Frequently Asked Questions

1. What is the Villages of Lake Lucie Homeowners' Association?

The Villages of Lake Lucie Homeowners' Association, Inc. ("the Association") is a Florida non-profit corporation that manages and cares for the community known as The Villages of Lake Lucie in Port St. Lucie, Florida. The Association:

• Maintains and preserves the lots and common areas
• Enforces the community's covenants and rules
• Oversees architectural control for exterior changes to homes

2. What are the main governing documents?

The community is governed by three main documents:

• Declaration of Covenants, Conditions, and Restrictions - The rules and restrictions on how property can be used. It's recorded in the public records and automatically applies to all owners.
• Articles of Incorporation - Create the Association as a non-profit corporation and define its basic purpose, powers, and membership.
• Bylaws - Explain how the Association is run: meetings, voting, the Board of Directors, officers, and committees.

Priority: If there's a conflict, the Declaration controls over the Bylaws, and the Articles control over the Bylaws.

3. Who is a "member" of the Association? Do I have to join?

If you own a lot in The Villages of Lake Lucie that is subject to the covenants, you are automatically a member of the Association. Membership:

• Comes with owning a lot in the community
• Cannot be opted out of while you own the property
• Transfers automatically to the new owner when you sell

Mortgage lenders are not members just because they hold a mortgage.

4. How many votes do I have?

Each lot in the community has one vote in Association matters, no matter how many people own that lot. If multiple people own the same lot, they share that one vote and must decide among themselves how to use it.

5. When is the annual members' meeting?

The regular annual meeting of the members is held on the first Monday in December each year, unless changed in accordance with the Bylaws. Written notice is mailed at least 15 days in advance to the address the Association has on file.

6. What is a quorum and why does it matter?

A quorum is the minimum number of votes that must be represented at a meeting for any official business to be conducted.

For the Villages of Lake Lucie Association, a quorum is reached when members (in person or by proxy) represent at least 20% (1/5) of all votes in the community. If there is no quorum, the meeting may be adjourned and rescheduled.

7. Can I vote by proxy?

Yes. If you cannot attend a members' meeting, you may authorize someone else to vote for you using a written proxy. Proxies must:

• Be in writing
• Be filed with the Secretary
• Be revocable at any time

Proxies automatically end when you sell your lot.

8. What is the Board of Directors and how is it structured?

The Association is managed by a Board of Directors made up of seven (7) directors. Each director:

• Must be a member of the Association
• Serves a two-year term, with terms staggered so not all seats are up for election at the same time
• Is a volunteer and is not paid for serving, but may be reimbursed for actual expenses

9. How are Board candidates nominated and elected?

Nominations:

• A Nominating Committee (appointed by the Board) prepares a list of candidates.
• Additional nominations may also be made from the floor at the annual meeting.

Elections:

• Held at the annual members' meeting
• Conducted by secret written ballot
• Each member may vote for as many candidates as there are open seats
• The candidates with the highest number of votes are elected

10. Can a director be removed?

Yes. Any director can be removed, with or without cause, by a majority of the total votes in the Association. If a director is removed or a vacancy occurs:

• Members may fill the vacancy at a meeting, or
• The remaining Board members may appoint someone to serve for the rest of the term

11. Are Board meetings open to homeowners?

Yes. Regular Board meetings are held monthly. Notice is posted in a visible place in the community at least 48 hours in advance (except in emergencies).

All Board meetings where a quorum is present are open to all members, except for certain meetings with the Association's attorney.

12. What powers does the Board of Directors have?

The Board acts on behalf of all members to manage the Association. Its powers include:

• Adopting and enforcing rules and regulations
• Setting and collecting assessments (dues)
• Taking legal action to collect unpaid assessments, including liens and, if necessary, foreclosure
• Managing and maintaining common areas and facilities
• Obtaining insurance for Association property and liability
• Hiring managers, contractors, and employees to perform Association work

13. What happens if I don't pay my assessments?

If a member fails to pay assessments:

• The Board may suspend that member's voting rights and use of common areas if the account is more than 90 days past due.
• The Board may file a lien and may foreclose on the property or sue the owner personally if assessments are not paid.

Assessments fund the maintenance and operation of the community, so timely payment is important.

14. What are the Association's officers and what do they do?

The Board appoints officers each year from among the directors. The main officers are:

• President - Leads meetings, carries out Board decisions, signs official documents, and co-signs checks.
• Vice President - Acts in place of the President when needed and performs duties assigned by the Board.
• Secretary - Keeps minutes of meetings, maintains Association records and member addresses, and handles official notices and correspondence.
• Treasurer - Manages Association funds, keeps financial records, signs checks, prepares budgets and financial reports.

One person may serve as both Secretary and Treasurer, but other offices are generally held separately.

15. What committees exist in the Association?

The Bylaws mention several standing committees, including:

• Architectural Control Committee - Reviews and approves exterior changes to homes.
• Nominating Committee - Helps identify and nominate candidates for the Board.
• Pool Committee - Oversees the operation and maintenance of the cabana and pool.
• Social Committee - Organizes social activities for the community.

The Board may create other committees as needed.

16. Can homeowners see the Association's records?

Yes. The books, records, and papers of the Association are available for member inspection during reasonable business hours. Copies of the Declaration, Articles of Incorporation, and Bylaws may be obtained, and a reasonable copy charge may apply.

17. Can the Bylaws and Articles be changed?

Yes. Both the Bylaws and the Articles of Incorporation may be amended, but changes require strong owner approval:

• Bylaws - May be amended only by a vote of at least two-thirds (2/3) of the total votes of all members.
• Articles of Incorporation - May be amended by the members following the procedures in the Bylaws, also requiring two-thirds (2/3) of the total votes.

18. What happens to the Association if it is ever dissolved?

If the Association is ever dissolved, its assets, including the surface water management system and common areas, must be transferred to an appropriate local government agency. If no government agency will accept them, they must be dedicated to a similar non-profit corporation.

19. Where can I get the full legal documents?

You can:

• Request copies from the Association or its management (a small copy charge may apply)
• Obtain them from the public records of St. Lucie County, Florida, where they are recorded

20. What if I still have questions or need legal advice?

This FAQ is a simplified summary for convenience only and does not replace the official documents or legal advice. For specific legal questions, you may wish to consult an attorney familiar with Florida homeowners' association law.

For practical questions (meetings, payments, architectural requests, etc.), please contact the Board of Directors or the Association's management company.