RussellT (Florida)
Posts: 5
Posts: 5
Posted:
Does anyone know what Florida State agency handles complaints about an HOA for a subdivision? This HOA is for homes, not condos/mobile homes/ or timeshares. Thanks. Russell
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Residential subdivision HOA
Started by RussellT • 10 replies • 1821 views
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DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Russel,
What type of complaints are you refering to? As a homeowner, your first step should be to the Board itself. If you get no resolution, then you need to go to small claims court, seek an attorney's help or seek mediation but that requires an attempt in resolving the complaint prior to filing for mediation.
The State of Florida's Attorney General's office will handle some HOA's problems but only if the HOA is breaking a State law.
As I asked, what is going on?
RussellT (Florida)
Posts: 5
Posts: 5
Posted:
I have requested several times from the BOD the following:
1) Names of vendors, and bids received for the last two years.
2) Notice of meetings to be held. Have not been notified by mail or in a public place of any BOD meetings.
3) Name and address of HOA lawyer used by our HOA.
4) Name of Bank used by our HOA.
5) I have asked why previous Board members are not being held to the same rules non-board members must comply with.
6) I have asked the BOD for an audit of the last two years of income and expenses.
7) I have asked the BOD if any BOD is in business or friends of any vendor currently used by the HOA.
I believe by the BOD and HOA's actions and lack of tranparency that kickback are involved, and monies received from member's annual fees are being pocketd by the BOD.
I have been a resident in this single family subdivision for four years and never had any email, or any certified mail correspondence to the BOD acknowledged or received any response from the BOD.
Trying to figure out here what my next step is. I have experience with filing suit in the Small Claims Court in my county, but not sure what winning the suit would accomplish, nor if I would have my court expenses copmpensated if winning the suit.
1) Names of vendors, and bids received for the last two years.
2) Notice of meetings to be held. Have not been notified by mail or in a public place of any BOD meetings.
3) Name and address of HOA lawyer used by our HOA.
4) Name of Bank used by our HOA.
5) I have asked why previous Board members are not being held to the same rules non-board members must comply with.
6) I have asked the BOD for an audit of the last two years of income and expenses.
7) I have asked the BOD if any BOD is in business or friends of any vendor currently used by the HOA.
I believe by the BOD and HOA's actions and lack of tranparency that kickback are involved, and monies received from member's annual fees are being pocketd by the BOD.
I have been a resident in this single family subdivision for four years and never had any email, or any certified mail correspondence to the BOD acknowledged or received any response from the BOD.
Trying to figure out here what my next step is. I have experience with filing suit in the Small Claims Court in my county, but not sure what winning the suit would accomplish, nor if I would have my court expenses copmpensated if winning the suit.
JenniferM10 (Illinois)
Posts: 97
Posts: 97
Posted:
I'm a small business owner. I recently had an issue with a client and met with an attorney. His recommendation was that we start with what he called a "scary lawyer letter". Sometimes just the notice that you have a lawyer involved is enough to get some action. Unless they really are hiding something, in which case it might be a good idea to get some of your neighbors and force the issue with the board.
MaryA1 (Arizona)
Posts: 388
Posts: 388
Posted:
Russell,
A small claims suit or just a "scary" letter from an attorney are definitely NOT warranted unless you have proof of wrongdoing or that state laws and/or gov docs have been violated. Just thinking something is wrong -- even if all your friends and neighbors agree -- does not cut it !!
A small claims suit or just a "scary" letter from an attorney are definitely NOT warranted unless you have proof of wrongdoing or that state laws and/or gov docs have been violated. Just thinking something is wrong -- even if all your friends and neighbors agree -- does not cut it !!
RussellT (Florida)
Posts: 5
Posts: 5
Posted:
They do not hold board meetings open to members, they refuse to allow members access to all thier records that they are required to let us see per Florida Statute720.303. They refuse to accept any certified mail sent to the Board or to the Board members.
Florida law fines them $50.00 per day up to ten days if they do not allow reasonable access to the HOA records.
Florida law fines them $50.00 per day up to ten days if they do not allow reasonable access to the HOA records.
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Hi Russell....
Prior to 2007, the Division would be your source. However they have FAQs listed at the below link which addresses the Division's arbitration and mediation program (costs/process etc)and other issues related to Homeowner's associations....
http://www.myfloridalicense.com/dbpr/lsc/hoa/lscmhhomeownerfaq.html
I'm not too sure if this is your definitive answer but a call to them may help, no?
HTH,
Ann
Prior to 2007, the Division would be your source. However they have FAQs listed at the below link which addresses the Division's arbitration and mediation program (costs/process etc)and other issues related to Homeowner's associations....
http://www.myfloridalicense.com/dbpr/lsc/hoa/lscmhhomeownerfaq.html
I'm not too sure if this is your definitive answer but a call to them may help, no?
HTH,
Ann
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Russell,
Why no meetings, why no notification, why no response to requests?
Here is where you should start to read "720.311 Dispute resolution.--"
RussellT (Florida)
Posts: 5
Posts: 5
Posted:
That is why I am wondering if they are hiding some financial misdeeds. Or perhaps they are just lazy.
RussellT (Florida)
Posts: 5
Posts: 5
Posted:
I have read it, and am going thru all the Fl Statutes as we speak.
CarolF (Florida)
Posts: 435
Posts: 435
Posted:
Russell - is the developer still in charge of your development? Has there been "transition" and the HOA handed over to the homeowners?
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