29 Dec 2009
There will be an informational meeting at the clubhouse on Wednesday night, January 13 at 7 pm about the three proposed changes to the Declaration of Covenants. This meeting is for any questions or comments you may have about these changes, which homeowners will vote on at the January 25 Annual Members Meeting.
The “Flophouse” Rule
This clause would enable the HOA to fine an owner who is permitting their home to be occupied by three or more unrelated adults. It was initiated because there have been some recent cases of many more than three adults living in a single dwelling, resulting in complaints from neighbors.
Fine Cap
The change would remove the $1,000 per violation type limit on fines. The HOA is seeking authority to go beyond that $1,000 limit to have more leverage with a small number of chronic offenders in the Lakes. It’s worth noting that the original Declaration had no cap on violations fines. That was changed in 1999 to the $1,000 cap we currently have.
Rental Policy
The Lakes at Boca Raton is the only homeowner association in zip code 33498 that does not have any sort of rental policy. By having an open door policy, we risk being a magnet for undesirable renters who likely cannot get approved in surrounding communities that do credit and background checks, interviews, etc.
Of the seven clauses you will vote on, three are basic provisions common to virtually any HOA rental policy. The other four grant the Board the right but not the obligation to enact additional provisions. This approach was recommended by the HOA’s law firm (which is counsel to over 1,000 homeowner associations) so that the HOA would have these tools at their disposal in case they were deemed necessary to use down the road.
Please note that clause “g” gives the HOA 30 days to approve or disapprove a prospective renter. The 30-day period was recommended by our law firm as an outside date in situations where complications arise. But the HOA will make every effort to expedite the process in deference to landlord and prospective tenant alike.
Alan Kellock
Chairperson, Governing Documents Committee
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