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TorranceD (Florida)
Posts: 2
Posted:
I have worked in the office of a homeowners association over 7 years now. The board of directors consists of 7 property owners who are elected by the membership to serve a 3 year term. As with most property owners, they run for the board only when they have an agenda to be met. (ie: wanting a rule changed to benefit a need for themselves or a friend, is most likely the case). In 2006, 3 new board members were voted in. All with agendas of course. As of the day following the Annual Members' Meeting, a project that had been ongoing for a couple of years, being paid for by donations and fund raisers, was immediately called to a stop, and new people were put on the project, changing everything that had been planned and done by previous volunteers. No vote was taken by the Board, only by the majority who wanted these changes made. This new board spent over $11,000 of association money that was not budgeted for or voted on for this project. Over the course of that year, certain members of this board continued to run the park as if it were their own personal property. A petition circulated and was given to the board concerning certain issues. It was not handled appropriately according to our Bylaws and Florida Statutes. To top off the year, when the Treasurer presented the budget for 2007, several members were concerned that it was not prepared correctly. Approaching her and other board members, these owners were intimidated enough to back down. As was done with other park members concerning the petition that was raised, and questions asked about Bylaws and what gave them the right to spend money the way they have been. Of course, much of the same problems has rolled into 2007. But the board is now "somewhat" following Bylaws.
My question is....is there an organization who "audits" or "monitors" homeowners associations, to ensure that they are working according to the associations Bylaws and Florida Statutes? If so, I'd really like to know how to contact them.
Park members have tried to talk with this board, only to be intimidated and humiliated publicly. Board members have caused a big uproar in this park. Worse than any other I've seen since I've been here. Something needs to be done immediately.
JeffreyB (Florida)
Posts: 11
Posted:
Dear TorranceD,
I have faced a very similar problem with my own HOA and spent several years trying to correct it. Many times the HOA becomes a vehicle for personal agenda and it is very upsetting. Unfourtunately there are limited avenues for correcting this. First, in Florida, the State does not enforce it's own statutes concerning HOA 720. That is up to us to handle in a civil suit. Second, when you sue the HOA you are in essence suing yourself. I was able to find an attorney to sue my HOA on a contingency basis however when we found out that they did not have BOD insurrance we stopped. Third, as you are finding out, few residents really want to get involved with a "class action" suit, or even a BOD recall. Everyone always seems to be to busy! The only way I was able to get some reaction from the residents was of course, and as always, through the pocketbook!!
So I went to the HOA requested to see the records which is your right. Made copies and underlined the problems. And after I was able to prove with HOA documents that their money was being mishandled the residents demanded a new election for Board members, and soon we will be conducting a full audit to find out who is responsible. So go get a copy of those records, take pictures, make your case, show your neighbors what you have, show them where the money is being mishandled, let them begin to talk about it and soon heads will roll!!
TorranceD (Florida)
Posts: 2
Posted:
Thank you for your response. Several previous board members did just that. Got copies of mishandled funds, copies of the bylaws, etc., and circulated a petition amongst the homeowners. When the petition was presented to the BoD, they did not follow thru properly to answer the questions. The president said he called the attorney on this matter, but i have no record of such a call. It has been nothing but deceipt and deception the past year and a half. And any owners who approach a Board Officer, is only intimated and talked down by those on the board who have done wrong. Word spreads quickly of a "trouble-maker", then no one wants to get involved to push the issue of following park documents. I know a few of the owners were intimidated by the previous president and backed down in fear. I have suffered from his verbal abuse also, but lawyers do not want to represent an employee who is only being harrassed and threatened. They want an employee who is being "sexually" harrassed. It's a shame the state, who provides guidelines for homeowners associations, do not do anything to make sure the property owner is getting what he's paying for. Our bylaws allow for an audit every 3 years. So last year was not audited. Only reviewed. And they did not seek an auditor other than our own accountant. So he's auditing his own records. I don't own property here, but I feel for these people. And I have no control over what the Board's do. They won't even allow me to get a CAM license. Once again, I thank you for your response. Maybe one day a state representative will become available for such a position. Until then, we're fighting a losing battle.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
TorranceD:
We are continually faced with many challenges in community living, from a Board who is asserting their power for the wrong reasons right on down to incurring 'double taxation' for municipal services provided (paid for in tax dollars) to any other non-community resident.

With the growing trend for developers to build more communities in cities across the U.S., with more populated areas requiring housing units and more tax dollars going to the local municipalities, with the developers gaining perks from the municipality at the buyers' expense--it is time we rally and get SOMEONE's attention who has the authority to investigate and oversee community development.

Have you received or learned the answer to your question...
'..is there an organization who "audits" or "monitors" homeowners associations, to ensure that they are working according to the associations Bylaws and Florida Statutes? ..'
LindaC3 (Florida)
Posts: 526
Posted:
Have you received or learned the answer to your question...
'..is there an organization who "audits" or "monitors" homeowners associations, to ensure that they are working according to the associations Bylaws and Florida Statutes? ..' FROM PAULM

As a homeowner in an HOA in Florida and Very active on numerous committees---- I can tell you first hand that the Dept of Professional Regulation that monitors HOA'S and Condos DOES NOT have the ability to enforce BY LAWS............Very limited in their scope of enforcing the Statutes........You may not file a complaint for mediation for non enforcement of your BYLAWS --- only DEED RESTRICTIONS.......... I would suggest that Torrance REALLY read the Statutes and highlight sections that may apply to his complaint...Especially the section dealing with the FINANCIAL PART and audits vs reviews....Only if your HOA has revenues OVER $400,000.00 like my HOA are you REQUIRED to do an audit....UNLESS the majority of the homeowners vote to have a lesser level of finacial reporting.
When you file for mediation with DPBR it is exactly that...MEDIATION...they cant force the HOA to do what you want them to do....if mediation FAILS you then head to civil court...at your own expense....It has been the trend lately here in Florida when Members of an HOA are dissatisfied with the performance of their BOD the ( members) head to the local newspaper or the local tv station investigating reporters..Nothing worse than seeing your HOA splattered all over the front page of the newspaper or the 11 o clock news to WAKE THEM UP and start running things correctly.....

While I admit it has been a challenge living in an HOA in Florida--for the most part, once EVERYONE starts to work together and SOMEONE explains to ALL THE MEMBERS that your intent is not to upset the apple cart so to speak ,but that your ultimate goal is to PROTECT ALL YOUR FINANCIAL INTERESTS......you would be suprised how quick folks start to listen and HELP YOU in your quest......Speak softly ,carry a big stick as they say and as one member here says..PEACE BY FORCE.....LOL........... Best ofluck in your quest and PLEASE keep us informed and lets see if we all can help guide you..... A fellow FLORIDIAN HOA MEMBER Linda C
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Linda: Does the Dept. of Professional Regulation only exist in Florida, or is this a dept. in other states as well? How can we find the answer? I understand it is only for deed restrictions, CC&Rs, and not for bylaws which is actually the explanation of self-government for our communities. Is this a dept. run by the U.S. government? Pls. explain. Never heard of it. Thanks, Linda.
LindaC3 (Florida)
Posts: 526
Posted:
PaulM...The Dept of Professional Regulation ONLY exists in the State of Florida..... I have no immediate knowledge of any other governing bodies on other states like DPBR.... I guess someone from whatever state they live in could call their state capital and inquire as to what regulatory agency exists ( if any ) that could help with possible enforcement of Deed Restrictions or see if they have state laws that govern hoa's..I have friends who live in other states and hoa's and they do not have any state run agancy that helps with their abuses form their HOA....Most states ?? I believe feel that it is a private contract that you entered into and you are more or less at the mercy of the courts...... We had some friends who DID call their local TV Station and when the BOD found out about it when the reporter showd up at their door with camera in hand....the next meeting the entire board was dancing a new jig....Just that mere possibility that they would be on TV and made out to be a ................. got some action and now things are going smoothly.... LindaC

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