Dear Venetian Isles Homeowners:
My Firm represents the Venetian Isles Homeowners Association, Inc. (the “Association”). The Board of Directors has asked me to respond to the recent Nextdoor post about the revitalization of the Declaration of Restrictions and Protective Covenants (the “Declaration”).
1. First and most importantly, this is NOT an attempt to change the corporation into a Chapter 720 “homeowners association.” The Association is, and will remain, a not-for-profit corporation subject to Chapter 617, Florida Statutes. Dues will continue to be voluntary.
2. The reference to "UNDER FLORIDA STATUTE 720.405(6)" in the package you received is because the law (Section 712.12, Florida Statutes) requires “non-720” homeowners’ associations to use procedures in Chapter 720, Florida Statutes, for revitalizing the Declaration. This does not mean that the Association is, or will be, subject to Chapter 720 for anything other than the revitalization procedures.
3. No changes are being made to the Declaration in the revitalization process. Not a single word has been changed. Dues will not be mandatory, and liens will not be placed on properties. The ONLY thing that revitalization does is reinstate the provisions of the Declaration, as written, for a 30-year period. Revitalization will not turn the Association into a Chapter 720 homeowners association.
4. Pursuant to the revitalization process, a majority of homeowners must approve the revitalization by signing and returning the consent forms you received in the package. If this is achieved in the initial 90-day period, the process requires the Association to send the results to the Department of Econominc Opportunity (“DEO”) in Tallahassee for approval. Upon DEO approval, the Association will then notify the homeowners that the Declaration has been revitalized.
If you have questions, please contact a member of the Organizing Committee, whose contact information is contained in the package you received. Thank you for participating in operations of the Association.
Community Association Attorney
Anne Hathorn Legal Services, LLC
150 2nd Avenue North, Suite 1270
Saint Petersburg, FL 33701