Manatee County HOA Attorneys

Generally no to voting rights. Under Florida Statute 720.303, all unit owners have voting rights regardless of occupancy status (full-time vs. part-time). Limiting voting based on residency is likely invalid. However, some restrictions on amenities may be allowed if documents support them (for example, limiting certain facilities to members who pay additional fees, or restricting pool hours for non-owner-occupied units). Consult an attorney about your specific restrictions. Most Manatee judges are cautious about restrictions that effectively disenfranchise residents based on occupancy status.

First, confirm the HOA owns the roads. Then: commission engineering assessment, obtain cost estimates (typically 3 competitive bids), conduct a reserve study update or capital assessment, and prepare detailed disclosure to members. The board should present the assessment basis, cost breakdown, and timeline. Under Florida Statute 720.303, assessments above a certain percentage of budget require advance notice and opportunity for members to call a meeting to object. Provide at least 14 days' notice. Most Manatee courts expect thorough documentation and clear member communication before assessing.

Deferred maintenance on critical infrastructure creates significant liability. If the board knew about seawall deterioration and ignored it, members could sue for breach of fiduciary duty. The board must: immediately engage a marine engineer to assess the seawall, document findings in writing, and propose a repair plan with funding. A special assessment for urgent repairs is likely necessary. Courts expect boards to act on documented defects promptly. Don't delay, every month of inaction increases liability exposure. Consult an attorney immediately and engage engineering simultaneously.