Conflict of interest, possible collusion?

The issue I am looking to get some insight on is there is a homeowner who is getting hit with compliance violation due to window grids. This homeowner is in the process of filing a lawsuit against the HOA. The management company is in disarray and this homeowner has been speaking to the ACC coordinator in regards to this lawsuit. The back and forth between them seems to me to be unethical and potentially illegal. The ACC is trying to force the issue on getting the homeowner to follow a simple guideline. My question is should this homeowner and the ACC coordinator be discussing this issue on personal cell phones and is the ACC coordinator in some type of violation carrying on with this homeowner in regards to the pending lawsuit? What are the rules? This is in Florida.
Here is the conversation in text format, redacted to protect identity of homeowner and ACC coordinator.

No, I don't have it on me.
(1/2) Okbthanks., got a letter for my windows. I guess i need to get on the morning meetimg to see if they will aplrove it. If not, i will have to move foward
(2/2) with getting lawyer to fight this.
They meet on the 9th
I mean the 6th
Ok can you add me to that meeting? What time isnthe meeting
Yeah, I'll get it setup. What about your faux grids
I can put something up there temp. But long term dont want them. I appreciate yoi getting me on the agenda. Do I need to call you tomorrow to discuss?
It's up to you. I'll do what I can.
(1/2) Thanks. I will do the meeting one more time and if that does not work, i will go the lawyer route and waist everyone's time and money. There are no rules
(2/2) against it and others have been approved prior. Its just frustrating to deal with this craziness. What time is the meeting on the 6th?
9:30am
Ok great. Thanks for the help.
Is xxxxx in the office?
Yes
Thanks
What is ur work email address?
I just sent you and xxxxx a letter with an attached word document. Please let me know if you recieved it.
My email is acting up, I'm rebooting my computer
Ok, when you get it let me know what you think.
Any luck getting my email?
I'm reading. Ow
Now
Any new updates?
Not really.
Ok thanks. Just curious, what is xxxxxxx thoughts on this? Also, who brought this to her attention?
I dunno, we haven't talked about it. ACC issues the approval and after completion the ACC does a final inspection, your final inspection determined the completion did not meet the approval and that kicks it to compliance.
So who in the acc did the inspection, just curious.
So if i put temp grids on, who and when would the inspection be completed?
Is this kinda like have grids up for 8 hours and down for 8 hours and prove they aren't installed?
I am in a catch 22..... no one will look at my situation. There are technically no rules that have been broken, but have to make changes or will come under a fine. You and xxxxxx both said yall agree and understand, but have no input to resolve this. How do we come to a resolution? I can assure you this type of stuff is why the majority of the home owners hates everything the hoa stands for. A fee people are power hungry and try to hold the community from becoming more up to date ( like the newer home communities arounf xxx). I'm sure the board will not be interested in this situation. I should just put my old shitty windows back in. I did not tell you this, bit window installers caused 18,000 dollars in damage to my home account of a foam can exploding and now have to deal with a crazy group of people who make rules up as they go. Wish i would have left the fogged windows, that would have made the neighborhood a great place. Crazy!!!
Honestly, I do not want to add frustration to your situation.
Will she meet
She can't
What is the verdict?
Not likely
Ok. Now what? Will xxxxxx not get on a call? Can we schedule one with you, xxxxxx, and myself for today or tomorrow?
Is your acc co tact the lady from the meeting that denied the original request?
I can come to your office to meet with you and xxxxxx at 330 or later. Just let me know.
I can't today. If you want to resubmit to the ACC you can do that, but you need to have something changed from the original plan design.
(1/2) Ok, any thoughts on what should be changed? There is not much I can think of changing right off. Do I need to fill out a new form? Will I go to the mor
(2/2) ning meeting? Will the members on the morning team be influenced by the other team?
I have plantation shutters inside that make it look like there are grids, will that help?
Can you send me a form and get me on the agenda for the 0930 meeting on the 6th?
Can you send me a form and get me on the agenda for the 0930 meeting on the 6th?
I'm not at the office right now, I'll have to follow up on the morning.
Ok thanks
Call me in the am.... and thanks by the way.
Any new news?
Any new update?
Any new update?
No
Not about you
Anything new?
No, they have moved on to other things now.
Ok cool. They will be back to this one real soon!!! LOL!!
Any new updates
No
Ok, I'm waiting on a response from xxxxxx and then we will be adressing by a formal letter. I did put grids up.
By the way, you should start your own managment company and take over xxx
Or xxx should start our own and you run it
Sorry been swamped. Can't wait to see the grids. About to head that way
R they sending you to inspect
Yeah
I have another place to go to meet with an owner then I'll drive by
Yes! That would be my absolute dream and hope to make it happen
Ok i will probably be home. Stop on by.
Well lets make it happen.
Actually I gotta go to your place first
Ok at pu lix noe
Let's do it! All in need is the board vote and it can happen
Well i may just run... never know
Call me when you get to my place
Okay. I'll be there in 5
Trying to get water for thus hurricane
Do you need some
Yeah, probably. Praying it doesn't hit us
If pxxxx has some i will get you a case or two
Sep 7, 2017
Im at my house now if you want to swing by
Sep 8, 2017
No letter today
U want to swing by and grab the water today
Sep 9, 2017
Hey, do you need me to bring you water?
Tuesday
Hey, you guys do okay thru the storm???
Yeah, we did ok. One small leak, a pool and yard full of limbs and leaves. Hoe about you?
Not too bad, I haven't had a phone since Thursday, so that was the worst of my problems.
We will back in the office tomorrow. I'm sure it's going to be a nightmare
(1/3) Yeah, I'm sure so. Lots of stuff to write up now..... lol. Whats the word on my deal, have not recieved a letter or email. Oh yeah, I found a house in
(2/3) the hood with grids on one window on one side (which can be seen from the road) the rest on the sides dont have any (which can also be seen from the road)
(3/3) . So much for consistency.
You never swung by to get your water.....
We lost power for about 8 sec, do you have power now
I know, I busted my phone on Thursday and ruined my life!
I haven't heard anything about your deal. Xxxxxx said she sent a letter tho
That stinks, did you get a new one today.

Never got a letter, do you know what it said?
Yes, I got it this afternoon
You can login to your account online
It shows me letters
You can see any letters, Acc apps, and payments or balances on your account
Hmmm. Did not know that. What is the website?
Yeah
It's xxxxxx then the owner login screen
You have to have your acct number tho
Let me see, be right back with you
I'm about to run in target and when I get back to the house I'm gonna work for a few hours so I login and reset your password and let you know what it is
I may have it, i will let you know
I have my account number, but have no idea what the password is, i tried to recover, but am locked out? Can you help me with that?
Yeah I'll reset it. They sent letters with the password over a year afo
I actually eas able to get in.....but it only shows the original letter. She must be behind putting the other one in there.
Yeah, there should be 2
You might have access to all the owner accounts because you're a committee member
Can you get me a copy of it?
I need ti know what it says
I have a new set of grids... they are called prairie grids...... actual grids
If it's not on your account there isn't one
It generates from the system and automatically updates the web portal
For real
Yep, only for a gre more days. I will change them up.
Those are definitely grids
Oh yeah. They ar,
not consistent. I dont plan on leaving them up but until friday.
Pic
That's creative
Are you going to have new grids every week? Every time they change you'd have to get a new letter
(1/3) I may, not sure. Friday, I will take them down and then figure oit what design I want if any. I just need them to tell me how they are going to handle s
(2/3) o I can make a move. Like actually pit me on the cec agenda so i can speak to my team mates about it. It would be funny if the othere cec memebrs voted
(3/3) 0 dollars or of xxxxx is takimg me to the lawyer. That is what I'm waiting on before we make a move.
(1/2) I need xxxxxxxx to commit to a actual penalty so we make our move. I'm not stopping. I'm most limely going to start a campaign against the xxxxxx wh
(2/2) en its time.
...so that means you'll be running for the board??
(1/3) Maybe, have not decided if I will run or just cause them alot of heartache. But definatly will run a campaign against the xxxxxxx. I am thinking about
(2/3) getting a window decal made right know to have on the back of my truck regarding the ACC and the frivolous decisions beingg made and specifically by Fles
(3/3) her and xxx.
Oh god, that would be interesting. Give them all something to talk about on fb.
I'm surprised there isn't a fb hate group solely dedicated to the HOA
Facebook and neighborhood. It will be great!! Yeah, I looked for one the other day, but did not find one.
I don't believe there is one. Makes me want to make a fake profile jus to see the shit show
(1/2) I acrually thought about throwing out there a one liner " as a xxx resident, do you ever wonder where your money goes and why we pay so much to a property
(2/2) management company?" Just to see where it goes.
Im wriiting xxxxxx a letter now. Telling her to stop sending me the harassing letters.
Wednesday
Well she didn't send one
I saw one on the website. So are we good or what is her next move?
She did not send it but there was one in my account dated sep 6, so that was ome last week. She must have not sent it yet.
(1/2) I need her to send me a letter stating I'm good moving foward or what her intenstions are moving foward. As soon as she puts me on notice that fines or l
(2/2) egal action is being taken, then we will make our move.
Are you working today?
Im in a meetimg can I call you in a bit?
I'm in the car heading the xxxx
Yeah
Ok. I will call you in a bit.
What dis they say today
Thursday
Anything said today?
Nope
Xxxxxx isn't at work
Ok, is she going to reply back to the email I sent yesterday regarding the 3 items?
She marked off sick?
I still did not get the letter yesterday.
I told the my ACC chair they you requested to meet.
I'll tell patty that you called and see if she wants me to respond
What did xxxxxx have to say?

Yeah, tell xxxxx and see what she says..... she probably hates ne too!!! LOL!!
Your the best....and funny too!!!
Big eye roll and you won't be getting a response from me. It's gotta stay with the cec manager that's been dealing with the matter
LOL.....she was crapy to you about it?
I did not figure they would want you to respond.
So what was xxxx's response? Seems like xxxxx, xxxxx, and xxxx are in cahoots and just like to be difficult......and xxx too.
She said no to a meeting that it was a CEC matter now.
I want to fwd ur email to the entire ACC, so the committee could respond as a whole
Based on xxxx's response it would not matter if they reviewed the email as it is up to the CEC. This is comical dealing with these crazy people.
That just shows no one down there (other than you) wants to actually do whats right.
They want to act lime its the other people who have to deal with it.
Regardless, your still the best!!
😊😊😊😊
http://extremehowto.com/grid-guidelines-for-a-great-look/

Open the link and look at item 3....i technically have hirizontal grids based on this website.
Image
I'm at the park with the kiddos so I'll check it out when I get done
Yesterday
Any new news this morning? I have not received a response from xxxxxx for the 3 items i habe requested.
She's hear today, but hasn't said anything to me
Hmm, i was going to write her and ask if she has had a chance to look at the requested action items
Where the heck can i find the agenda for the next board meeting
I was going ti send an email asking, but wanted to find it first and look.
FYI, out contract with the poa stipulates all request from owners are answered with in 24 hours
You should request a copy of the management contract. I think it's part of the official records so I think we have to give it to you according to the procedure.

Ok i will ask for it. Also, where can i see the agenda for the next directors meeting?
It should be posted 48 hours prior to the meeting in the website. That's per statute
Where on the website?
Under the webportal.
Log in to your account and there should be forms, minutes and agendas
Got you ok thanks
Writing an email now, get ready for it.
Okay. I know nothing
Lol
It should be showing up in a few.
Anything said?
She never responded
Call in a few
Ok
U able to talk?

NO!!!!!!!!!!!!!!!!!!!!!!!!!!

Per your posting, there is legal action taking place.
Hence, everything should be written (letters/email) in order to have proof of what is said for the court. This action protects both sides.


I am not an attorney.

Based on what you have posted, I am of the expectation that somebody recorded the calls.
Per FL statutes, FL 934.03, all parties who were part of the conversation need to agree any such recording or disclosure of the recording.

Hence, you providing such information on the internet may be a violation of this statute.

IF YOU ARE NOT A PARTY TO THE LEGAL ACTION STAY OUT OF IT. Give moral support and listen but don't give advice. You said it's a legal action, hence legal advice is needed not friend advice.

Now - lets get down to the actual violation.

Based on what was said, I expect that the homeowner replaced windows.
Most governing documents (typically within the covenants) require prior approval from the Association before making an exterior change.
Did the homeowner request and receive prior approval?
If not, then they are in violation of that covenant.

That is the bottom line and will likely be the actual issue within any court case.

I didn't see if you specified if the window grids exist or don't exist.

If they don't exist, and the Association wants them, snap in window grids can be purchased and installed. This will likely satisfy the issue.

If they do exist, and the Association doesn't want them, I would strongly suggest a compromise be offered and made in order to avoid court.

Again, the homeowner needs to seek legal advice if legal action is happening against them.

Probably did see the first post. They did post a whole personal conversation on the internet without any party consent. Unless they are the one who was the "ACC POC". The conversation posted most likely would never stood up in court. Believe it falls under "wire tapping" laws. Which in some states may mean that one party has to know and acknowledge the conversation is being recorded to be admissible or "legal" to bring to court. Most of the time such conversations that were posted are not allowed in court.

This person seemed upset/mad about something but the approach on handling it was a concern. Wish they had stayed around to hear more variety pieces of advice. I wasn't posting the first time to be "helpful" but more of a "stop, breath, think" response. It was looking like a run away train situation that could hurt everyone involved if not slowed. Plus I was posting from my tablet which is hard to type on. So it wasn't the best advice due to my typing ability.

Although the OP appears to be gone and the legality of recording/posting might be an issue, I see it as an owner discussing his violation with the ACC. There has been no legal action filed and though threatened it has not been filed this I see nothing wrong with the conversation.

That said, the minute anybody mentions/threatens a lawsuit to me, my reply has always been: See you in court. Goodbye. The ACC person should have done that.

LOL ... keep in mind for the OP to have text these where potential EMAILS posted ... NOT private conversations.

Janet it doesn't matter if you put a name in it or not. It's still a private conversation of which no one agreed to make public. Plus emails are PRIVATE conversations. This is a public forum.

Let me put it this way... What if I took one of your posts from this site and posted it in another one? How comfortable would you be if that happened? Or that I figured out your HOA and sent them a copy of what you put in this forum?

Everyone here would gladly have given the OP advice. However, the contents of what they posted would not be admissible in court of law. Plus would not be comfortable knowing the people involved had no idea or permission of that conversation being published.