Ocean Village Villas
635 Flamingo Drive
Ormond Beach, FL 32176
Below you will find a number of helpful questions and answers regarding the Ocean VIllage Villas. If you have a specific topic in mind please remember to use your ctrl + f hotkey to bring up the text search function.
Q. Who can change the rules or policies of a HOA?
A. The short answer is the board of directors for simple, normal business decisions such as rule enforcement or budget decisions. More complicated things require a vote of the association membership which is really an instruction to the board of directors on how to proceed.
Q. Who can change the CC&Rs?
A. Some things, such as the development order, cannot be changed. Other things require a vote of the membership and still other issues are settled by the board of directors.
Q. May any matter be discussed by the board at a board meeting?
A. No. The board of directors will have developed and posted an agenda of items to be discussed at a board meeting. Typically, only those items on the agenda will be addressed. The membership is invited at the beginning of a board meeting to comment on any agenda item.
Q. Before an owner is called to a hearing by the board, how many days notice must he be given?
A. At least 14 days notice of a hearing must be given.
Q. May homeowners attend board meetings?
A. Yes. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege.
Q. If a homeowner is called to a hearing, may he do it with only the board in executive session?
A. No. However, matters of mediation are handled differently than a board meeting and usually take place with the help of a third party.
Q. How soon are the minutes of a board meeting to be available to homeowners?
A. Within a “reasonable period of time”. While this sounds vague, it is a fact that producing an approved record of a board meeting is a time consuming process.
Q. How soon must notice of a board meeting be given?
A. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency.
Q. May homeowners speak at board meetings?
A. Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items.
Q. If a homeowner and the HOA can’t work out a dispute at a hearing, what can a homeowner try do to resolve the dispute?
A. If mediation fails to resolve an issue, the next stop is to take the matter to court.
Q. Does a homeowner or the HOA pay to eradicate termites?
A. In our community, each member owns his/her property. The responsibility to maintain this property, except for the external maintenance done by the association, rests with the owner.
Q. How does a homeowner know at what percent the financial reserves are funded?
A. The reserve amount is a line item in the budget. All members get a copy of the proposed yearly budget before the board meeting to approve the budget.
Q. After the HOA’s annual operating budget is approved, how much may the board raise the assessments without a vote of the homeowners?
A. The board cannot arbitrarily increase the assessment. The purpose of approving an annual budget is to insure that we spend no more than you take in.
Q. When the board approves the operating budget each year, how much may they raise the assessments without a vote of the homeowners?
A. An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.
Q. When are assessments due?
A. The dues are paid quarterly during the calendar year.
Q. May a homeowner install a satellite dish?
Q. May a homeowner make an architectural, landscape, etc. change to the exterior of their home without the approval of the HOA?
A. No. There is a set of rules called the Architectural Review Committee Guidelines that provides information on how to proceed with modifications or improvements to a property. Reading the guidelines saves everybody a lot of trouble and prevents many misunderstandings.
Q. May a homeowner make an architectural change to the interior of their home without the approval of the HOA?
Q. How many homeowners’ votes does it take to approve a special assessment?
A. A majority of the votes cast in the affirmative constitutes approval.
Q. How many board members must be present at a board meeting in order to call it to order and conduct business?
A. A “quorum” is necessary to conduct business. In the case of our board, three directors present out of the five on the board would constitute enough board members to conduct business.
Q. May the board make a decision outside of a board meeting attended by homeowners?
A. Yes. Meetings between the board and its lawyers to discuss either legal matters or personnel matters are closed to the membership.
Q. If a board member can’t make a meeting in person, can he participate in the board meeting by making a conference call?
A. The board of directors may permit any or all directors to participate in a board meeting by means of communications as long as the members can all hear each other.
Q. Does the HOA carry insurance to protect board members from being sued personally?
Q. Why does a board member need the HOA to carry Directors and Officers Insurance?
A. Actions taken by the board of directors don’t always make people happy.
Q. What is the “fiduciary” responsibility of the board?
A. Fiduciary responsibility requires each member of the board to act in good faith and in the best interest of the association.
Q. Can the HOA tow my car at my expense?
A. The short answer is yes. In our experience it is a rare occurrence. The city of Ormond Beach, however, has towed more than a few cars from our neighborhood.