Is It Possible to Disband My COA?

Condominium associations (COAs) are organizations that are responsible for managing and maintaining common elements and amenities in residential communities. While COAs can provide many benefits to unit owners, they can also be burdensome and restrictive. In some cases, unit owners may want to disband their COA altogether.

A condominium association (COA) is a non-profit organization that is responsible for managing and maintaining common elements and amenities in and associated with a condominium building. COAs are typically formed by developers when they build a new community, and unit owners are automatically members of the COA when they purchase a unit.

The Path to Disbandment

Disbanding a COA is not a straightforward process. It requires collective agreement, legal prowess, and a robust understanding of Florida condo law. This is where Ferrer Law Group can be of immense support.

Legal Framework: Initiating the process starts by reviewing the association’s governing documents. The Declaration of Condominium or the Association’s By-laws usually contains specific provisions and processes to dissolve the entity. 

Member Agreement: Typically, a substantial majority, often more than two-thirds of the members, must be in favor of disbandment.

Legal Implications: It’s paramount to be aware of the specific legal requirements and understanding these nuances is crucial. Chapter 718.117, Florida Statutes, provides the framework for the rights and obligation to terminate a COA.

Financial Aspects: There might be financial obligations that the COA holds. Before disbanding, these need to be adequately addressed. Whether it’s unpaid dues, pending litigations, or outstanding debts, all financial elements should be transparently handled.

How to Terminate a COA

In general, the following steps are involved to disband a COA:

• Check the governing documents of your association. The first step is to check the governing documents of your association to see if there is a specific process for disbanding the association. The governing documents may also include requirements for the number of votes needed to disband a COA.
• Get a petition signed by unit owners. If the governing documents do not have a specific process for terminating the association, Section 718.117, Florida Statutes will control. 
• Hold a meeting to vote on terminating the association. Once you have a petition signed by enough unit owners, you will need to hold a meeting to vote on terminating the association. The meeting must be properly noticed, and all unit owners, without limitation, must be given the opportunity to vote.
• Terminate the association and distribute assets. If a majority of unit owners vote to terminate the association, the association will be dissolved, and its assets will need to be distributed. The assets of the association may be distributed to unit owners, donated to charity, or used to pay off any outstanding debts.

Consequences and Repercussions

Before making a final decision, unit owners should consider potential consequences:

• One of the selling points of condos within a COA community is the assurance of property maintenance and value retention. Termination may affect this.
• Amenities and common elements might suffer in terms of maintenance without a structured body overseeing them.
• Getting a majority of unit owners to agree to terminate the association. This can be difficult, especially if the COA is well-managed and provides valuable services to unit owners.
• Dealing with outstanding debts. If the COA has any outstanding debts, these will need to be paid off before the association can be terminated.
• Distributing assets fairly. The assets of the COA need to be distributed fairly to all unit owners. This can be a complex process, especially if there are different types of unit ownership in the community.

In Need of Legal Guidance? Look No Further

Condo living, intertwined with the layers of COA regulations, might at times feel limiting. However, the decision to terminate should be made judiciously, weighing all pros and cons. And as you tread this path, ensure that you’re backed by a reliable legal partner. 

Ferrer Law Group, with its vast experience in Florida condo law and related areas, offers comprehensive support. Navigate your rights, understand your obligations, and make informed decisions. It’s time to reclaim your peace and residential joy.

Reach out to Ferrer Law Group today for personalized assistance and guidance. Your community’s future starts with a single step – make it count.