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Is it possible to disband my HOA/COA in Florida?

By: Jeffrey Kominsky, Esq.

A member or group of members want to disband your COA or HOA because any further continuation of an association may create economic waste and areas of disrepair which threaten the safety and welfare of the public. Unless the members are in a voluntary association, the Governing Documents usually refer to this process as “termination.” Typically, a termination process requires unit owners and other interested stakeholders to agree by way of voting. The best way to understand termination procedures is to see if your Governing Documents refer to a voting process. If an association is terminated, there must some rules of the road to ensure the association is dissolved in an appropriate manner. To that extent, Florida Statute Section 718.117 controls sales of condominiums within the context of voluntary termination of a condominium pursuant to the appropriate majority vote. It requires, “non-bulk owners” to be compensated at least 100% of the fair market value of their units.

Jeffrey Kominsky, Esq.

About the Author

Jeffrey Kominsky, Esq.

Jeffrey Kominsky is a Managing Partner at LS Carlson Law, leading the firm's Florida office as Chair of the Litigation Practice Group. He represents homeowners in HOA disputes, real estate conflicts, and civil litigation throughout Florida. His work has been featured in U.S. News & World Report, CNN, ESPN, and the Miami Herald.

State Bar License: 69408

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