Board Misconduct

Started by NickS5 • 11 replies • 1814 views

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NickS5
Posts: 1

Posted:

Our HOA Charter expired.We had to go through the whole process to get our charter reinstated. Our HOA is in Florida. It took over a year to get reinstated and a large legal bill. Our HOA board refuses to state who was responsible for the charter expiring,i.e. management company, or how much they spent in legal fee to get reinstated. Can the legally do this??

JimR24 (Texas)
Posts: 399

Posted:

Yes i understand the dilemma; however, are you sure that any of the board members know the cost? Is it possible that none of them have actually sat down and computed everything? Or, do they know the cost (and who to blame) - and are refusing to be transparent about it? Food for thought. What do u think?

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas

RwT (Florida)
Posts: 154

Posted:

Under Florida State Statutes All financials are available to you for inspection. As was said it may take time to file.

Additionally, every year the past year's complete financials should be 'announced ready' and available for you.

Often it is by request only to save $s

* Non-Lawyer spokesperson.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Jim,

Nick's counter is at zero. This gives the indication that he resigned from the forum sometime after he posted his question.

JimR24 (Texas)
Posts: 399

Posted:

Ah okay Tim - thanks for the info.

oljim, in texas

Lovin' life with my honey!
and, President of HOA in Texas

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Posted By n/a on 09/12/2014 4:56 AM
Our HOA Charter expired.We had to go through the whole process to get our charter reinstated. Our HOA is in Florida. It took over a year to get reinstated and a large legal bill. Our HOA board refuses to state who was responsible for the charter expiring,i.e. management company, or how much they spent in legal fee to get reinstated. Can the legally do this??

The mgmt company is simply a contractor and works for the HOA. The HOA is ultimately in charge of everything. The people currently in charge of running your HOA (board/officers) are the ones at fault. They are not competent.

No need to "state" who is responsible, its obvious.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

or how much they spent in legal fee to get reinstated

Simply look at the HOA financials. If your not being provided financials or access to them, you have much bigger problems.

CyrstalB (Maryland)
Posts: 457

Posted:

If you call your state charter office, they will tell you the last year your HOA filed their returns. So who ever was on the board that year, didn't make sure the paperwork was filed. Sorry to hear it cost a lot of money, we were able to do it for nothing, just had to fill out the last four years of returns to re-instate.

Our management company found out ours had expired, and ignored it and didn't tell the board. We saw the returns he "filed". We did not notice that he kept the last number off of the account #. So we assumed they had been filed. Sneaky Bastardian is what we found out after the fact. Found the letter from the state telling him we lost our charter, and then the stupid bastardian kept the letter in our file but we found it a week to late to press charges. It is illegal for a charter to perform any business without said charter.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Crystal,

Since the OP has already resigned from the forum, we won't know for sure. However, since the OP is in Florida, I believe that the charter being talked about is actually the CC&Rs and Florida's MRTA issue.

See: FL COVENANT REVITALIZATION statutes

MRTA and Revitalization of Covenants – what do these mean for HOAs? from the FL Sun Newspaper.

AnnH5 (Florida)
Posts: 304

Posted:

Quote:

1) Yes, your HOA Board can refuse to "state" who was responsible for the charter expiring. That simply means that if you have a Board that is unwilling to be forthcoming about this information, you have a Board that feels some reason to evade the question.

2) While the Board can refuse to speak about the situation or on behalf of themselves as members of the Board, there is not a darned thing that can keep you from doing a records review of financials AND anything else that your management company is required to keep in the records----emails, documents, letters from other organizations/entities, attorneys, and businesses.

KarenC15 (Florida)
Posts: 118

Posted:

There is reason to believe they might be evasive and have executive sessions as a way to avoid liability. Get the documents and then you should know. However, if they are preparing for litigation, I think there's a chance they might be able to withhold some things.

Hatred is contagious, so one should work to avoid it.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Nick

Yes somebody might have dropped the ball.

That said, how much "extra" did it cost to get renewed?

Would you rather they did not renew and open a real Pandora's Box?

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