Updating the story that we last updated in our May 28 New Tampa issue, despite some other recent published reports that said that Potbelly Sandwich Works was getting ready to announce an opening date in the former Oronzo Honest Italian space in The Walk at Highwoods Preserve plaza on BBD, I can assure you that the earliest the popular sandwich shop with more than 425 locations across the U.S. is still at least several months away from being able to open here.
Yes, Ron Asmar, the president of RTA Restaurant Group, LLC, has added four additional Potbelly locations to his commitment, with the New Tampa shop expected to open in “late spring/ summer” of this year, but based on what I’ve seen inside (right photo above, taken July 11), and what the person working inside said, there is little chance the new Potbelly will be open before the fourth quarter of 2024, and could even take until the start of 2025.
That is bad news for the multiple people I’ve seen since our last story ran two months ago, who told me they love Potbelly’s “Hot Sandwiches (and soups) and Chill Vibes,” as well as for anyone in our area (like me) who is always on the lookout for new places, even if they are national chains.
As I also said in May, feel free to visit the location at 4738 N. Dale Mabry Hwy. (near Raymond James Stadium) or the one at 2520 S. Falkenburg Rd. (near Brandon) for the Chicago-based chain’s “famous toasty sandwiches, soups, salads, fresh-baked cookies and hand-spun milkshakes.” — GN
Judge ‘Quashes’ County Commission’s Decision To Prevent Rezoning Of The Golf Course. So, What’s Next?
Long-time Pebble Creek resident Leslie Green, who started the “Save Pebble Creek” organization, says her only motivation is to preserve the natural beauty of her community. Green is waiting to see what happens next in the attempt to rezone the Pebble Creek golf course.
Long-time Pebble Creek resident Leslie Green is still in limbo, but it’s nothing new for the founder of “Save Pebble Creek,” the organization she started two years ago in an effort to prevent Pebble Creek Golf Club owner Bill Place and his Ace Golf from rezoning the golf course land to allow for further residential development.
Development company GL Homes had attempted to rezone the 149-acre golf course property in order to build 250 single-family homes. At that time, Green and her Save Pebble Creek group began holding community meetings and distributing petitions asking the community to oppose Place’s plan to sell the golf course to GL Homes. And, although there were some members of the community who supported the idea of redeveloping the shuttered golf course, the campaign resulted in a flurry of emails to Hillsborough County Commission Chair and District 2 Commissioner Ken Hagan.
Place then sued Green for defaming his character and for interfering with his attempts to find a developer. She filed a countersuit in May 2022, but then sought to have Place’s suit dismissed under Florida’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. A little more than two years later, that case still has not been decided.
In July of 2023, GL Homes’ attempt to rezone the golf course property was denied 5-2 by the Hillsborough County Board of County Commissioners (BOCC), after Hagan said he had received 1,800 letters from residents of the community, the vast majority of which were in opposition to the rezoning.
Green, whose home has faced the golf course for more than 30 years, applauded Hagan’s efforts to preserve the beauty of her community. Hagan said at the time that Place only had a couple of options going forward:
“He can come up with another developer with a different plan that might be more acceptable to the residents,” Comm. Hagan said after the July 17 meeting. “We’ve also discussed the possibility of the county purchasing the golf club to convert it to a county-owned course, but he (Place) would have to come down in price a lot for us to be interested.”
Green also suggested that Place might’ve been waiting for this year’s elections, when three of the seven Commission seats are up for grabs, in the hopes that perhaps the new commissioners might look more favorably upon the rezoning proposal.
But, GL Homes found another option. In October of last year, the home builder appealed the county commission’s denial of the rezoning request to Hillsborough County Circuit Judge Paul Huey.
At the June 10 Town Hall meeting hosted by County Commissioner Ken Hagan, Leslie Green thanked Hagan for his efforts to prevent the rezoning of the Pebble Creek golf course.
Eight months later, on June 24, Judge Huey “quashed” the decision by the BOCC to deny the rezoning, which means, in legal terms, “to set aside or void.” (Note-For a lot more information about why the BOCC’s decision was quashed, see page 4.) It also meant that now, the county had its own decision to make: Either ask Judge Huey for a rehearing, appeal the judge’s verdict to a higher court, or allow GL Homes to proceed with its development plan.
On July 5, the county filed a petition to the Circuit Court for a rehearing.
Judge Huey’s ruling on the developer’s appeal was that, “The court cannot find that the Board of County Commissioners relied on competent, substantial evidence when it denied GL Homes’ proposal.”
The judge also felt that the BOCC’s decision was more of a personal attack on Place, even though neither he nor his Ace Golf submitted the rezoning proposal. Although the Board’s original decision was based on the rezoning “not being infill and not compatible with the Comprehensive Plan,” the judge saw that GL Homes’ rezoning request was recommended for BOCC approval by the county’s Planning Commission and the zoning hearing master (ZHM), both of which said the proposed development was consistent with the comprehensive plan.
The judge also noted that Hagan said he was basing his decision to deny the rezoning, in part, on the Pebble Creek resident emails that accused Place of “spiteful tactics, intimidation, vindictiveness, innuendo, and fearmongering.”
But, in its petition for rehearing, the county claims that Judge Huey, “overlooked record evidence or misapprehended several points of law or fact in a manner that the County believes fundamentally affected the Court’s Order Granting Petition for Writ of Certiorari (“Order”). The County requests rehearing and requests that this Court rescind its Order Granting Petition for Writ of Certiorari and issue an Order Denying Petition for Writ of Certiorari.”
In other words, the county said that Judge Huey did not consider all of the factual evidence upon which the county based its decision, claiming, “The Application for rezoning as proposed would result in a complete change to the character of the existing community, by eliminating the central feature of a neighborhood which has existed for decades. Further, this decision has the potential to impact redevelopment of other similar communities within the State of Florida.”
The county’s arguments for requesting the rehearing included the following:
1. There was Competent Substantial Evidence for the BOCC to Deny Petitioner’s Application. As the Court notes in its Order, the Florida Supreme Court has set forth a framework that requires rezoning applicants to prove that their proposal is consistent with the comprehensive plan and complies with all procedural requirements of the zoning ordinance. If a rezoning applicant provides competent, substantial evidence that its application is consistent with the comprehensive plan, the Board may still deny the application to accomplish “a legitimate public purpose,” at which point the Board has “the burden of showing that the refusal to rezone the property is not arbitrary, discriminatory, or unreasonable.”
2. The county’s petition also says, “Ultimately, the Court concluded that there was no competent substantial evidence that the Application did not comply with the Comprehensive Plan, nor was there competent substantial evidence to support the County’s legitimate public purpose for denying the Application. However, in reaching the above conclusions, the Court overlooked competent substantial record evidence on which the Board could have relied, or misapprehended several points of law or fact.”
“Under this Court’s limited scope of review, it must be determined whether the record contains any competent substantial evidence to support the Board’s denial. In evaluating the evidence presented, it does not matter whether there is also evidence to support a conclusion different from that reached by the Board for ‘the point is that when the facts are such as to give the County Commission a choice between alternatives, it is up to the County Commission to make that choice — not the circuit court.’”
As for the evidence that the BOCC made the correct decision, here is a summary of what the petition for rehearing says:
1. [The Application] is inconsistent with he Comprehensive Plan.
2. The open space character of the subject property is an integral part of the neighborhood.
3. The removal of the open space around which the surrounding existing neighborhood was developed and constructed would not protect nor maintain the neighborhood’s character
4. The golf course was opened in 1967, five years before the Pebble Creek Planned Development was rezoned. The golf course was included as a central part of the zoning, and integral to the neighborhood design.
5. The golf course also was an integral part of the neighborhood’s character. The golf course is identified on the plan as the center of the planned development, around which the other uses in the neighborhood were designed and planned.
6. Because the golf course came first, it is a central component — or cornerstone — of that planned development. To completely replace this use, which currently makes up 25 percent of the acreage of the planned development, with additional residential housing, is a significant change to the character of this golf course community.
7. There is testimony in the record taken by the ZHM that supplements the other record evidence that the existing 150-acre golf course is the centerpiece of the neighborhood, and that to completely eliminate its use and to replace it with a residential development would be to lose an integral part of the neighborhood itself.
8. Pebble Creek was “uniquely designed” to incorporate the golf course, and by removing it “you are removing the very thing that built the community.” The golf course was a “primary reason” or “major factor” for some of the homeowners to live in the community.
9. In the Court’s Order, the Court notes that “[t]he Board argues logically that because the neighborhood was designed and built around the golf course, the land acts as a fundamental ‘centerpiece,’” which appears to imply that that the Board’s determination about the neighborhood having been designed and built around the golf course was based merely on logic and inference, rather than substantial competent evidence in the record. However, the County used future land use maps, zoning maps, the prior approved plan, and lay witness fact-based testimony to support its determination.
10. The Board also cited evidence that supports that the retention of the existing zoning accomplishes “a legitimate public purpose.” As argued at the Hearing, the legitimate public purpose is to protect the character of the neighborhood, which is not only a recognized public purpose under current case law, but also a mandate of the County’s Comprehensive Plan.
11. Judge Huey also ruled that the Board’s decision was based, in part, on the belief that the president of Ace Golf “lacks good sense and common decency.” However, the basis for the Board’s denial must be found in its adopted resolution, and not in singular comments made by a particular commissioner regarding an application or voting on an application.
The Board’s petition concluded that, “The record contained competent, substantial evidence that the Application was inconsistent with the County’s Comprehensive Plan, and that there was a legitimate public purpose to maintain the existing zoning, and therefore support a denial of the Application. Moreover, the Court misstated the Board’s reasons for denial of the Application by relying on a commissioners’ comments rather than the Board-adopted resolution.”
Comm. Hagan says that once Judge Huey rules on the Petition for Rehearing, the county has 30 days to accept his decision or appeal the judge’s ruling to an appellate court.
Meanwhile, Green says, “We still feel that the BOCC made the right decision and the rehearing will give them the opportunity to give the judge more clarity to see that they did in fact use proper evidence in making their decision.”
The bottom line, she adds, is that, “This is my home. Rezoning the golf course will change completely the character and beauty of our neighborhood forever.”
She’s holding out hope that the county’s Tampa Sports Authority will be able to purchase the golf course and reopen it, as Comm. Hagan mentioned could happen at his June 10 New Tampa Town Hall meeting (as we reported last issue).
In the meantime, all Leslie Green can do is continue to wait.
I don’t know if I’d agree that it is (as some have called it) the “Greatest Musical of All Time,” but I do know that the New Tampa Players’ production of “Singin’ in the Rain” at the New Tampa Performing Arts Center (NTPAC) offers a super-fun evening (or afternoon) of entertainment!
The Neighborhood News was on hand for last night’s opening night of “Singin'” and there’s no doubt that the talented cast and crew of NTP’s production of the show — which originally was one of the first great movie musicals starring Gene Kelly, Debbie Reynolds, Donald O’Connor and Jean Hagen — do justice to this story of two Hollywood stars trying to transition from silent films to “talkies.”
With great singing and dancing by Kyle Billington in Kelly’s role as Don Lockwood, Olivia Carr in the Reynolds role of talented starlet Kathy Selden, Rhett Ricardo as Lockwood’s best friend Cosmo Brown (the role made famous by O’Connor), and the scene-stealing Melanie Bierweiler absolutely nailing the Oscar-nominated Hagen role as Lina Lamont — the silent film star who can’t sing or dance — and an outstanding ensemble cast, 12-piece orchestra (a record for the Players) and crew, “Singin’ in the Rain” gives you plenty of value for your entertainment dollar. NTP producing artistic director Nora Paine directs and fellow Players veterans G. Frank Meekins (musical director) and Sarah Walston Pilllips (choreographer) deliver a toe-tapping, tap-dancing, rollicking good time.
The title song, of course, is a timeless classic, but we also loved Ricardo’s “Make ‘Em Laugh,” Kyle and Olivia’s “You Were Meant for Me,” NTP vet Kyle Fisher singing “Beautiful Girls,” Olivia’s turn on “Good Morning” and the full company’s take on both “Broadway Melody” and the reprise of “Singin’ in the Rain” that closes the show.
If you haven’t yet bought your tickets, there were seats still available for all of the following performances:
Tonight at 8 p.m.
Tomorrow (Sunday, July 20) at 3 p.m. (only a couple of single seats left)
Friday-Saturday, July 26-27, at. 8 p.m.
Saturday, July 27, at 3 p.m.
Sunday, July 28, at 3 p.m.
Visit NewTampaPlayers.org to get yours or visit the NTPAC box office at 8550 Hunters Village Rd., Tampa 33647!
Few answers provided, no suspects named at June 24 Town Hall, following three fatal shooting incidents in four days in New Tampa
The room at the New Tampa Recreation Center was packed as Tampa Police Chief Lee Bercaw (third from left at dais) and District 7 Tampa City Councilman Luis Viera (with microphone) update the community about the two fatal shootings within a couple of days of each other in New Tampa. (Photo by Charmaine George)
In the five days from June 17 through June 21, there were four people killed or found dead in New Tampa, in three separate shooting incidents, which prompted Tampa Police Department (TPD) Chief Lee Bercaw and District 7 Tampa City Councilman Luis Viera, himself a New Tampa resident, to co-host a Town Hall meeting at the New Tampa Recreation Center in Tampa Palms on June 24.
Then, another incident which began on E. Bearss Ave. ended with a Hillsborough County Sheriff’s Office (HCSO) Deputy run over by a suspect in Tampa Palms on July 5. Considering how little major crime has taken place in New Tampa in the 30 years I’ve owned the Neighborhood News, this spree of major crimes certainly has been a cause for concern for local residents.
First, To Recap…
On June 17, 24-year-old Kyle Prisco of Wesley Chapel was fatally shot in mid-afternoon broad daylight on Bruce B. Downs (BBD) Blvd., in front of the Chase Bank in Pebble Creek. Prisco was found on the ground outside his white Mercedes. He was pronounced dead at the scene and, although Prisco’s name was not released until a few days later, the Bean Bar Co. owner Danielle Henry organized a GoFundMe campaign “to assist Kyle’s sister, Kayla, and his mother, Lisa, with any expenses related to the funeral,” which was held at St. Mark the Evangelist Catholic Church on Cross Creek Blvd. on June 27. That campaign had raised nearly $24,000 of a $30,000 goal at our press time, with nearly 300 donations made.
Kyle Prisco & his sister Kayla (Photo source: GoFundMe)
Although that incident alone was shocking enough in normally peaceful New Tampa, on June 21, two people were fatally shot and a third taken to a hospital with non-life-threatening injuries in an incident that began in front of the Portofino Apartments on New Tampa Blvd. at the front of the West Meadows community, where the body of a man was found with gunshot wounds. A short time later, Hillsborough Sheriff’s deputies found a vehicle near Bearss Ave. with the two other people with gunshot wounds, one of whom was pronounced dead.
To cap off that one gruesome week, earlier on June 21, Tampa Police (TPD) officers found a decomposed body in a car near the Metro Self Storage adjacent to the New Tampa Nature Park on Doña Michele Dr.
With the people of New Tampa desperate for answers about the incidents on BBD and New Tampa Blvd., no suspects had yet been arrested or even named in either of those shootings and no additional details about them have yet been released.
Even so, Chief Bercaw said his primary reason for hosting the Town Hall — which was packed with a standing-room-only crowd of about 200 local residents — was to try to assure the public that they are safe.
“These incidents appear to be unrelated and were not random,” Chief Bercaw said. “In the case of the shooting on New Tampa Blvd., it is believed that all of the people involved knew each other.”
He also noted that because Prisco’s body was found on BBD, which is a county road, HCSO was leading that investigation, “but we are working feverishly, day in and day out, and closely with the Sheriff’s Department on both of these cases.”
Even so, many in the audience of New Tampa residents were wondering why no one from HCSO attended the Town Hall to provide any updates or at least show support for the event.
Andre Aris
“I can’t speak for them,” Chief Bercaw said when I asked that question shortly after the meeting ended, “but I assure you that we have a great working relationship with the Sheriff’s Office and are sharing all information on these cases.”
As for the decomposed body, sometime after the June 24 Town Hall ended, it was reported that TPD had arrested and charged 29-year-old Andre Aris (photo) with the first-degree murder of the 35-year-old man who was found “in an advanced stage of decomposition” in that 2006 Dodge Charger.
Although the dead man — whose body was riddled with bullets — was not officially identified by TPD, a lanyard hanging around the man’s neck contained a Florida driver’s license that helped investigators identify him as 35-year-old Andre Dyke.
Those investigators learned that Dyke had been living out of his red Dodge Charger and discovered, with the help of license plate readers, that someone else had been driving the car after he died, according to a TPD report. The Dodge was found at the Hunter’s Key townhomes, an apartment complex located a few hundred feet north of where Dyke’s body was found. TPD said that Aris had recently dumped the body between Metro Self Storage and the New Tampa Nature Park. He also faces a charge of Grand Theft of a motor vehicle.
About The Town Hall
Councilman Viera, who has hosted dozens of Town Halls on a variety of subjects, some better attended than others, said that he found the crowd at the June 24 meeting encouraging.
“I’m not going to say it’s a pleasure, because of why we’re all here, but it is a pleasure to see so many people here, because it obviously shows that we all want to hear from law enforcement about these incidents. It shows that the New Tampa community, which has sometimes been accused of being apathetic, will come out in force when they have major concerns about public safety.”
With most of the speakers who asked questions of the police at the June 24 Town Hall saying they didn’t feel safe because of the sudden wave of violent crimes in New Tampa, Chief Bercaw asked for the community’s help, especially if they had any video or information that could help with the cases.
One question asked whether “Shot Spotter” — a gunshot detection, acoustic surveillance technology that uses sensors to detect, locate and alert law enforcement agencies of possible gunfire incidents — could be brought to New Tampa, Dep. Chief Calvin Johnson, who also was at the dais answering questions, said that the technology didn’t make sense for New Tampa, “because there aren’t normally enough shooting incidents here to warrant that investment. Plus, unlike in, say, East Tampa, people here would immediately call 9-1-1 if they heard shots fired.”
Meanwhile, although Chief Bercaw also said that TPD was close to making an arrest in the New Tampa Blvd. incident, no arrests had been announced at our press time for this issue. He added that although the lack of information coming out is troubling to the local residents who spoke at the Town Hall, “Sometimes, I want to tell but I also don’t want to compromise the case.”
The TPD Chief also said that New Tampa has three very strong Neighborhood Watch groups and “If you’re not yet a part of one of those groups or your community doesn’t yet have one, please join or help start one. See us after this and we will provide assistance for you.”
To that end, residents of the Ashington Estates community in Tampa Palms later sent Viera a notification that they were organizing a Neighborhood Watch for their community.
Chief Bercaw also promised that, “This is not the end, this is the beginning.” And, true to his word, TPD and Councilman Viera already have organized a follow-up community meeting on public safety that is scheduled for Tuesday, July 30, 6 p.m., at the Compton Park clubhouse (16101 Compton Dr.), also in Tampa Palms.
Dep. Hall Leaves TGH
Hillsborough Sheriff’s Ofc. Dep. Kalin Hall Leaves Tampa General Hospital a day after having surgery on his broken leg after rammed by the BMW being driven by William Todd Lewis, Jr. (Photos provided by HCSO)
The incident where HCSO Deputy Kalin Hall ended up with a broken leg didn’t start in New Tampa. Shortly after midnight on July 5, the 11-year HCSO veteran stopped a suspect he wanted to question at the intersection of E. Bearss Ave. and N. Nebraska Ave. because he noticed the suspect’s black BMW was unable to stay in one lane. When the vehicle took off, Dep. Hall said he did not give chase, but ended up locating the vehicle 25 minutes later, this time backed into a parking space at the Amberly Place apartments on Plantation Oaks Dr. in Tampa Palms (off Amberly Dr, and just east of BBD).
When Hall got out of his vehicle, the BMW rammed into him and ran over his leg. The 33-year-old deputy was treated at Tampa General Hospital for one leg that was broken in two places, a broken ankle, and a stress fracture in the other leg.
William Todd Lewis, Jr.
The good news in Dep. Hall’s case was that he was able to leave TGH the next day and that William Todd Lewis, Jr. 24, the suspected driver of the BMW, and two other people were arrested a few days later.
As Lewis drove away after ramming Dep. Hall, Hillsborough Sheriff Chad Chronister said the suspect called his girlfriend and told her what had happened. He then ditched the BMW about a mile away from the scene. The girlfriend called Lewis’ mother, who picked up her son and drove him home.
Detectives went to the home and, when they interviewed Lewis, they said he showed zero remorse and asked for an attorney. An arrest warrant was issued for Lewis, but a surveillance team had been keeping tabs on him and believed he was about to take off again. According to Chronister, the surveillance team saw Lewis and his friend get a rental car and watched them fill it with items from inside the home where Lewis was staying.
Zachoiry Carnegie
Law enforcement officers followed Lewis as his friend drove them into Pasco County. When the pair stopped at an unidentified shopping plaza, deputies arrested both of them.
Lewis was charged with aggravated battery on a law enforcement officer, possession of more than 20 serious bodily injury, reckless driving with serious bodily injury, aggravated fleeing to elude serious bodily injury or death and fleeing to elude a police officer.
Meanwhile, Lewis’ friend who was driving the rental car, 24-year-old Zachoiry Carnegie, was charged with having a baggie of Xanax that didn’t belong to him. According to Chronister, Carnegie was out on bond after being arrested by the Tampa Police Department for aggravated battery with a deadly weapon, which has since been upgraded to attempted murder.
Keilise Garrison
In addition, Lewis’ girlfriend, Keilise Garrison, 23, also was arrested. She was charged with accessory after the fact. She deleted all of her text messages, so she also was charged with tampering with physical evidence.
“Instead of doing the right thing, Garrison made the conscious decision to conceal Lewis’ involvement,” Sheriff Chronister said. “This choice to protect a criminal rather than uphold justice is not only deceitful but also deeply disappointing,. Her selfishly motivated actions undermined the integrity selfishly motivated actions undermined the integrity further risk. For her role in this incident, she will face the full consequences of her actions.”
Chronister also noted that he expects Lewis’ charges to be upgraded to attempted murder of a law enforcement officer and that there would be at least one more arrest in this case, but didn’t say whether or not that additional arrest would be of Lewis’ mother.
Although parts of the new laws may end up being challenged in the courts, many portions of them went into effect on July 1
By Iris Vitelli, Neighborhood News Correspondent & Gary Nager
Among the many bills Gov. Ron DeSantis signed into law in May was Florida House Bill (HB) 1203, which is now changing the way many homeowners associations do business. (Photo is from FLVoiceNews.com)
A number of the bills Florida Governor Ron DeSantis signed into law on May 31 of this year will have far-reaching effects on homeowners (HOAs) and condominium associations, licensed community association managers (LCAMs) and home and condo owners themselves.
According to PearlAntonacci.com(the website of the Pearl Antonacci Group of Compass Real Estate, based in Boca Raton), the 2024 HOA (Florida House Bill 1203) and condo (HB 1021) laws introduce stringent requirements for structural safety, financial transparency, and board governance:
“Key highlights include:
• Reserve Studies & Funding: Condo associations are now required to conduct comprehensive reserve studies periodically. This ensures that sufficient funds are available for major repairs and replacements, providing a clear financial roadmap for future needs.
• Increased Transparency: Associations must provide detailed financial reports to all members annually, ensuring that every dollar spent is accounted for, fostering trust and clarity within the community.
• Structural Integrity Inspections: In light of past incidents, there is a heightened focus on the physical health of buildings. Regular, mandatory inspections are to be carried out to guarantee the safety and durability of the structures.
• Insurance Adjustments: The laws mandate that condo associations maintain robust insurance policies covering a wide range of potential damages, which might lead to increased premiums but significantly better protection against unforeseen events.
• Enhanced Board Requirements: Board members are subject to stricter eligibility criteria and training requirements, aiming to professionalize HOA management and enhance decision-making processes.
For homeowners, these changes mean more rights and protections from potentially overreaching HOA boards. It’s important for homeowners to be proactive, by attending HOA meetings and staying informed about their rights under the new laws.”
But, while not all of Florida House Bill (HB) 1203 is yet in effect, many of these changes did take effect on July 1. The new law requires homeowners associations, certain community association managers and community association management firms “to post certain documents on their websites or make available such documents through an application by a date certain.” The law also provides that an association or its agent is required to apply and enforce certain standards regarding architectural or construction improvements “reasonably and equitably.”
Key Changes & Requirements
Several new laws address property management companies. While some HOAs and property management companies have adhered to these now-required practices for years, others were rushing to comply by July 1, when most of the requirements kick in. However, the website requirement is extended to January 1, 2025. The law states that HOA documents must be accessible via a website or mobile app, with a password-protected portal for homeowners. Required documents include:
• Declaration of Covenants & Amendments
• Articles of Incorporation & Amendments
• Bylaws & Amendments
• Current Rules
• Contracts & Bids
• Annual Budget
• Financial Reports
• Insurance Policies
• Director Certifications
• Agendas & Minutes
• All Contracts, Notices & Documents related to Conflicts of Interest
• Member Meeting Notices & Agendas
• Board Meeting Notices & Enclosures
Although many documents will be available on the HOA’s website, homeowners can still request to view documents kept by the property management company. Requests must be made by certified mail, and appointments will be arranged. Homeowners may take pictures or request and pay for copies of the records.
Penalties & Compliance
The law now explicitly states that directors or property managers who knowingly solicit, offer, or accept kickbacks are guilty of a third-degree felony.
If a director is removed, the Board must fill the position immediately. When entering into a contract with an HOA, the contract must have a conflict of interest section. The property management company may recommend a vendor they have a stake in but must now disclose that information in the contract.
Fining Committees & Procedures
Not all HOAs already have a fining committee but under the new law, all HOAs are now required to establish such a committee. This committee will be made up of homeowner peers, and can not include any Board members or HOA employees. The committee will hear the homeowner’s explanation for not addressing the violation or contacting the property manager to make arrangements. After hearing the homeowner’s side, the committee will decide whether or not to impose the fine. The only authority the fining committee has is to approve or reject the fine; they cannot make alternate arrangements with the homeowner.
Previously, the fining committee met at a location; the new law states that a homeowner can attend these meetings via phone or other electronic means. This law also prohibits a fine or suspension from being imposed if the violation is cured before the hearing has been held.
The law also prevents associations from levying fines and suspensions for leaving garbage at the curb 24 hours before or after collection time or for leaving holiday decorations or lights on longer than allowed by governing documents, unless they are left for more than a week after the HOA gives written notice of the violation.
Expert Opinions
Attorney Jonathan Ellis, who is Board-certified in condominium and planned development law and a Partner and Community Associations Business Sector Chair at the Tampa office of Shumaker, Loop, and Kendrick, and an expert in HOA law, says, “Unfortunately, year after year, more amendments complicate HOA operations. Associations will need to consult counsel more often.” He adds that, “many changes are beneficial but will require HOAs to spend money to accommodate them.”
For example, he says, “One change that could end up in front of a judge is the new law about commercial vehicles. Homeowners can now park in their driveways. The new law lacks a clear definition of what is considered a commercial vehicle. Is it the definition of the Dept. of Motor Vehicles or the minivan that has a ladder on the top? If someone challenges it, a judge will get involved.”
Ellis also says that the cost to create, update and maintain an HOA website and for HOA directors to complete certification classes will likely be passed on to the homeowners. Previously, property managers would have new Board members sign a form stating they had read the documents and encouraged them to do so. The new law now requires that all new Board members take the Certification Course and mandates 4 additional hours of education each year for properties with 2,500 or fewer units, or 8 hours per year for larger properties.
“Although some changes may be open to interpretation and might end up in court, one thing is clear: Mandating directors to take the certification class and additional education is a positive development,” Ellis says.
He adds, “The new law says HOAs may no longer prevent a homeowner from protecting their home against hurricanes. This may mean changes to the architecture of the property.” He advises HOAs to consult an architect to understand what this means for the HOA’s Architectural Review Committee.
