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HOA changing common elements

Started by RaymondS2 • 19 replies • 1268 views

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RaymondS2 (Maryland)
Posts: 42
Posted:
Situation in an HOA (not a condo). We have a situation where our "clubhouse" was not legally built by the developer many years ago, over 30 years ago. It has now been shut down by the city for 1) not being permitted to begin with 2) cannot be a meeting place because we have no toilets in the building 3) we have no running water 4) does not meet fire/safety code.

WE have a rouge board that does nothing by the book, they always do things on their own without any meeting to discuss the issue or gage owner support, which on many many occasions has gotten them in hot water with the courts. They are now taking upon themselves to "rebuild the clubhouse" at owners expense without owner input.

Can anyone QUOTE me Florida statute where changes to the common elements must be approved by a majority vote of the owners.

I had a similar situation years ago and the court ruled against the board doing alterations on their own but do not remember the exact statutes.

trying to remedy this situation BEFORE it turns into a Court case against the board AGAIN!
CyrstalB (Maryland)
Posts: 457
Posted:
I can't quote you any law, but if they may have the authority to make this type of decision on their own, the next question would be, how is it to be paid for exactly? Do your documents spell out how future funding is to be collected, such as a special assessment, and can you the owners block it this way? Or are you lucky enough to have a fully funded reserve account?
Please keep us posted!
RaymondS2 (Maryland)
Posts: 42
Posted:
Quote:
Posted By TimB4 on 03/21/2016 3:52 AM
Raymond,

That would likely be within your governing documents.

Here is a link to the Florida 720 for your research:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%20720

Thx tim have that already. In case you don't have it, At Barnes and Noble there are law books....for Florida its a book updated every couple of years by Peter Dunbar an hoa attorney called The Law of Florida HOA its a great reference book complete with footnotes of actual law and court cases
RaymondS2 (Maryland)
Posts: 42
Posted:
Quote:
Posted By CyrstalB on 03/21/2016 4:21 AM
I can't quote you any law, but if they may have the authority to make this type of decision on their own, the next question would be, how is it to be paid for exactly? Do your documents spell out how future funding is to be collected, such as a special assessment, and can you the owners block it this way? Or are you lucky enough to have a fully funded reserve account?
Please keep us posted!

We are trying to ascertain weather they do have authority. no we do not have have ANY RESERVES
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Whether the board or the members have to approve the project, it is still going to be ALL of you paying. My suggestion is to form a committee to do some research on the costs. I'd suggest getting 3 bids from licensed and insured contractors. Contacting your insurance company to see what the increase is to coverage. Contact the city for building codes and make sure the building isn't grandfathered in or what codes it needs to meet. Do you have a pool attached? Our HOA we had bathrooms in our clubhouse due to being attached to a pool. I am not sure we would need them if we weren't. Guard shacks don't. It may be a capacity issue? Another issue to discuss with the fire marshal.

It sounds like you all are facing a special assessment situation to pay for the project. Which is then a member approval and not just the board. Which that process should be in your documents on how to process.

It's not a "build and they will come"... It's a "raise the funds, and it will be built".
Former HOA President
RaymondS2 (Maryland)
Posts: 42
Posted:
THE CITY shut us down. therefore, the City controls the situation.

Our Docs are silent on common element replacement. IT IS NOT A REPAIR it will be a new element. We will have to do major structural changes to our "clubhouse". It was originally used as a storage facility for the developer, he ran away before completing the pool/clubhouse area and some time ago, the owners at that time decided to turn the pole barn into a clubhouse. There is no record of this building being constructed with either the City nor the County

Our pool is 1/4 mile from our "clubhouse" (pole barn) our pool has the bathrooms the clubhouse does not.

We have been paying for insurance on the common elements for 30 years but no one bothered to see if everything was legal and done above board, which we now know it was NOT We even spent $5000 in 2012 to paint, recarpet, and put new curtains in the windows.

Our arrogant board has decided to make the changes without owner approval of ANY SORT, not the planning, not what is needed, for the most part they have kept this situation silent until one of the owners tried to use it for a political function and found that the building did not have permits, failed fire/safety inspection
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Can we stop the anger toward the board and work on a solution? What are you and your members option? Vote the board out and replace them? Create a committee amongst you all to address the issue? What is the solution your looking for? Have that in mind and work toward it. Otherwise it's a just chasing your tail making yourself angry and frustrated. Can't help yourself or others if you can't keep a straight line toward the light. Just an observation. Take it as you will. I didn't change my HOA around by circling. It was head on and head in... Then I headed out the other side...
Former HOA President
PitA
Posts: 1,416
Posted:
..... the owners at that time decided to turn the pole barn into a clubhouse.


The owners HAVE spoken.

The present BOD is merely maintaining.

Probably is within their OBLIGATION to maintain the 'common elements' as spelled out in the Covenant.

Y'all wished for a 'cheap and quick' clubhouse.

Y'all received same.

Now y'all get to pay for the error.

CAVEAT EMPTOR

(for legal advice, seek out an attorney)
KerryL1 (California)
Posts: 14,550
Posted:
Say, Raymond, in CA, Owners must vote for "capital improvements" or capital expenditures if they exceed 5% of the annual budget of the HOA. Doesn't FL or your own documents have some sort of restriction like that?

Anyway, as written in the past by me & others and now, your need to rally support to vote out this Board at the next election or recall them.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Raymond stop his dislike for BOD's and help work toward a solution is heresy. I say...heresy....
RaymondS2 (Maryland)
Posts: 42
Posted:
Quote:
Posted By JohnC46 on 03/21/2016 2:06 PM
Raymond stop his dislike for BOD's and help work toward a solution is heresy. I say...heresy....

You know it is hard to work for a amicable solution when the board acting like Nazi's don't want ANY solutions by us little people

It's shut up and give us your money and we will spend as WE SEE FIT.

I see by some of the comments that all other associations are run PERFECTLT...lolol
RaymondS2 (Maryland)
Posts: 42
Posted:
but then again they are all Trump supporters
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Again you assume much and blame much... Don't like it then lead the charge of making a change. Get on the board or vote the board out. What else can we offer you? Since we are all here Trump supporting Nazi old ladies living in a perfect world... It's seems it's more of your attitude and perceptions that is causing issues than solutions...

BTW I am NOT a Trump supporter and don't like people putting their political views into mine or anyone else's mouths. My problem with me is NOT your problem with me... So stop insulting those around you...
Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
Florida's HOA law doesn't address capital improvements. If it was considered "repair and maintenance" of capital improvements, then FS 720 does have something to say about it with respect to reserves. If there are no reserves there needs to be a disclaimer in the annual report.

If a board is acting outside the scope of the association's governing documents then you have two choices: recall and replace some or all of the board of directors, or file a lawsuit.

You can thank Florida's do-nothing legislature for its failure to address serious issues that needed to be addressed yesterday.
JonD1
Posts: 2,350
Posted:
It really sickens me when anyone decides it is acceptable to throw around Nazi as an adjective to describe anyone. In this case a volunteer HOA board.
Guess in the minds of some that level of insult proves their point.

Just a simpleminded, ignorant buzz word that eliminates any possible working together to actually solve the problem versus whine and find fault.

Yes, the owners are to blame, the board members who volunteer their time are to blame, but the person whose only talent seems to be placing blame can't fathom their role in any of this.

If you don't like what's going on that get off you lazy do nothing behind and make an effort to change things. Coming to this site complaining, name calling, and throwing out insulting terms to describe those who don't see things your way is a waste of our time. Or perhaps that is the only solution you can come up with.

Hard to figure why the OP here gets so little positive back from their board. All they do is collect and spend money. Small minded foolishness.
One of perks of serving on a board you get to deal with people who only see what you do wrong and they know all while doing nothing.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jon

It is called playing the Nazi card. It is a sign of one unable to intelligently debate. Godwin's Law (or Godwin's Rule of Nazi Analogies) is an Internet adage.
GenoS (Florida)
Posts: 4,276
Posted:
He appears to be gone. Post count 0.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yeah... I figured he wouldn't last long when he wasn't getting the answers he wanted to hear. Which were the ones in his head not anyone else's. First thing you need to do when wanting change, do not insult or want to play "hero" in your HOA. Your ALL in the same boat. It's best to share the oar than to hit others with it over the head...
Former HOA President
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By MelissaP1 on 03/22/2016 8:00 AM
It's best to share the oar than to hit others with it over the head...

Funny.
Sikubali jukumu. Read all posts at your own risk.

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