Fl HOA ELECTIONS – WORSE THAN IN A BANANA REPUBLIC

Mr. Bergemann is biased towards the HO. Not a problem, that can be insightful.

But I find his example porous.
There is only one requirement in Fla to run for an HOA/Condo BOD...Membership (in good standing et. al.). No committe could disqualify otherwise.

This case (author) assumes that a court would not expcect an HOA that has just elected and (re)SEATED directors immediately following the [election] meeting could not have results available within 30 to 45 days.

Then immediately following the 30-45 day timeframe I would make the request for records inspection following the Fla statutes' prescribed manner EXACTLY.

Then if not received within 10 days commence pursuing the issue with the courts.

That leaves 5 days from the election to fall back on the DBPR.

The sky is not falling.

Currently the only issue DBPR will handle for HOAs is Election and recall disputes.
http://www.myfloridalicense.com/dbpr/lsc/index.html

Let me add something. It's good to read these sites as it can give an idea of issues an Association should try to avoid. However, I like to trust but verify any claims made on any website. In this case, I would suggest reading the actual bill (gotten from the State's website) being proposed. Then make your own, informed opinion.

It would appear Marlee has taken to spreading the "word" as to what she thinks is widespread misbehavior throughout the HOA system in the state of Florida. One of her last posts serving notice about some appeal process begun back in 2005 in Florida got maybe 3 responses. So it would seem not many are searching for the "news" Marlee decides to share.

Now Marlee hits a website with an anit-HOA leaning and posts this as some proof positive that in HER mind and the mind of the author widespread fraud and illegal activities occur throughout their state.

I just have to wonder all this for what purpose? Will this change what has taken place on HER one property? NO. Will this result in statewide refrom that suits Marlee and her kind? NO. Will this accomplish anything positive? NO. Does this add or share useful information to the other people who come to this site that don't view every HOA as evil and wrong? NO.

Like Mike the zealot from Mass. Marlee appears to be on her own crusade fidning what she believes is evidence supporting her views but failing to realize not many are listening or looking for her version of reality.

My suggestion work to change things where you live first BEFORE you set out to change the world. Marlee it seems is unable to affect change in her own property now she searches for fault throughout the state of Florida!

"A positive place for community association leaders to share ideas and learn" Guess Marlee must have missed that.............

Marlee is an unhappy camper who now views fault everywhere. Sounds like Mike.

I wasn't going to post this...but, some on this forum like to blame others for criticizing the HOA Boards.
I want to send this email below (names and all ID removed) from a Board Director to a HOA member who was running for our Board. There were 3 incumbents running for their seats and one member for the HOA running. The new member mailed out a flyer with a picture of himself in a tie and white shirt. His formal life was Superintendant of public schools in his district. He and his wife are new to the HOA.
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Rock et man,
Now come on! You sent your brochure picture and all to ---- and not me. Not even --- . You look good ! I loved the tie and the jacket. I threw out all my jackets and ties when I came here. I threw out all my white shirts. I had to buy a suit and a white shirt for the wedding! I'll use that picture in my brochure although I look like Tony Soprano! You look very mid western. Heck come on, I'll teach you to swim in the ocean. It's a great experience. I have 4 boards you have 4 computers. I'll teach you to surf. I hear that even your food in Minn. is white . I got that from a guy here who lived in Minn. for ten years. He'll be at the meeting.Lots of ____ are coming. I love ______ though. If you are not elected this yr. you and I may run against each other. I cannot wait ! Although I am trying to recruit someone who has impeccable credentials here and in her past professional life, far superior to you. Good luck Thursday. Hey what happened to the guy who cried and said he was dropping out and moving. I never believed that for a minute. Oh and I spoke with ____ today. You should be ashamed. You intimidated them. That was not neighborly and quite frankly a desperate move. I'll speak with _____ about that.

Oh and why did I get a zip drive e mail from ____ with an invoice made out to ___? That was very strange. Looks like____ provided some services to you that she is asking for compensation. No, Yes?. I am sure you have 5 rationalizations for that obvious e mail. Good luck Thursday! We'll have some fun!
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So whadda ya all think? Maybe some of you here will realize what some of us here are dealing with.

Marlee

I apologize. I should have said boresome. My bad.

The issue I have with HOAs are that in some isntances you have people not fit to serve in charge and these petty individuals abuse their authority. With the power that comes with the position, the homeowner can become overwhelmed which is why I support any HOA reform that increases regulation and requirements (some may call burdens) on the HOA.

The HOA I dealt with was not even my own. They didn't follow the statutes because they claimed they were not governed by 720. I was not even a member yet they threatened legal action unless I paid them what they called a "mandatory maintenance assessment." I was denied entrance into their meetings. They refused to communicate with me. My only choice was to obtain a lawyer and spend countless dollars following the law and defending my property rights - defending the original covenants and restrictions. How is that fair to me as a homeowner who was following their covenants and restrictions?

Why I see this kind of regulation to be good is because of what exactly HOAs deal with. They are private governance but the way they have been established basically allows a bunch of unqualified volunteers operate a corporation. It is not just a social club. In my opinion the laws here in Florida don't go far enough. While some laws may only effect a minority of the residents in a neighborhood I believe that the burden on the HOA itself is minimal when considering what is involved.

My dealings with HOAs may have been extreme outliers. I constantly read on this board about how HOA living is a contract but what happens when one party breaks that contract? Legal action? I am fine with that but when one side has the resources of the entire community at there disposal the fight is not fair. I know life is not fair but that is no excuse to grant these corporations a free pass. I also don't believe homeowners should be free to do whatever if they entered a binding contract.

So if the state requires record keeping, audits, etc. I am all for it. Not all regulation is bad.

Do I believe my dealings are the norm? No.

A common theme I hear from some on this website is trying to change the change the neighborhood by working with the system. In my opinion, the system is broken. As I have written before, I worked endlessly to make change. I went door to door, made flyers, websites, contributed to online forums specific to my neighborhood, attempted to communicate with the board, attended meetings. The problem was that the none of this made a difference. The board was operating on a shoddy legal opinion and worked to prevent access so that the few on the board could maintain control. It is not always possible to "remove those responsible" and it is not always correct to assume the HOA system will work out in the end.

Now maybe my reference to HOAs as if they are a separate entity is because the few times I have had to deal with a HOA were with one that was not legally my HOA but attempted to exert control over my neighborhood by claiming ownership of my covenants and restrictions (based on their genius interpretation that because my C&Rs were very similar to theirs they could reign supreme). But I also see something different at play - human psychology. The Stanford Prison Experiment comes to mind. I also believe that while the board is made up by the homeowners for the homeowners it also becomes an entity all on its own and a bit of Darwinism plays a part where self preservation is key.

I also think that board inexperience is a huge issue (as big an issue as owner apathy). Inexperience with not only running a corporation, because that is what a HOA is, but also inexperience in running a government, inexperience with corporate law and property law, and yes, even inexperience understanding their own documents. Covenants and restrictions are a contract written in legalese.

Here is an anecdote. The county that I live in hosts workshops for HOAs to help educate board members and familiarize them with the law and how it affects their operation. The board I dealt with went to one such workshop. It discussed matters such as zoning issues. At the next meeting the board referenced what they learned. They informed people that "multiple non relatives" were no longer allowed to live in the same home. This of course alarmed some unmarried couples, gay couples, renters, or even families with a nurse or nanny with them. After some discussion at the meeting the board president admitted that they did not fully understand the workshop. What they failed to understand was municipal definitions of a single-family residence.

Another related instance is when the HOA decided to bring suit against a rabbi in the neighborhood for holding prayer service in his house. They claimed it violated covenants restricting homes to residential use. That was a costly lesson. The rabbi won.

I understand that there are plenty of functional HOAs out there and some that do an excellent job in working with the community but from my research it is far easier to do the wrong thing then to do the right thing, and a mixture of inexperience, apathy, lawyers, politicians, etc. can be a recipe for disaster. Not all regulation is bad but not all is good. I think that it is important to look at the laws that work versus the ones that don't, but in regards to HOAs I feel that the homeowners themselves are underrepresented. They unfortunately do not have the same clout as the CAI.

Marlee,

I think some of the issue is the presentation of the information.

The information would have likely been better received had you given us your impression of the proposed statute changes rather than providing a link to the site you provided.

The other thing that would have helped would have been not to quote the headline of the site you provided (sort of a know your audience type of thing). As you know, this is a site of individuals who have volunteered or are currently volunteering within their Associations. The headline used in the article, and copied as the subject line of this thread, automatically places many of us into a defensive posture. This is because that one sentence insinuates that HOA elections are rigged. I'm sure that that insulted many which I don't think was your intent.

I offer this trying to be helpful as I can tell your passionate about the issue.

Hope it helps,

Tim