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KenN1 (Florida)
Posts: 2
Posted:
I live in a 30 year old 578 unit high rise complex in FL. This complex has two buildings. Each building is responsible for expenses in their own limited common area (building,garage,pool and party rooms). The common area expenses (beach,driveway and Guard house) are shared on a 50-50 basis. Each owner has the right to use any recreational facility in the whole complex. Each building elects their own 7 member board of directors. The 14 directors are the 14 members of the board of Governors. Each year a non Governor is elected by the Governors to be President and this alternates each year between the two buildings. The Board from building "1" refuses to attend any meetings called by the President so now there are a number of items that are not getting addressed. The two buildings have had a number of conflicts over the years. 1998- Building 1 had to pay $130k in legal fees for a court case that they lost trying to stop building "2" from putting up a new balcony rail system. 2006- Building "2" stopped the contractor for a week from working on the new common driveway during the holiday season because they did not want the noise.This cost $13,000 penalty from the contractor and building "1" is refusing to pay their share because they didn't approve the work stopage. 2007- Building "1" Changed the lock(now a FOB) on one of the beach gates so if someone from build "2" wanted to use the restroom they couldn't (the restroom is limited common area). 2007- Build "1" security force has been limiting access to guest of owners from building "2" to use the pool deck if the owner is not with them. This new rule is clearly against the documents. How can we get building "1" board to attend duly called meetings to get these problems cleared up?
Jadedone4 (Virginia)
Posts: 495
Posted:
.... pull the fire alarm in both buildings, the evacuation should be sufficient to reach quorum.

I know that this may be redundant, but don't the two board understand that they are basically suing themselves, and that the money used for atty's fees could/would be better spent towards both buidings enhancements?
Outside of getting both boards to "agree" to ADR (alternative dispute resolution) or some form of third party mediation - I don't see how the issues can be resolved.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Ken:
Have your covenant docs been updated since their inception 30 years ago?
If so, have you actually reviewed the document restrictions to ensure your facts are valid?
I would suggest you start by listing your complaints and refer to your docs for where the violation against the docs is occurring. Then, manned with this info, canvass your building for like minded residents who support following the covenant guidelines.

In reference to ...'Build "1" security force has been limiting access to guest of owners from building "2" to use the pool deck if the owner is not with them. This new rule is clearly against the documents....' Are you certain that a 'guest' can use the pool without the owner present. If so, how are you assured that the 'guest' is a legitimate guest of the owner and what proof does your covenant doc state is necessary to allow 'other people' to use the pool?
Be careful you know your docs inside and out before you call the Board/s on what they are doing wrong.
JohnC10 (Arizona)
Posts: 106
Posted:
That's a sinking ship. Is it really worth riding out that storm?
BradD2 (Florida)
Posts: 418
Posted:
Ken, is it a HOA or a COA? Check the Florida Statutes as there are regulations regarding meeting that must be met. If not then you can file a complaint with the State.

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