CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2764, 2009 WL 886214
...Coffield testified he thought that Windsong Place's homeowners' association had fewer than 15 members, and could not, therefore, change its by-laws. While requiring the association to maintain drainage facilities, the by-laws did not authorize assessments for other purposes. Section
336.125, Florida Statutes (2006), allows a county's governing body to convey an interest in a public road to a relevant homeowners' association, provided, inter alia, the homeowners' association is a "`homeowners' association' as defined in s.
720.301(9) with the power to levy and collect assessments for routine and periodic major maintenance and operation of street lighting, drainage, sidewalks, and pavement in the subdivision." §
336.125(1)(a)3., Fla....
...Stat. (2006). For this reason, Mr. Coffield testified, he thought the homeowners' association's application would be denied. [2] His erroneous assumption might have been that the fee underlying the roadway had belonged to ("been vested in") the City. Section 336.12, Florida Statutes (2006), provides: The act of any commissioners in closing or abandoning any such road, or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, shall abrogate the easement there...
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
...states that municipalities shall enforce state traffic laws on municipal thoroughfares "wherever the public has the right to travel by motor vehicle." 1 Section 316.00825, Florida Statutes, provides: "(1)(a) In addition to the authority provided in s. 336.12 , 2 the governing body of the county may abandon the roads and rights-of-way dedicated in a recorded residential subdivision plat and simultaneously convey the county's interest in such roads, rights-of-way, and appurtenant drainage facilit...
...ties as necessary to ensure their use and enjoyment by the property owners, tenants, and residents of the subdivision and their guests and invitees. The provisions of this section shall be regarded as supplemental and additional to the provisions of s. 336.12 , and shall not be regarded as in derogation of that section." Your question presupposes that the conditions of section 316.00825, Florida Statutes, have been met and then asks whether a municipality may act in accordance with this section to vacate roads and convey those same roads to a homeowners' association....
...ights-of-way, and appurtenant drainage facilities to a homeowners' association for the subdivision in the manner provided by section 316.00825, Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section
316.640 (3)(a), Fla. Stat. 2 Section
336.12 , Fla....
