HOA with 3 members only

Started by TeresaT3 • 7 replies • 1533 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TeresaT3 (Florida)
Posts: 3

Posted:

I am a president of HOA for 3 attached unit condo in Florida. Our problem is that two end units owners (including my self) are willing to build a new fence around the building and the common area for safety purpose. The owner who is in the middle is not willing to vote for this project although we offer to split the cost between the two other members. he don't meeting and make all kind of excuses. The question I have can we go ahead with the project with the majority of the vote 2-1. I am new to condo laws and been voted to be the president. Were is the best side for learning more about this role.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Well you still have some things to work out.

- Does it need 100% vote to do the fence or just a majority?
- Once you move away, who is legally responsible for maintaining the fence?
- Can you get his vote in writing so he doesn't need to attend a meeting?
- Do your ccr/bylaws allow for a fence in the first place?

TeresaT3 (Florida)
Posts: 3

Posted:

-I dont know if fence installation need 100% vote or not? we are 3 members only.Two votes for the project.
Fence installation is a must as the exsisting fence is in very bed shape and we kept repair pieces of it put still not holding together. The third member is giving us a partial approval to do fence around one end unit and not the other.He send asking to meet to discuss again this issue. It has been a year long of meetings.And summer approaching and we need to proceed.

- Once we move away, I believe HOA is legally responsible for maintaining the fence.
- What is ccr/bylaws? Our city have accepted a permit for fence replacement.

BrianB (California)
Posts: 2,820

Posted:

Sorry to pick on you Teresa, but I can think of very few things scarier than these two sentences in the same context:

"I am the president of the HOA..." and "What are CC&R's/By-laws?"

CC&R's are the rules and regulations that govern your HOA living..what owners can do, can't do, etc.. By-laws are the rules set up by your HOA on HOW they will do business, things like elections, meetings, committees, voting, etc..

The fact that you don't know either one makes me understand why your HOA is having problems. You cannot run a business without knowing the rules, and those two things are then rules for your business, the HOA.

TeresaT3 (Florida)
Posts: 3

Posted:

You are right I am new in condo buisiness. We bought a unit few month ago for my daughter and we don't live there. I live 5 hours away. No one is willing to step in to be the HOA president so I took over. We have one owner as the secretary taking care of budget. The third owner dont want to be involved.Since your email I have request copy of CC&R's/By laws to learn more about it. Thanks for your help.

BrianB (California)
Posts: 2,820

Posted:

once you get those T, read them. set them aside, and read them again.

They will be your Bible, your "rules to live by".

Best of luck. It is VERY tough to be an absentee owner, let alone an absentee president of an HOA of 3, where no one knows much about the rules and regs. I feel sympathy for you.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Teresa

In the original post you said build a new fence which could imply there was no fence there.

In a later post you said a fence existed but was costly to maintain and maybe it should be replaced.

Not to split hairs, but these can be two very different issues and treated as such in docs. New (as in nver there) might mean all have to vote for (3 out of 3) whereas replace/maintain might well be with the power of the BOD thus a 2-1 vote and it is replaced.

Hope this helps.

GlenL (Ohio)
Posts: 5,491

Posted:

Teresa, in addition to your CC&R's you will also have to follow Florida Condo Statutes which you can read here: http://www.flsenate.gov/Laws/Statutes/2011/Chapter718

Studies show that 5 out of 4 people have problems with fractions

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here