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SteveC4 (Florida)
Posts: 154
Posted:


OK: Went to a board meeting a few weeks ago.....IM located in Florida and the manager is asking to send leeter to homeowners for an assessment of an estimate cost of $17,000 for resuring/relining the pool.....I ask why isnt there any proposals??? I suggested that I would like 3 proposal, he stated that we can have the home owners pay in quartly of $50.00 starting Jan 2012...by the end of 2012 should have all payments.

Mind you when I ask about getting 3 proposals the other board members just look at me...they all are over 70 and they listen to what ever the manager suggest they all agree.

Manager stated that the State of Health Code is going to request the pool to be relined/resurfaced.....I was curious as too why he never brought a inspection report??? but no one was interested in getting any proposals.

Manager sent letter to all homeowners....stating that there is an estimate of $17,000 for the pool to be relined/resurface....I was very disappointed that he didnt listen too me about getting 3 proposals...before sending this letter....so what I did was called the health department coing and spoke with an inspector and got the inspection report and on the report doesnt state that the pool needs to be resurface/relined.

So I called a pool company and will get a proposal on what needs to be done for the pool. we have another meeting next month will bring the proposal to the meeting and the inspection.
PetunkaM (Florida)
Posts: 1,009
Posted:
Manager stated that the State of Health Code is going to request the pool to be relined/resurfaced.....(Steve)

Well, he did not say the Health code requires the pool to be resurfaced now. Perhaps he thinks in a year it could be a problem? And, yes. You are most likely required to get three proposals and it is a good business anyway.

PeterD3 (Florida)
Posts: 708
Posted:
Are you an HOA or Condo?

Florida HOA statutes (Chapter 720) DO NOT require any number of quotes/bids nor is the assoc. compelled to choose the lowest quote/bid.

However, there are Fl. Ch. 720 requirements before an assessment can be levied in addition to what MAY be contained in your HOA docs.

If you are a CONDO, Co-Op, or other corp., then the laws are likely different and I cannot comment on those.
SteveC4 (Florida)
Posts: 154
Posted:
Hey PeterD3: These are townhomes
SteveC4 (Florida)
Posts: 154
Posted:
PetnunkaM: the end of this week will get a proposal from a pool service company and will get an idea of what they think needs to be done!!!
PeterD3 (Florida)
Posts: 708
Posted:
You can still be an HOA and most likely are.
DavidW5 (North Carolina)
Posts: 565
Posted:
Have you asked to see the latest reserve study? Funds should have been set aside each year to accumulate enough to cover this repair/replacement without the need for a special assessment.
SteveC4 (Florida)
Posts: 154
Posted:
Just wish the manager didnt sent the letter out to the homeowners stating that the estimate will be $17,000...IM hoping that it dones not pass.......we have another meeting in Nov and then he will sent out the voting forms.....I will then request him that we need 3 proposals to get the exact amount of what we need to complete the pool repairs.
SteveC4 (Florida)
Posts: 154
Posted:
DavidW5: yes at the meeting he showed the proposed budget for 2012.....and what we collect in total is what goes out to the bills each year.....he blames that due to some that are in the rearage we are short in reserves....same old same.
PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By SteveC4 on 10/10/2011 4:38 PM
Just wish the manager didnt sent the letter out to the homeowners stating that the estimate will be $17,000...IM hoping that it dones not pass.......we have another meeting in Nov and then he will sent out the voting forms.....I will then request him that we need 3 proposals to get the exact amount of what we need to complete the pool repairs.

You have not stated that you (know if) are an HOA or... whatever.

YOU need to get some information before you begin making waves/requests.

HOA owners/members DO NOT vote for assessments that is the BoD. However there must be proper meeting notice if an assessment is to be considered. For an HOA it is 14 days.

YES three proposals is a sort of defacto standard but it is not law for a Fl. HOA.

Reserves should be collected for known reoccuring repairs/replacements based on estimated lifetime(s) but it can be waived as long as it is stated that funding is not being allocated in the budget proposal(s).
SteveC4 (Florida)
Posts: 154
Posted:
PeteDe ;IM on the board as well!!! special assessments are voted by the homeowners...not just the board,....and besides dont think the board should make all the votes...after all the money is all the homeowners as well not just for board members of hoa.
PetunkaM (Florida)
Posts: 1,009
Posted:
Oh Dear Steve, am I disappointed in you because you –as a Board member- could not answer a simple question – asked by Peter- if you are a condo or an HOA. You know, townhouse can be either.
SteveC4 (Florida)
Posts: 154
Posted:
HOA
PetunkaM (Florida)
Posts: 1,009
Posted:
Steve, in which case was ther a 14 day day notice to all members the BOD was to discuss special assement?
SteveC4 (Florida)
Posts: 154
Posted:
No the manager mention it at the HOA meeting about the $200.00 assessment for an estimate cost of $17,000 for pool resurfing/relining.....and I was against it due to there was no proposals....and the fact he stated an estimate cost of $17,000. So he sent letter out to all the homeowners aksing all to consider this assessment ,
PetunkaM (Florida)
Posts: 1,009
Posted:
Steve,

Now I remember your previous post regarding this matter. Do get a couple of quotes from the pool builders and make sure the ‘code’ stuff is really legit. In other words,try to find out if the resurfacing is an improvement (esthetic issue) or maintenance? Do you think it should be done next year? I cannot figure out what the management company is doing. But, again, I did not read your By-laws to understand your voting requirements for the pool area. Regardless, Chapter 720 is clear about money management for all pool expenses/income.
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Steve,

If you would like to validate your need for multiple bids to your president and board, please check out the Florida statutes (chapter 720) which states..............

720.3055
Contracts for products and services; in writing; bids; exceptions.

(1)
If a contract for the purchase, lease, or renting of materials or equipment, or for the provision of services, requires payment by the association that exceeds 10 percent of the total annual budget of the association, including reserves, the association must obtain competitive bids for the materials, equipment, or services. Nothing contained in this section shall be construed to require the association to accept the lowest bid.
.............................................................
Based on a previous post of yours, (98.38 x 28 units x 12 months) your annual budget should be around $33,000 and I'm assuming your reserve funding is included in your monthly assessment. If so, the $17,000 needed far exceeds 10% of your annual budget..... thus, multiple bidding is necessary.

HTH,

Ann

PS... The requirement to obtain competitive bids is waived in emergency situations and in situations where the association’s selected contractor is the only source of supply within the county serving the association.
PeterD3 (Florida)
Posts: 708
Posted:
Quote:
Posted By SteveC4 on 10/10/2011 5:12 PM
PeteDe ;IM on the board as well!!! special assessments are voted by the homeowners...not just the board,....and besides dont think the board should make all the votes...after all the money is all the homeowners as well not just for board members of hoa.

That maybe the way you choose to do it but it is not mandated by state law.

What are the meeting quorum requirements for members and what are the percentage "yea" to "pass" the special assessment?

So if not enough show up or not enough votes to pass then required maintenance or replacements don't happen?

DavidW5 (North Carolina)
Posts: 565
Posted:
Quote:
Posted By SteveC4 on 10/10/2011 4:41 PM
DavidW5: yes at the meeting he showed the proposed budget for 2012.....and what we collect in total is what goes out to the bills each year.....he blames that due to some that are in the rearage we are short in reserves....same old same.

There is an old saying regarding savings -"pay yourself first". In the case of an association, this could be stated as "pay reserves first". Your board is not fulfilling their fiduciary duty to the members of the HOA. The budget process should start with allocating an appropriate (based on a reserve study) amount to replacement reserves. Then and only then should additional funds be allocated to ongoing operations. If there are not enough funds left, after funding reserves, to cover essential services, then the monthly dues need to go up. Any other method of budgeting just kids the problem down the road and you end up with a large special assessment.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Many boards, depending on makeup, will rely on their property manager as a de facto president. An inspection report from county inspectors will result in either a "pass" or "fail." So, there's no grey area. Yes, a pool can fail inspection for non-maintained plaster, but you only learn that upon receiving your "fail."

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