

[lorettajett08]

Ask her if she has experience in landlord tenant issues like your facing.

If she is a probate or estate planning attorney, or even a generalist, you might be better off with a real estate attorney who has specific experience in these matters.

ok WE WILL FIND A REAL ESTATE LAWYER.. THANKS