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MariaS6 (Florida)
Posts: 4
Posted:
We have bought in this community October 2009; in 2013 I was asked to join the board because of lack of participation from other residents. There are 56 units which are defined patio/town homes built in mid - late 80's. (Just as background info)

Our HOA fees are $40.00 a month (reasonable) which include lawn maintenance, which is where it gets sketchy. For several years 2009 until the end of 2014 the lawn maintenance contractor was the President of our HOA. While I was on the board (Vice President) I found it to be a conflict of interest so we summoned bids for the work. This is where all the problems start, we actually found several companies with great reviews that beat our current contract; when it was decided ween the other board members to sign a contract with the new company the President called an Special Meeting and called all homeowners to inform them we were "firing" her company. They ended up getting two of the board members (Treasure & Secretary) to resign; I wasn't so easily pushed off and I attended the Special Meeting where they attempted to have me removed from the board. At this time it was found that the meeting was illegally held based on the notification process that they failed to adhere to. Based on the homeowners request I at a later date signed to have the current contractors contract renewed but she would have to resign from her position at the end of her term.

Moving forward, that was 2 years ago and hell is still present with these people. I am no longer on the board we now have a gentleman that doesn't own in fact lives with his mother acting as President. He has now signed a new contract for 10 years for the lawn maintenance contract they still have over a year left in the contract. When reading through our Articles and By-laws it states only members or contractors can be on the board and be a voting party. He does not work for a management company, he works for the VA, he isn't compensated as management so I believe that would alleviate the speculation of him being a contractor.

He is also approving a news letter which has made many defamatory inclusions as to animals which is all but stating our name in it. We have two non-aggressive large breed dogs (German Shepherds, there are many other dogs within the community but they all happen to be small breed.

My intentions are to not sound like the nagging homeowner however there has been so much go on to so many homeowners including my self in the last 4/5 years I am not sure what avenue to take. I will be selling the home I'm simply awaiting road construction to finish up which isn't anticipated until Spring 2017.
MichaelT17 (Florida)
Posts: 8
Posted:
Welcome to Sunny Florida, Home of the "HOA runs the show without Regulation" State. I also have been in a battle with expired deed restrictions and an HOA that has self declared mandatory and the State and Attorneys continue to advise "Pay your dues or lose your home!!"

Its not fair to anyone to fall victim to the HOA bullies, but at some point we end up with a decision, to fight the HOA with long, drawn out, and most likely very steep legal fee(s), or to sell the home and move to another area and start all over.

Unfortunately, there are not many options, other than the final, which is.. If you can't beat em... join em.

I was in the same situation where I had chosen to Join Em and after they used as much of my potential possible they politely gave me a boot in the ass and slammed the door. That is where I sit present day.

The best advise I can provide to you, keep in mind I am by no means an attorney, but you should keep any and all documents you feel show malicious intent, for a rainy day. You may be surprised but in my case through talking with neighbors there are many that are not happy with the present HOA. Our situation is we have a Social Club on steroids. A board that took it upon themselves as voluntary members to abuse the deed restriction revitalization that Florida now offers, and write themselves in a handsome salary to the documents (not mentioned in writing at the time of revitalization), and to threaten with liens and foreclosures under the use of Statute 720 for revitalization.

Where does it leave us? Nowhere really. The people most offended have already put their homes up for sale, and the "new guys" that purchase the homes sign in to a "mandatory hoa".... One by one they get closer to 100% of the signatures for a mandatory HOA.

I personally never signed anything when I moved into the community that now demands their HOA presence.

They can take your home for as little as $75.00 in past due "fees". Its a pathetic state where home ownership is anything but. Without an attorney to sort through the legal maneuvering we are all at the mercy of HOAs.

I know this probably didn't help... but that's my rant. I can steer you towards many resources... Start with the site...www.ccfj.net

GenoS (Florida)
Posts: 4,276
Posted:
Your HOA allows contractors to be directors?

Your HOA is a corporation in the state of Florida, not a high school drama club. You backed down on the president's conflict of interest landscaping contract a couple of years ago why again exactly? FS 720.3033 says a contract that represents a potential conflict of interest must be approved by a 2/3 majority vote of the board. Furthermore, the members, by a simple majority of those present at a members meeting, can cancel any contract where there's a conflict of interest disclosed. Not all conflicts of interest are wrong, unethical or illegal (but it certainly sounds like yours is).

How on earth did the new president decide all by himself to extend the contract for 10 years?

Breed restrictions should be clearly spelled out somewhere in writing.

Your roads aren't done yet... has the developer turned over control of the HOA to the homeowners yet?
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MichaelT17 on 02/23/2016 2:17 PM
I personally never signed anything when I moved into the community that now demands their HOA presence.

It does suck that the FL state legislature has rejected all HOA reform bills for the year. Homeowners in an HOA are not entitled to equal protection under the law, apparently.

Nevertheless, if there are restrictions or covenants referenced on your deed then you most definitely did sign off on them.
MichaelT17 (Florida)
Posts: 8
Posted:
My point exactly.. .there are no restrictions or covenants attached to our deed. However, the moment the "HOA" files lien with the state and moves further to foreclosure due to protest.. Its that simple.... the home we have worked so hard to pay for is now in the hands of buffoons.
MichaelT17 (Florida)
Posts: 8
Posted:
For further clarification, our home was built in 1966 and under MRTA the deed restrictions have long expired. I never signed any agreement or had knowledge of an HOA until I received a threatening letter demanding payment of "clubhouse fee(s)".

The said clubhouse is in a trailer park and I live in a block construction home about 1/2 a mile from that trailer park. I want absolutely nothing to do with those people, however, the insist on the payments and state they can legally maneuver to foreclosure if I fail to comply.

I looked further into this and the treasurer of the HOA is the treasurer of their billing company, being a CPA, I am certain she is one of a few board members receiving kick back (salary) for their work within the association.

I continue to pay under protest, as advised, because I will be damned to lose a 120,000 home over a $60.00 / yr membership fee.
MariaS6 (Florida)
Posts: 4
Posted:
The roads within our community have been long completed back in the late 80's.

A main road leading to our community which also leads to the interstate and main roads within the city is currently undergoing a widening project.
MariaS6 (Florida)
Posts: 4
Posted:
I backed down based on the fact that she would end her position within the board at the end of the year, which she did. We now have a new President which is the non-home owner. But at the time of the "special meeting" it was evident that the residents didn't care about the cost and other changes in the contract they wanted to keep the current service provider which is a homeowner in the community and was the president at that time.

Our by-laws were written in 1986; they are very out dated and in fact about to expire which I am not even going to address at this point. There is no mention of animals period within the documents for the HOA. In our community they need to re-classify it as a 55+ retirement community I think it would better suit them and prevent a younger generation disturbing "their area".

The President and the lawn maintenance provider are all friends, they don't believe that there will be anyone that will fight it or even question it for that matter. I have left alone the multiple issues but feel as if I have now been pushed to the maximum amount they can push me so I am going to start being more proactive and voice my concerns with their shady dealings.

As board members they have a certain obligations, but rather than focusing on them they have a few home owners they would rather exhaust their energy on and pester them until they sell.

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