Quote:
Originally Posted by JustSomeGuy
Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions
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CDDs are not HOAs. CDDs do not take on the role of HOAs. CDDs do not have the power of HOAs. CDDs and HOAs are established by different sections of the Florida statutes. Again, CDDs are not HOAs, they do not take on the powers of HOAs, and laws that apply to HOAs do not apply to CDDs.
Section 190, which applies to CDDs, does NOT give them the powers of an HOA. The portion you quoted authorizes the CDDs to enforce deed restrictions, but does not grant them the additional powers exercised by an HOA.
In the Villages, the CDDs have been granted the authority to enforce external deed restrictions. Most, if not all, the numbered CDDs have adopted rules (renewed annually) to implement this enforcement. While they have the authority to enforce external deed restrictions, they do not have the authority to modify the deed restrictions.