Nonmember as Board President

Our HOA had a policy of asking new people on the board to "prove" they were on the deed. A year and a half ago, one of the legacy members asked someone who lives in the neighborhood to be "president," which is what is commonly done here. That person gets all the proxies by default and then installs themselves and the board they choose who will not disagree with any positions. In any case, the person is a live-in partner and not on the deed. Rather than add the name to the deed, the person immediately took over the checkbook and complete control of our property management and hired lawyers to write new bylaws saying any resident who claims domestic partnership or familiar relationship can be a voting director of our association. The bylaws were not put on any agenda and were signed by three people. The president is claiming this is correct because he asked the presidents of the other associations on the property to agree to the bylaws for the Master association; thus, no member notice, input or vote. Now, anyone who lives here for two weeks can be a voting board member, manage all association funds and contracts. Don't bylaws need a membership vote?

Karen,

Based on the number of threads you have initiated, it appears there are numerous concerns with your HOA. Tim's advice is solid IMO, you need the support of others. Do you have that yet? If not, start building that support or reconsider if this heart burn will be worth it. Good luck.

There should be some CC&R's on file at the courthouse. Those go with the deed and are stronger than by-laws. They are considered PUBLIC documents and can get a copy at your local Records department at the COUNTY courthouse.

It's a master association and there was nothing but an old "articles of incorporation." I requested docs and did not get them because the property manager said "he didn't have them," although he has been the PM here since the beginning. I argued this with the state and they replied that he cannot be responsible if the board does not keep records (ie claiming the records were lost or not provided to him).

My association has covenants and those clearly outline rights. It also outlines that a member of the association is defined by the deed. I don't know if it says one must be a member to be on the board, but I'm pretty sure it does. I loaned mine out a while ago and haven't gotten them back yet. I have been trying to put all this behind me but the outrageous behavior of the board keeps escalating.

In Florida, it is not a "courtesy" to provide certain documents, but a requirement in accordance with FL Statute 720.303(4) Official Records; and 720.303(5)Inspection & Copying of Records.

I think when you say, Docs, you mean the covenants, right? We can't even get meeting notices and minutes.

Hang on, if there is a master association then there should be sub-associations. The subs often have a rule that states only the homeowner can be on the board, and only a member of the board can be on the master board. Is this a master/sub-association situation you have going on?