Action Without Meeting

Started by KarenP8 • 3 replies • 1925 views

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KarenP8 (Florida)
Posts: 2

Posted:

Hi I am new to this and have some questions. Last year I was elected as a Board Member and was not liked by the other members. I asked too many questions. Are election was in August 2010 and Jan 2011 they recalled me. I filed with arbitration with the state of FL and won and I am back on the board. They are using a form Action without Meeting and homeowners are very upset. I brought this up at the last board meeting and was told because they are a corporation they could do this. After I was removed from my position which was Jan. I was placed back in June. The Lawyer kept making motions and dragged it on forever. Another board member died and another was let go because he missed too many meetings. So they only had 2 on the board and we started with 5. So my question is can they use this form without homeowners input and make decisions? They make up there own rules when it suits them. And being on the board with them is horrible because they hate me because I am asking to many questions. So if someone could please clarify this for me I would really appreciate it. Another question is next month we are voting again for a new Board and I would like to run again and hope this time I will have people who will work with me. But instead of voting on 5 members which we started with they are only voting on 3. Can they change the number of Board Members without having a meeting of the homeowners?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Kathy:

You must follow your HOA documents and what they state regarding number of Board Members unless properly amended pursuant to your documents. Can you get 5 individuals who are willing to be elected? If not, then potentially it might be better for the future of the HOA if everyone agrees to change to 3 members.

Are you single family homes or condos? This will determine what state statutes you fall under; however, in FL the general rule is all meetings are to be open to all members. Whether they want to participate or not is up to the members, but they do under the law have the choice to attend.

JamesC (Maryland)
Posts: 282

Posted:

Karen:

You post is a little confusing.
1st) How many units are in your HOA. Are you a Private Community?
You must be in a fairly large community to have become involved with an arbitrator.

2nd) If you were elected by the homeowners of your Association, who recalled you? Was it the homeowners who elected you to serve on the board?. What were the reasons given for your recall?. Has to be more then just because you ask questions?????

3rd)Our HOA has nine (9) board members with three being elected each year. If yours has five (5) I doubt all five are elected at the same time, so maybe the terms of the two remaining members next month will not have expired.

Jim

KarenP8 (Florida)
Posts: 2

Posted:

Hi Jim
There are 132 homeowners. Yes I was elected by the homeowners. But the other Board Members told the homeowners that I was stealing money from the association and that there dues would be going up because of this. After sending a letter to the homeowers and they thought about what they signed they agreed they made a mistake. The Management Co who runs this community should not be in the business they lost the recall because they did not follow the Statue for filing a recall that is why i won.
They say I challenge to many things they bring up. My neighbor put up a fence blocking my view of the pond. He never got permission to do this and then after filing against him he had to removed the epieces of fence that blocked my view. Then they held what was called "a special meeting" which there is no such thing. Then they went from home to home looking to fine people for not having they grass cut and other stupid things. One home we went to there was a key in the gargage door and they were going to go in and I said you can't to this and they just did it. Went into someones home. I left. The list goes on and on. Last August was are election and 5 members were voted in. So all the members term will be finished.

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