HOA not in compliance with Statute 720

Started by BarbaraC11 • 10 replies • 1684 views

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BarbaraC11 (Florida)
Posts: 4

Posted:

My HOA does not observe any of the requirements set in Fl 720. The ONLY correspondence we recieve from the HOA is the dues request once a year. They do not post or hold annual meetings or send out any other info relating to Financial statements or By-Laws. Because of this I am refusing to pay the dues. What can the homeowners do to get a new board. We do not even know who the Board members are other than looking at the Florida website once a year. Any advise would be greatly appreciated.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here's a thought...PAY YOUR DUES!!! Protesting by not paying is just about the dumbest protesting idea ever. You risk losing your right to vote or run for a board position because your NOT in good standing. You cause the HOA to spend more money dealing with your non-payment of dues thus causing them to possibly raise the dues to cover that cost. All in all...Your disastified with your HOA...GET INVOLVED IN YOUR HOA!!!

THERE ARE NOT THEY OR THEM IN A HOA...IT IS ONLY YOU AND YOUR NEIGHBORS!!! Don't expect experts and don't expect people to know what they are doing...Just know most are doing the best they can with what they got...

Former HOA President

BarbaraC11 (Florida)
Posts: 4

Posted:

In response. I am more than willing to pay my HOA dues. However, I have requested Financial statements many times and even sent as certified mail to the HOA P.O. Box and do not receive any response. The certified mail was returned unsigned as was my last HOA dues payment that I had sent certified to the HOA P.O. Box. I apologize if there was misunderstanding in my prior post. The HOA does absolutely nothing other than collect dues. They do not even have meetings. I am trying to get involved, I would just like helpful information on how to do so.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Barbara,

You certainly are being kept in the ark with who is taking care of your association. There must be a Board, there must be someone paying the bills or someone collecting the dues. because your certified mail with the dues in it was returned, tells me that no one is minding the store.

You need to contact the State Not For Profit division in Tallahassee and find out if the corporation is still certified or if it has gone defunct.

What is there in common area expenses? Gate, lights, grass areas being mowed? Do you know the name of any Board member? Try calling or something to make a connection.

BarbaraC11 (Florida)
Posts: 4

Posted:

I have the name of the Board members by looking up the website where they file each year with the state, so we do have a board. I and a few other homeowners have tried several times to get information. We even went to the HOA president's house and were told to leave before he sights us for trespassing! I tried forming a recall meeting by following all of the state guidelines and 2 of the Board members came and disrupted the meeting telling everyone I was out of order and basically caused enough doubt that no one would cast a vote, fearing that we were not following the By-Laws. However, there are no By-Laws. I even went to an attorney to help with the research. I am not the type of person to not pay what I am obligated to pay. However if I have no idea where this money is going, I am extremely reluctant to keep sending money. Many of my neighbors are feeling the same way. We need to remove the Board plain and simple.I just want advise on how to procede with a Board that refuses to comply with any request. By the way no one voted them in. They just intimidated the former president into resigning and they self appointed. This all happenned before I moved there. I have lived there ten years and there has never been an election!

DoloresM2 (California)
Posts: 60

Posted:

One thing I would advise you to do, is to pay your dues while you investigating them. No matter what happens, the fines they levy will be almost impossible to reverse and you are risking your home.

I am not familiar with the laws in your state, but if possible, you might want to start with small claims court to get their attention. You can do this in California if they refuse you to access to records. Good luck.

BarbaraC11 (Florida)
Posts: 4

Posted:

Thank you for your suggestions. I have tried to pay my dues. I sent certified mail to the P.O. Box....twice only to have them returned to me. When I spoke with the HOA pres. about it. his response was" I do not accept certified mail" I did it once and ended up in a lawsuit. What am I to do? I do not want to not be in good member standing, but I also should be able to send a personal check certified if I am more comfortable with that. I think the reason he does not accept is because I also send requests for Financial statements with the check and he is aware of this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Barbara,

If delivery cost isn't the issue, then send the items by a delivery service. This would give you the documentation that the items were delivered and no need for certified mail.

Tim

PetunkaM (Florida)
Posts: 1,009

Posted:

Barbara,

Chapter 720.311 talks about Dispute Resolutions. Perhaps the membership ought to take that route first. Or, you may contact an attorney well versed in the area of HOAs and ask for a consultation. Whatever you do, make sure you have everything documented. Are you implying that the Board was not elected by the membership? Is your President also a treasurer?

CarolF (Florida)
Posts: 435

Posted:

Please tell us if your Association might be still controlled by the developer. Do you really have an association that has been turned over to the homeowners?
Have you lived there long? What information were you given when you bought the home?

CarolF (Florida)
Posts: 435

Posted:

Sorry..........I read through your posts and see that you have been there 10 years. When did transition occur?

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