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DorisB (Florida)
Posts: 9
Posted:
We just took over our HOA.Our Management Company called a meeting.We did not have a Forum.But People were Namenated .And then the Managment Company selected the Board, not the cummunity. We have A lot of Homeowners upset. I know it is not done this way. We have to namenat the Board and we have to vote.But this was not done.I live in Florida Does anyone has an awnser to that.Because The Homeonwers want a re-election.
RogerB (Colorado)
Posts: 5,067
Posted:
Doris, there could not be a meeting because there was not a quorum. Also the management company can not call the meeting, the Board probably did and asked the MC to send out the notice. In addition to not having a valid meeting the MC can not appoint members to the Board. You need another meeting to elect Board members. After that the Board needs to seek a new MC if what you are posting is really the facts of the matter. Request the Developer have their Board call another meeting to elect officers. Also, do not take control until the doing a takeover audit. There has been considerable discussion on that matter on this board.
KimberlyS2 (Georgia)
Posts: 32
Posted:
Doris,

you are not the only community that has their board elected that way.
my community sends out ballots every year and they mean absolutely nothing
because the board has the last say.

associations are nothing but bottom dollar, due away with associations and put in committees they would save homeowners a good sum of money and probably would run the community better, the board most likely does and will never live under their own rules.

Associations somehow run under their own laws, state laws don't mean anything
so members have no rights nor do they have freedom that this country was built on.

We pay top dollar for homes, work hard for the American dream and end up with what is called an association, we might as well be governed under a communist country.

so suck it up or move.
nothing said or done makes a difference, homeowners in assocations have no voices.

KevinK5 (California)
Posts: 64
Posted:
Doris,
Since you just took over the HOA, your's must be a new neighborhood. Does the developer still own a substantial number of lots or homes? The developer may still have enough votes to represent a quorum and to control who gets on the board.
I am assuming the management company was hired by the developer or maybe they are one-in-the-same.
I am also in Florida. I don’t know if this link will work, but it is the path to the Florida State Statutes Chapter 720. There are rules about elections, recalls, etc. All Florida HOAs are REQUIRED to comply with these rules.
Below are a couple of passages that may apply to your situation. Take the time to read the full statutes.
I am not sure if this will work, but here is the link:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20720

720.303 Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.--
(10) RECALL OF DIRECTORS.--
(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

720.307 Transition of association control in a community.--With respect to homeowners' associations:
(1) Members other than the developer are entitled to elect at least a majority of the members of the board of directors of the homeowners' association when the earlier of the following events occurs:
(a) Three months after 90 percent of the parcels in all phases of the community that will ultimately be operated by the homeowners' association have been conveyed to members; or …
(b) Such other percentage of the parcels has been conveyed to members, or such other date or event has occurred, as is set forth in the governing documents in order to comply with the requirements of any governmentally chartered entity with regard to the mortgage financing of parcels.

Kevin

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