wHOA REFUSES TO FOLLOW BY-LAWS SAYING THEY WERE NEVER FILED SO DONT COUNT BUT

fLORIDA HOA here. Here's the problem. We have by-laws from the 80's to 2003 that were passed by the majority of members. Three BOD's have been on BOD for 8,11 and 12 years..(and refuse to acknowledge by-law passed in 2004 stating allowed two terms and then must get off for one term at least before they can come back on) and have been passing on the misinformation along with the CAM who is fond of interpreting law to his and BOD benefit, that their attorney says its unconstitutional, then using excuse by laws were never filed with county clerk so dont count, and they have alredy or are throwing them out. One of the by laws they refuse to acknowledge limits them to spend no more than $4000 without the vote of the entire community. Talk to the Sec of State and every court clerk, who report they dont require by laws be filed with them except the original which are part of the DCR book. No By laws can be found filed in any City county State office. Whenthey were passed they were professionally published and sent to each home-owner and told to add them to and keep them with their original documents and covenants book.

The Board is out of control. Spent over 200,000 on kitchen, pool chairs,computers,kitchen and what all we havent found out yet since our financial statement is not breaking it down . Refuse to budget, cut expenses. Insted of putting the 200,000 toward roads or filling reserve items, they now have taken a loan so far of $400,000 out of a line of credit of $550,000. Have assessed us $200.00 for 5 years, on top of $50.00 increase quarterly to management company. Most are senior citizens on Social Security in over 55 community. there's much more malfeasance, misfesance -and we have started a recall of the entire board -
which we dont expect to have ready for 90 days.
one board member living here a short time, took upon himself to write letter and stick in doors attacking all former boards and work done by former President who was much loved and whose widow lives here. Elder owners who adored deceased pres are in an uproar.

Covenants say he can be removed by majority vote of BOARD and Prez can appoint replacement. CAM and statute720 say majority vote of membership - snowbirds already gone north - how to notify them would be problem-

Do our Covenants trump 720 ?

Fl Statute says majority vote of residents

by the way, all Clerks of Court and Sec of state say there is no requirement to file by laws with them - but BOD refuses to accept. Brought lawyer to meeting who
tried to confuse membership between requirement of Covenants and Incorporation must be filed and bylaws. Caught her blufing so her answer was "I'll have to research it:.

My idea is to take former Board Member who was on Board and living here during times by-laws passed, have him make affidavit, and file them ourselves, or at least have them stamped by Clerk of Court.

Will that work this many years afterward?

Thanks for assisance.

And yes, a meeting of the entire community would have to held to affirmatively vote on new by-laws giving them right to spend above $4000.

They're not asking for new by law vote cause they know they'd never get it.

CAM told Board he has way of getting around 4000 $ by-law and that is what they have been going by - his way to get around.

JT5,

Statutes 720 do not address bad behavior. Your own documents may not even do that. The only way that your association can remove a Board member is by a Recall from the members or the Board can request that any Board member resign. That likely will not happen.

I am always troubled with statements from posters that say "Board member who nastily insulted all former BOD's and the widow of the deceased Prez?" It seems like something we said in Junior high school or high school when we got into disputes about really unimportant issues. Not saying that the President may not have done this but it really is something that personalities generate and are usually cra- that dies off if ignored. Or as they say it court, "hearsay"

Your Covenants never trump the Statutes. You must read the Statutes carefully because they will say--"unless the govering documents state" which means the Statute gives power to the documents BUT in case there is nothing in the documents, the Statute gives you the number, percentage or whatever section you are looking at, some guide to follow.

The last copy of bylaws that were passed on to the members are the legal bylaws. Bylaw amendments are voted on by the members and every time that happens, those become the governing bylaws. Some association always file their amendments in the Clerk of Circuit courts office. My God, that costs $20.00 and is certainly worth it--aka, case and point, your current situation. My Florida HOA files everything.

Term limits exist in our covenants - by the very definition, terms ARE limited. They just refuse to abide by them.

Sorry if I am not making myself clear. This has nothing to do with relatives of former board members serving on board.

A recall of the entire board by all members is already in place - but not expected to be complete for at least 90 days.

But you all are right. It looks like the Board cannot get rid of the nasty by itself except for stripping him of his position and vote, he would still be on Board....unless members had a general meeting of all members to recall him - which would be too redundant on top of recall effort going on to remove entire board.

thanks all.

Quote">Posted By MelissaP1 on 06/18/2011 8:48 PM

I'd like more of an explanation as to why the spending money on the kitchen and chairs and such are such a misuse of funds? Plus, not clear on the road issue you wanted the money to go toward. Are they private or public roads?

WILL TYPE IN LARGE TO ANSWER
WE HAVE BY LAWS WHICH STATE ANY AMOUNT OVER $4000 BOARD WANTS TO SPEND, MUST HAVE
MAJORITY VOTE OF ASSOCIATION EXCEPT IN EMERGENCY SITUATION:

$22,000 SPENT ON CHAIRS, TABLES, UMBRELLAS FOR POOL AREA WITHOUT ASKING ASSOCIATION HOMEOWNERS FOR VOTE

$25,000 SPENT ON NEW KITCHEN WITHOUT ASKING FOR VOTE

$12,000 SPENT ON GYM ROOM WITHOUT ASKING FOR VOTE

ETC ETC

TURNS OUT THEY HAVE SPENT $250,000 + ON VARIOUS NON EMERGENCY ITEMS WITHOUT ASKING FOR VOTE OF COMMUNITY.

STARTING IN 2005 APPARENTLY NEW BOARDS STARTED IGNORING BY LAW RESTRICTING THEIR
SPENDING AND REQUIREMENT TO HAVE ENTIRE COMMUNITY VOTE ON ANY AMOUNT OVER $4000 TO BE SPENT EXCEPT FOR EMERGENCY.

DOES THAT MAKE IT CLEAR?

Are you all trying to remove the entire board
YES ENTIRE BOARD
or just it's president?
Do you have replacements for the people you are wanting to remove? YES WE HAVE REPLACEMENTS WHICH PEOPLE ARE VOTING FOR BY BALLOT.

I am confused if your trying to change your by-laws or just trying to remove people?
NOT TRYING TO CHANGE BY LAWS. TRYING TO MAKE BOARD ADHERE TO LONG ESTABLISHED BY LAWS THAT EVERY PREVIOUS BOARD (EXCEPT THE LAST TWO)SINCE EARLY 80'S HAS ABIDED BY.

How are your assessments collected and how often?

PRIOR TO THIS HAVE RARELY HAD ASSESSMENTS. OUR QUARTERLY MAINTENANCE FEES COVERED ALL. APPARENTLY THEY USED THE ROAD RESERVE TO BUY SOME OF STUFF, SO THEY DIDNT HAVE MONEY TO REPAIR PRIVATE COMMUNITY ROADS. SOME ROADS NEEDED REPAIR. NOT ALL ROADS. THEY DECIDED TO DO ALL ROADS AGAINST THE LOUDLY ANGRILY EXPRESSED OPPOSITION AT TWO BOARD MEETINGS.

How are these special assessments being voted it?
BOARD BY ITSELF VOTES ON ASSESSMENTS.

Would it not make sense that the HOA would have to raise dues because they have loans out there? Wouldn't they need to do the same thing if they did what you wanted them to do?
THERE WERE NO LOANS PREVIOUSLY. BECAUSE THEY USED RESERVE FUNDS (APPARENTLY SECRETLY) WHICH WERE PUT ASIDE FOR OUTSIDE PAINTING AND ROADS TO BUY GOODIES WITHOUT VOTED PERMISSION OF COMMUNITY, THEY SECRETLY TOOK OUT LINE OF CREDIT OVER 500,000 AND NEVER ADVISED US FOR 5 MONTHS THEY HAD DONE SO. THEY HAVE THE RIGHT TO ASSESS, THE RIGHT TO TAKE LOAN - HOWEVER THEY DONT HAVE RIGHT TO SPEND
FRIVOUSLY WITHOUT COMMUNITY VOTE CAUSING SHORT FALLS FOR PAINTING AND ROADS, WHICH BORROWING FROM FIXED RESERVES WE DID NOT KNOW ABOUT EITHER. WE ARE INVESTIGATING WHAT THEY HAVE SPENT ON AND WHERE THE MONEY CAME FROM.

TWO ISSUES.
1)BOARD REFUSES TO ABIDE BY LONG ESTABLISHED BY LAWS ALL OTHER BOARDS HAVE ABIDED BY PRIOR TO 2005, SAYING THEY ARE THROWING THEM OUT PHYSICALLY (ILLEGAL) AND ENFORCEABLY (WITHOUT OUR VOTE). HAVE NO OTHER BY LAWS - SO THEY ARE INVOLVED IN MALFEASANCE, PERHAPS MORE

2) RECALLING ALL MEMBERS OF THIS BOARD, PREZ IS A FEW MONTHS NEW WHO HAS BEEN INFLUENCED BY OTHER 6 BOARD MEMBERS TO SPEND SPEND SPEND. 3 BOARD MEMBERS HAVE REFUSED TO ACKNOWLEDGE BY LAW REQUIRING IF ELECTED CAN SERVE TWO TERMS THEN MUST
GET OFF FOR AT LEAST ONE TERM, BEFORE RUNNING FOR BOARD AGAIN. THEY'VE BEEN ON FOR 12 YEARS, HAS BECOME THEIR PRIVATE FIEFDOM

3) WE SUSPECT THE MAJOR PROBLEM IS THE CAM WHO ARRIVED IN 2004 ADVISING THEM HOW TO GET AROUND $4000 RESTRICTION. OUR COSTS HAVE DOUBLED. HE DOES MAKE WORK PROJECTS WHICH TURN OUT NOT TO WORK. HAS NO ELECTRICAL, PLUMBING OR IRRIGATION LICENSE BUT HAS DONE ALL.

4) MUCH UNTRUTHFULLNESS GOING ON WHICH IS WHAT MADE ASSOCIATION SUSPICIOUS. WHEN ASKING HOW MUCH DID THIS COST? DIFFERENT ANSWERS. WHEN ASKED WHERE DID THE MONEY COME FROM: 2 DIFFERENT ANSWERS, WHEN ASKED HOW MUCH IS THE LOAN, 3 DIFFERENT ANSWERS, WHEN ASKED THE INTEREST RATE? 6 OR 8 PERCENT ?????? FIRST OF ALL THAT'S EXORBITANT WITH LOW INTEREST RATES, WHEN ASKED WHICH BANK, TOOK FROM FIRST BANK, THEN CHANGED BANK.... LOTS OF DOUBLE TALK. AS THE SAYING GOES SOMETHING STINKS IN DENMARK -