HOA Not Following Florida Statutes

Started by TonyM6 • 1 replies • 1132 views

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TonyM6 (Florida)
Posts: 12

Posted:

I recently moved into an HOA that is being run like a garden club. There are no adopted bylaws, and virtually every Chapter 720 HOA statute is being ignored. Dues are raised without a meeting and vote, no agenda is provided for annual meetings nor are proxy forms available. The Board members have not certified to their fiduciary responsibility, and all communication is by email, without regard to whether a member has agreed to email delivery in writing (or otherwise for that matter).

I've pointed out the issues, provided sample forms for proxies, certification, and email transmission and even drafted bylaws but zero action has been taken on any of the issues. Apart from a recall election or mediation, what remedies are available to me to force the board into compliance with the statutes?

Tony

KerryL1 (California)
Posts: 14,550

Posted:

Before we "good guys" were elected by the homeowners to our board of 7, several of us met regularly, studied our documents and state laws, and began attending the monthly open board meetings asking the Board questions about topics very similar to yours. We also accumulated a list of email addresses and put our regular "bulletins" about the Board's mistakes, but framed very factually and professionally.

We called a Town Hall educational seminar that attracted 81 Owners of 210 condo units, said introductory remarks and engaged in seven break out groups on various topics. The Board actually did engage in some reform, but, too, little too late.

Two of us were elected at the annual meeting 6 months after we first got together, and a year later, we gained control of the Board. That's the cheapest way.

If you or you and others can afford it, pay for an hour of an HOA attorney's time, show him proof of the board misdeeds and have him write the Board a letter.

As you seem to know, if your HOA is incorporated, it must have bylaws. Are you sure they don't exist? do you have a property manager? Have you read the contract. sometimes there's a clause, as in ours, that the PM is "not obligated" to follow board directives if they contradict state laws or our governing documents. If yours has that clauses you might be able to apply pressure to the PM or MC to comply.

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