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SimoneT (Florida)
Posts: 116
Posted:
Does anyone know how to start the steps to change some of the statutes for HOA's? I am in the process of writing my senator to find out what we can do to change the law(s) that pertains to homeowners that are not here all year round but are board members. Many of us in the community feel that even though you are a homeowner, you should NOT serve on the board if you are NOT here all year round. Reason being that come summer, when we sometimes get hit by hurricanes for instance, I live in Florida, our board members are not around to assist, help, organize, distribute, nor see the damage done. Their only answer is, you can send us an e-mail. What can they do for our community and our neighbors if they are NOT here? Just asking.
BrianB (California)
Posts: 2,820
Posted:
Why do you keep electing them?

It seems that every year, your owners have a simple solution to the problem. Cast a ballot, and elect someone who DOES live there in the community. Do you really need a LAW to make you stop voting them in?

SusanW1 (Michigan)
Posts: 5,202
Posted:
In this day and age, with all electronic media, all your concerns could be dealt with.

A bad board member is a bad board member, whether they live there year round or not.

As long as the board member is an owner, I see no reason to get all riled up about it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Simone

I see it now. A very positive campaign on why one should vote for you to be on the BOD. Be positive, take the high road.

Our past BOD's have done the best they could in their part time. I thank them.

The times are changing. Becoming more difficult, requring more attention and time. I am here full time, year round folks. I can better represent us all at all times.

Simone For All Times

Even those that do not live there year round, want their interests look after year round.

Simone 24/7

Simone is Here

LOL....LOL
LarryB13 (Arizona)
Posts: 4,099
Posted:
A board's job is not to deal with every detail. The board's job is to hire the people to handle the day-to-day stuff. Why is your board not doing this?
TimB4 (Tennessee)
Posts: 21,061
Posted:
Simone,

You start by contacting your legislative representative and explain the issue. Give both the pros and cons with as much documentation as possible. Then you provide them with a possible solution (written language for a law). Doing this in person is typically better than via letter or e-mail. You will have to "sell" the idea to whomever you first speak to in order to get an appointment with your representative.

Have some questions handy for them to show you have done your homework. Perhaps starting with whomever sponsored the recent HOA laws or amendments to those laws.

Tim
SimoneT (Florida)
Posts: 116
Posted:
This is really NOT an answer to my question, but when the majority of a particular group are rich and can pay people to collect signatures on ballots, it is very hard, to say the least, when the rest of the owners work for a living. And yes, if this helps the problem that we have, and I am sure it happens to other HOA's, then YES!, we can try to do what will work for us. This is still America, thank God! That is why I am asking, and TRYING TO DO SOMETHING ABOUT IT. Thank you for your reply.
SimoneT (Florida)
Posts: 116
Posted:
This also does not answer my question. I do not agree with your statement, "A bad board member is a bad board member, whether they live there year round or not.". YOU don't live here, so you would not understand all the problems we have. Thank you for your reply.
SimoneT (Florida)
Posts: 116
Posted:
LOL, I am sorry, but I did not include the names to my previous answers. I am following the order in which they are read.

@JohnC46: Yes, I was nominated in January, along with three other people that are very interested in what is going on. According to the board, we needed around 143 people present at our Annual and Voting Meeting since we have about 450 homes. Only 75 were present including signed Proxies. So, now we have to wait until next year. But, will be ready. I hope anyway, LOL! Thank you for your reply.
SimoneT (Florida)
Posts: 116
Posted:
@LarryB13: Yes, they hire people to look after THEIR own interests. When we got hit by Wilma, they only "assisted" one side of the park-THEIRS. Noone came to our area for ANYTHING. We had one neighbor in our area with a truck to hand out ice and food for those that could NOT do for themselves: car smashed, home unlivable,etc. We appreciated his efforts, and think very highly of him. Also, the previous manager that we had did do something to help at that time. She went around the neighborhood and spoke with people, and also handed out water and ice, the present managers already stated they won't do this, and other things. So, time for a HUGE change, LOL! Thank you for your reply.
SimoneT (Florida)
Posts: 116
Posted:
TimB4: Finally, an answer to my question, LOL! I already started writing my pros and cons. And doing some research. Can you tell me how do I find out information about who sponsored those laws? Anything to put me on the right track will be appreciated. Thank you so very much for replying.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Simone,

You would need to look at the bill itself (or perhaps pending bills).
You should be able to do this via your State legislators page.

TimB4 (Tennessee)
Posts: 21,061
Posted:
Simone,

You would need to amend FL720 if you wanted to exclude non-resident members. This is because the law clearly specifies:

"All members of the association are eligible to serve on the board of directors"

I think I understand your reasons and you have some valid points. However, looking at it from another perspective, a nonresident member pays the same amount of Assessments that you do. I think you will find it difficult for any government representative to agree to saying that someone has to pay their fair share but has zero right to be part of the decision process on how that money is spent just because they have a job that requires them to live outside of the Association they own property in, live in part time and pay the same assessments everyone else does.

However, if you wish to try, I looked at FL720 and if you go to the bottom of the section of the law your looking at it will tell you what bills the language came from. For example: the section I cited above comes from:

History.—s. 38, ch. 92-49; s. 56, ch. 95-274; s. 4, ch. 96-343; s. 1718, ch. 97-102; s. 47, ch. 2000-258; s. 4, ch. 2003-79; s. 22, ch. 2004-345; s. 19, ch. 2004-353; s. 13, ch. 2007-173; s. 25, ch. 2010-174; s. 19, ch. 2011-196.

Hope this helps and I wish you luck.
Let us know how it works out.

Tim
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By SimoneT on 03/02/2012 5:04 AM
LOL, I am sorry, but I did not include the names to my previous answers. I am following the order in which they are read.

@JohnC46: Yes, I was nominated in January, along with three other people that are very interested in what is going on. According to the board, we needed around 143 people present at our Annual and Voting Meeting since we have about 450 homes. Only 75 were present including signed Proxies. So, now we have to wait until next year. But, will be ready. I hope anyway, LOL! Thank you for your reply.

So, out of 450 homes/owners, at least 375 of them are very happy with the current board, and see no reason to change it. That's not too bad a percentage!

Good luck next year!
JeffR7 (California)
Posts: 251
Posted:
Simone, this is not an answer to your questions and I, probably, don't understand the situation there as I don't live there (not sure why you asked a questions if you knew none of us live there and therefore don't understand it).

Do you realize that the law you are proposing will never pass and no legislator will ever take on? You are talking about Florida where a significant population of people are snowbirds (especially southern Florida) but many of them become Florida residents later in life. Do you really think anyone will want to alienate that voting group?

That's not to say that if a significant percentage of your owners are snowbirds what do you think gives you a right to take their point of view away from the board? They have different issues than those that live there full time and have different priorities. If they are a significant group they should be represented.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Simone

Many states/municipalities like older folks as they generally contribute far more then they use. One of the biggest economic effect is they generally do not have children in the school systems. Some states are looking to cut tax deals on retirement income to encourage older folks to move there.

I would say you do not have snowball's chance in he!! of changing anything at any level of government concerning "part time" residents epecially if they do not bring nippers....LOL

I suggest you spend your time and effort on your own association.

Hope this helps.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Jeff's on target, Simone. Do not waste your time trying to change Fla. statutes. Legislators are not about to remove rights from this group of people. Instead, as others advise, do what you can to improve your HOA.

Get your neighbors' support, attend board meetings with many others, work on management to do its job better. Read management's contract. Are they doing what they're supposed to do? Read your governing documents. Is the board doing what it's supposed to do?

How many are on your board? What size is your Association? Detached homes, mobile homes, or what?
SimoneT (Florida)
Posts: 116
Posted:
@Everyone: I came to this site because it was recommended. Someone thinks very highly of this website. They said that people are very professional and very knowledable. When I ask a question, I expect answers to that question. I don't need someone making light of our situation by saying "....I see no reason to get all riled up about it." Or "Why do you keep voting for them?" If I need to understand someone better, I ask them more questions. I do not make them feel like their feelings or thoughts do not matter. Or maybe it is just the tone or the attitude that came through. I apologize if I ruffled some feathers. So, moving forward:

Hello BrianB: No, actually they are not happy. But, unfortunately, work schedules do not ever make it possible for many people. Management also says that they would not make their employees come on weekends because they won't get paid. So, no meetings have ever been held on weekends. The economy being the way it is, many are afraid to approach their bosses about taking a couple of hours off since many are being pushed to work more than they did before. Many are afraid to lose their jobs if their bosses feel they are not reliable. BUT, we (there are five of us-one Irish, one Hispanic, two white American and one Italian)that have been going around the neighborhood speaking with people who want to see changes, and letting them know how important their involvement is, and to make it to the meetings quarterly or so if they can't do it every month. Thank you for your reply.
BrianB (California)
Posts: 2,820
Posted:
Simone

Sorry to say, but in my opinion, those are excuses.

If I really felt that someone was doing something wrong, then I would do what I could to oust them.

I hear what you say about "losing work" and losing money and time is valuable, but here's my counter...

How long does it take for a person to sign their name? two seconds? Maybe five?

that's how long it would take each of these people to sign a simple proxy, and cast their vote for someone else to be on the board.

the fact that they don't even work up enough energy to sign a name to a piece of paper, to spend 5 seconds to change their lives for the better, tells me that they don't want to change anything.

I know you want sympathy, but I have little to none for people who won't even bother to vote.

SimoneT (Florida)
Posts: 116
Posted:
Brian

You are correct. But, I have been there and done that. I understand how they feel since I went through the experience of losing a job and NOT finding work for six months! Now, I am single, have no children and this was very stressful indeed, so when you have children, it is a very different story. I, we, do NOT want symphathy. We want to find solutions to our problems. I am just stating what we have to work with. We are now trying to do something about that. Two of us started going around the neighborhood last year to meet neighbors. We are both disabled. With just the two of us, it is time consuming to do that with 475 homes. Sometimes they are not home. We could not do anything this year in regards to proxies because I was very sick at the beginning of the year, and my friend had an emergency and needed to go to Connecticut to assist her daughter. We are trying to also educate our neighbors about how a board, voting, and meetings go. Some do not understand the system. Now, I wrote a letter for our community in regards to that to be published in our newsletter, and have met with some resistance with the board. Meaning, that it has been almost two months since I put in the request. We already had a "meeting" about this in February, and now we have to wait until our next board meeting on Tuesday, March 6. My question is, is there always some "red tape" just to publish something in the newsletter? What exactly is the community newsletter for? Thank you for your reply.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Simone

Generally a newsletter and/or community web site is managed by a committee appointed by the BOD. Do not expect them to publish anything, anybody wants published especially if it contains accusations without proof.

SimoneT (Florida)
Posts: 116
Posted:
Hi Carol.

I agree. We have been trying to improve our HOA since last year. Our problem is not so much with our management company, as it is with our board. Two of us just started asking questions about statutes, and are researching it. Even if we get nothing accomplished with statutes, it does not hurt to learn about how laws come into existence, and how they get implemented. There were laws that a group of people could not enter a restaurant, and that was changed. And many told the Wright brothers to stop what they were doing, because man would never fly, etc. If one does not try, one will never know. Thank you for your reply.
SimoneT (Florida)
Posts: 116
Posted:
Carol:

Sorry, I left out answers to your questions. We have 7 on our board. We have 475 homes, about 50 are foreclosed. We are a Real Property mobile home park. We own the land. It is beautiful here, and very quiet. Lately, we have had some break-ins, but overall, it is worth it. I have been here for 13 1/2 years now.
SimoneT (Florida)
Posts: 116
Posted:
Hi Jeff:

I already answered your first statement in another posting. These people are NOT USA citizens. They are Canadians first and foremost. They have their home in Canada. This is only their vacation home. Many have their own firms or companies in Canada. Don't they pay most taxes in Canada? They do not vote here. In this community, they are not the majority, out of 475 homes, they are only about 98. I like Canadians. I have some friends that are Canadians. They are very clean, and maintain their property. The group that we have here are very snubbish and look down upon others different than them. Some do not even say good morning when you greet them. This attitude is not American. Thinking that noone else speaks french, they have said, "These are very stupid Americans". Why should people that are not USA citizens have more clout or rights? Just asking.
SimoneT (Florida)
Posts: 116
Posted:
Hi Tim:

I will make copies of FL720, and read. Where did you get the history from? The same FL720 or another book or website? Thank you so very much for this information. You are great!
SimoneT (Florida)
Posts: 116
Posted:
JohnC46:

We have no committees in our association. The only thing they have is a French Club. We want to start some. The newsletter here gets reviewed and accepted by the board. We want to inform our community about what is going on in our community. Explain why we could not vote since we did not have enough representation from the community. It goes without saying that negative garbage should NOT be published. I do have a problem with them in regards to writing things in French and publish it in the newsletter, but not in Spanish. Just like Canadians that do NOT speak English, we have some Hispanics that do not. I also translated what I wrote in Spanish. One employee that works in the office is from the management company, she speaks Spanish and can verify if the translation is correct. Thank you for your reply.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By SimoneT on 03/04/2012 6:36 AM
Hi Tim:
Where did you get the history from? The same FL720 or another book or website? Thank you so very much for this information. You are great!

If you read FL720 online, you will see small print at the end of each section.
This is the History of where the law and amendments came from.
Most States have something similar.
BrianB (California)
Posts: 2,820
Posted:
Simone, remember that according to the 2nd Amendment, you are free to publish your own newsletter, and even distribute it.

Good luck with getting the others in the community to become aware, interested, and active!

SimoneT (Florida)
Posts: 116
Posted:
Quote:
Posted By TimB4 on 03/04/2012 8:11 AM
Posted By SimoneT on 03/04/2012 6:36 AM
Hi Tim:
Where did you get the history from? The same FL720 or another book or website? Thank you so very much for this information. You are great!


If you read FL720 online, you will see small print at the end of each section.
This is the History of where the law and amendments came from.
Most States have something similar.

Hello TimB. I will check it out and read. I did not know this. Thank you for your reply.

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