Board of Dictators

I live in a 461-unit townhome community in South Florida. Last November, there was an uprising of homeowners who had never participated in meetings, or community affairs. The only reason they got themselves involved was because of the recent raise in the monthly maintenance fee, due to the costly insurance premium. It was proven, less than one month after the election, that there were falsified proxies, double signatures and more ballots distributed than representations. After re-evaluating these documents, it was determined that there was not a quorum present. However, this new "Board" has refused to a meeting to review the information, taking advantage of the mistaken quorum establishment. Since their "election" they have fired the on-site property manager, and one of her assistants. The pool was closed by the county's Health Department. Now, the management company has served this Board with a 30-day notice. If we lose the management company, we will have to get a new homeowners' insurance policy in June - the onset of Hurricane season!

The problem that myself and the former Board is faced with is censorship. We post flyers on the mailboxes, informing the community about the upcoming meeting, what has been happening, and how they can recall the Board. Within a few hours, the new Board drives around and rips them off. Is this a violation of free speach? One of the new "Board" members, prior to the "election", went door-to-door soliciting homeowners with her promise to lower the maintenance fee. She even stood at the entrance with a sign, and was yelling to entering homeowners to "come and vote!". Nobody stopped her from exercising her right to speak freely. Just because our message isn't what this "Board" wants to see means that it shouldn't be seen by anyone?

Let me know your thoughts and opinions. The meeting is tomorrow night. I may ask some of you who respond if it is ok to use your comments.

Thank you for your help.

You nee to go read the Florida State Statutes Chapter 720 if you are an HOA and 718 if you are considered condo.....Linda C

Actually, we did witness the Board members removing them. That fact about the cement under the boxes is a great tip. Thanks.

By the way; tonight, as I was distributing the flyers throughout the community, one of the Board members tried to run me over in her car. Literally. She said to me, "you don't know who you're f**king with!". This was right after she drove up behind me, got out of her car, and removed two of the flyers I had placed in homeowners' doors, screaming "you can't do this!".

We don't have any laws restricting the distribution of informational material. In fact, their front-person did the same exact thing last November. She had the police called on her, from the previous Board, only when she was knocking on homeowners' doors, and soliciting for their signatures.

I've already read Statute 720 many times. I've approached the Board in person, and in writing, regarding the election meeting. Since they have refused to meet with me and review the proxy/ballot tabulations, the next thing to do is the recall. Which is what we are doing now. If a recall doesn't work, then we need to seek legal counsel. Which we have already done.

This Board is just excited with their new-found powers, and, sadly, do not know how to use them for the benefit of the community.

Sorry, I am going to be the "devil's advocate" here. I see a little bit more to this story than was posted. My feeling about this situation is that this is a reaction to the fact that dues had to be raised to cover an increase in Insurance costs. Was this raise in dues a "special assessment" type? or an increase that is allowed yearly? There is a difference.
A special assessment would require the vote of Majority General Homeowner's to approve in a SPECIAL MEETING. This may be a one-time assessment to raise an amount of money to cover the costs. The amount needed is divided evenly amongst ALL the homeowners.
Now, there is a situation where a special meeting/vote is needed to raise dues ABOVE the yearly amount of "cost of living". Typically, a HOA BOD is allowed to raise dues 3 - 6% to cover increases of costs in the coming year. Contractors, MC's, or Utilities often increase their bills over time. However, sometimes an increase of dues is needed ABOVE the allowable 3-6%. That increase may require the same measures of a "special assessment". Whereas a special meeting is called for the members to agree to increase dues OVER the 6% so that severly increased cost or the need for capital improvements can be achieved. This can be temporary or permanent. Usually lasts one year or until the next special meeting is called.
I have a feeling that the residents aren't getting the fact that the HOA is ONLY funded by the residents and FOR the residents. That means if an increase such as a required element of insurance, goes up, dues may need to rise to compensate for that. It's not easy to adjust to this change nor easy to accept. People often blindly put their dues check in the mail NOT realizing the money collected may NOT be enough to cover required costs.
Recalling the board or suing is NOT the answer here. Increasing your knowledge on how your HOA works is. You may be shocked to find out how your HOA board may be stretching the money to make sure all the amenities are paid for. When I ran my HOA, the owner's paid $50 a month. There were 107 homeowners. On average only 95 residents paid on a regular basis. 5 were late payers and the rest NON-payers. (That's a good month!!!). The monthly costs of lawncare, garbage pickup, insurance payments, bookkeeping services, emergency repairs, maintenance items, pool service, clubhouse maintenance, legal costs, and utilities ran atleast $5,000!!! We HAD to have 100 members a month guaranteed to pay on time just to afford the operational costs alone. An extra $100 meant all the difference in the world. That would be considered our "savings".
So realize what your "fighting" for. Your HOA works just like a "kitty" in poker. Everyone must chip in their fair share if they all want to win something. Plus, keep in mind, if you sue your HOA, your suing yourself and your neighbors. Doesn't sound like that's going to be much help at all.

our board can raise it as much as 20% in any given year

Did I read "DEFICIT"? That means your HOA is in the hole. Deficit isn't a good thing. It would make sense for the HOA to want to raise rates or have a special assessment to get out of the debt plus get be able to meet monthly bills.
How else do you expect the HOA to pay their bills if the current dues aren't large enough to cover their debt plus the increase in insurance costs? Plus the hiring of an attorney? That's a good expense right there alone. I can only imagine his retainer fee alone has to be in the thousands of dollars. Not to mention the cost of each communication and letters written.
Like I stated before... The HOA is ONLY funded by the owners for the owners.

Nichole:

Good luck getting it turned around. It is unfortunate that some people get on boards and ignore the rules.