St. Johns County Ordinance Granting HOA Building Permit Review is Amended
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Barry Ansbacher
Jun 12, 2010, 11:54:09 AM6/12/10
to AssociationLaw
See below article. The actual ordinance will be posted in the "FIles"
page. Note that the article is slightly misleading. Only communities
choosing the "veto" power option must be trained in Sunshine Laws.
Communities that register for "prior notice only" do not need the
training and will be notified before any permits are issued if they
register under the program. All homeowner associations in St. Johns
County should contact their manager or attorney to discuss this
ordinance change.
Florida Times Union
June 9, 2010
http://jacksonville.com/community/shorelines/2010-06-07/story/homeowners-associations-will-learn-more-about-issuing-building
By Shakaya Andres
Homeowner associations that want to keep some control over building
permits and construction in their communities will soon have to meet
tougher regulations.
If homeowner associations want to review and sign off on building
permits they must register with the county and get training on quasi-
judicial procedures, rules for public officers and the state's public
records and meeting laws.
The St. Johns County Commission passed an ordinance requiring those
measures last week in response to complaints that some associations
were unknowingly violating the state's Sunshine Laws, which call for
open meetings and more transparency in decision making, and concerns
raised by the county attorney.
"What this establishes is a regulation process," said Commissioner
Cyndi Stevenson. "I think we have a strong chance of success."
Walter Rohrer, president of the Ponte Vedra Beaches Coalition, said
the ruling has been a long time coming and applauded the county for
its efforts to help protect associations.
"I think this is step in the right direction and I give Patrick
[McCormack] full credit for it," he said. "He took it upon himself to
warn a number of HOA's that they were exposed."
County Attorney Patrick McCormack told the coalition last year that
some homeowner associations' architectural review committees were
violating the Sunshine Laws. Some associations weren't aware of the
extent of those laws or the penalties for breaking them, which was a
factor in drafting the new ordinance, he said.
"Most of the members that sit on these boards are volunteers in a
residential community atmosphere and may find it rigorous complying
with the Florida Sunshine Law and public act," said McCormack.
Under the ordinance, the association must register with the county
once every five years. Association members on architectural review
committees and the board of directors must get two hours of training
on open meetings laws and quasi-judicial procedures. They must do so
within the next 180 days and also complete an additional two hours
every two years.
That training must be completed within 45 days after a new association
has registered. Future residents elected or appointed to the
association have 30 days to complete training.
Associations not involved in approving building permits don't have to
register. However, that means they won't be notified when a homeowner
applies for a permit.
Before an association is registered it must submit an application to
the county's growth management department and meet other requirements.
Coalition member Dan MacDonald opposed the change, but said he
understands the hardship the Sunshine Laws can have on associations.
"It's unfortunate that we can't operate under the original rule, but
it was inevitable," he said.
McCormack held public workshops last year where he originally proposed
four options.
Those options were: leaving the rules as they were, which would mean
that only those who rule on permits would have to abide by the
Sunshine Laws, subjecting them to possible violations and criminal or
civil penalties; repealing the rules, which would strip the homeowner
associations of the authority to rule on building permits and give
them less control over building in their communities; impose notice
requirements to inform the associations of building permit
applications but again giving up some of their power to rule on
building permits; and finally a "hybrid" option that includes pros and
cons from the first and second options.
Shakaya Andres can also be reached at (904) 249-4947, ext. 6319.
page. Note that the article is slightly misleading. Only communities
choosing the "veto" power option must be trained in Sunshine Laws.
Communities that register for "prior notice only" do not need the
training and will be notified before any permits are issued if they
register under the program. All homeowner associations in St. Johns
County should contact their manager or attorney to discuss this
ordinance change.
Florida Times Union
June 9, 2010
http://jacksonville.com/community/shorelines/2010-06-07/story/homeowners-associations-will-learn-more-about-issuing-building
By Shakaya Andres
Homeowner associations that want to keep some control over building
permits and construction in their communities will soon have to meet
tougher regulations.
If homeowner associations want to review and sign off on building
permits they must register with the county and get training on quasi-
judicial procedures, rules for public officers and the state's public
records and meeting laws.
The St. Johns County Commission passed an ordinance requiring those
measures last week in response to complaints that some associations
were unknowingly violating the state's Sunshine Laws, which call for
open meetings and more transparency in decision making, and concerns
raised by the county attorney.
"What this establishes is a regulation process," said Commissioner
Cyndi Stevenson. "I think we have a strong chance of success."
Walter Rohrer, president of the Ponte Vedra Beaches Coalition, said
the ruling has been a long time coming and applauded the county for
its efforts to help protect associations.
"I think this is step in the right direction and I give Patrick
[McCormack] full credit for it," he said. "He took it upon himself to
warn a number of HOA's that they were exposed."
County Attorney Patrick McCormack told the coalition last year that
some homeowner associations' architectural review committees were
violating the Sunshine Laws. Some associations weren't aware of the
extent of those laws or the penalties for breaking them, which was a
factor in drafting the new ordinance, he said.
"Most of the members that sit on these boards are volunteers in a
residential community atmosphere and may find it rigorous complying
with the Florida Sunshine Law and public act," said McCormack.
Under the ordinance, the association must register with the county
once every five years. Association members on architectural review
committees and the board of directors must get two hours of training
on open meetings laws and quasi-judicial procedures. They must do so
within the next 180 days and also complete an additional two hours
every two years.
That training must be completed within 45 days after a new association
has registered. Future residents elected or appointed to the
association have 30 days to complete training.
Associations not involved in approving building permits don't have to
register. However, that means they won't be notified when a homeowner
applies for a permit.
Before an association is registered it must submit an application to
the county's growth management department and meet other requirements.
Coalition member Dan MacDonald opposed the change, but said he
understands the hardship the Sunshine Laws can have on associations.
"It's unfortunate that we can't operate under the original rule, but
it was inevitable," he said.
McCormack held public workshops last year where he originally proposed
four options.
Those options were: leaving the rules as they were, which would mean
that only those who rule on permits would have to abide by the
Sunshine Laws, subjecting them to possible violations and criminal or
civil penalties; repealing the rules, which would strip the homeowner
associations of the authority to rule on building permits and give
them less control over building in their communities; impose notice
requirements to inform the associations of building permit
applications but again giving up some of their power to rule on
building permits; and finally a "hybrid" option that includes pros and
cons from the first and second options.
Shakaya Andres can also be reached at (904) 249-4947, ext. 6319.
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