HELP!

NO

Why do you need a legal fund, Todd. Isn't there enough support to vote out the current Board??? Or most of them?

My feelings are similar to Shelia's and Kerry's. Else I propose to Todd that all those unhappy with things at his HOA start considering all the time and emotion a lawsuit takes compared to the time and emotion it takes to serve on the board or work to get better people on the board.

What is going to be your "case" in front of the court?

" . . . who refuse to allow property owner open discussion at meetings"
Board meetings usually allow for an "open forum" at the beginning of the meeting. This time is limited for residents to bring issues up. Best thing is to write a letter and ask that it be read at the meeting. Remember: Board meetings are not member's meetings; it's a place where business of the corporation takes place.

" . . and hides financial details."
You have every right to see financial reports. Talk to the manager. Are you looking for anything in particular? Ask to see the approved minutes. The treasurer's report is attached. At the Annual Meeting of the Members, a full report is given. Did you get your questions answered then?

"They hand pick committee members as well."
Boards appoint committee members. Not unusual.

"It is complete discrimination and suppression of property owners rights."
How?

"$100,000 proposed clubhouse expansion project. Concept plans drawn, no cost disclosed, no funding source identified.
Sounds like they are just gathering ideas/proposals. What do your bylaws say about approval from the Members about expenditures over a certain amount.

Unless I missed something I don't see your "case" for a lawyer.

There is something else going on here.

What citation(s) did you receive from the HOA, Todd?

Yes, there truly is something else going on.

There is no communication from the HOA. There is a portal, but meetings are held outside Sunshine Laws (Florida state law) and decisions are made without property owner input.

We are self managed, so there is no buffer to eliminate politics.

It is simply amazing.....

Carol,

Yes, I understand. Improper use of the Sunshine Law. However, Statue 720 does have language that prohibits HOA business to be stealth.

Please see contents of an article - Sarasota Herald Tribune.

If a quorum of the board is present together and discussing board business, that discussion constitutes a de facto board meeting, which must be properly noticed and open to the membership to attend, unless a narrow exclusion applies, such as a meeting with the association attorney regarding proposed or pending litigation. The key is defining what “present together” means.

A board meeting held by conference call where all parties can hear and be heard constitutes a meeting.

What about electronic communications?

What happens if, rather than holding an official board meeting, the individual directors instead email or text one another, copying all directors and the manager, clearly establishing an online dialogue?

As a director, what if you receive one of these exchanges and reply, “I concur.” Did you just vote illegally?

Do email exchanges among directors in advance of an official meeting make a vote on that subject at the meeting just a rubber stamp for decisions privately decided?

In other words, can a board do indirectly what the statutes say can only be done directly?

Here are just a few guidelines for use by directors of email communications:

Do not “poll” fellow board members. Less than a quorum of the board can meet, talk on the telephone or otherwise communicate with one another about association business without violating the law. Copying all directors regarding a pending matter may be fine, but even asking, “So what do you think?” can create a de facto board meeting if the question elicits responses.

Credit for this article - Tamela Eady is a Florida Bar board-certified real estate attorney with 25 years’ experience. She is an attorney with the the Law Offices of Kevin T. Wells PA in Sarasota, concentrating her practice on community association and real estate. Date - October 6, 2013.

If you are not already, you should become familiar with the laws governing Florida associations. For condos, this is Florida Statue 718, which also gives some enforcement powers to the state DBPR. For HOAs, it's FS 720. Those don't have an enforcement mechanism other than the courts for the most part, but still not a bad idea to be familiar. 720 states that upon request, the association has to make the records available for inspection within 10 days, or face a $50 a day penalty. Not that you'd collect easily, you'd need to sue for that too. I would reference the statue in the request, something like:
"Pursuant to Florida Statute 720.303(5), I would like to inspect the association records within the next 10 days, please let me know the date, time, and location where this can be done."

Make sure to read that section to know what the limitations are. Some records can be withheld, and the don't need to let you use their copier for free. They have to allow you to make your own copies, such as taking pictures with your phone.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

First, a community of 1,700 units should not be self managed. He is a puppet of the board, not a true manager of a residential community. Of course he is paid and licensed as a CAM too.

Yes, the majority are single family homes with a mix of multi family.

My point is a hired professional management company would eliminate internal politics as the board would set policy and procedure, then let the management company handle the day to day operations.

Guess who handles the day to day operations? A handful of board members.

Your insight is super. Thank you.

Sounds like someone who doesn't want to do the work so they rather sue. It is true suing your HOA is suing yourself and your neighbors. So guess you rather do that than "knock on doors"... Which is EXACTLY what you need to do! That is where the votes are at to get any changes. Behind those doors. No one said you can't stick a stamp on something and send it in behind them doors. (Legally MUST have a stamp on it if put in a mailbox). Don't want that expense? Walk to a door and greet a neighbor.

As for that person having a CAM license, that may be required in your state to be a MC. Some states require certain requirements to be met to qualify for such positions. Florida I believe is one of those states that requires certain licenses.

No one here made change by taking the easy way out. A lawsuit just creates an endless circle that eats itself till nothing left. It's the actual rules/regulations you find your answers. Which is an INSIDE source and NOT an outside one. So put up those bootstraps or sit back... That's the way a HOA works...

I'll agree with that completely without even knowing any of the details. My HOA is 100 homes, we're self-managed and over the years (turnover and self-managed since 1994) things have really never gone particularly smoothly. A management company would help but the biggest effort on that front is the older homeowners want to amend the CCRs to restrict the board from hiring one without the consent of the homeowners. That amendment isn't going to happen, but that's the thought process of many.

I would suggest starting with FS 720.303(5). Send a written request, certified mail & return receipt requested, to the board (or the association's registered agent) requesting access to all relevant records of the association regarding X, where X is the plans, bids and estimated costs for the new clubhouse, monthly financial reports, and whatever else you think may be relevant. Do read FS 720.303(5) and familiarize yourself with the type of records you may demand to see. Also note that subparagraph (a) says:

"The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection."

After 10 business days you are entitled to "damages" of $50 per day for each day past 10 that you are denied access to those records (for up to 10 calendar days to a maximum of $500). Get some of your like-minded neighbors to make requests, too. Send multiple requests for the different things you want to see. The law protects the rights of "annoying" homeowners who are a thorn in the side of the board when it comes to the official records. You can go to Small Claims court for each $500 claim if they do not give you what you want. This can quickly add up if more than one homeowner is making requests for access to the official records of the association.

Denying the right of owners to speak at board meetings is a clear violation of FS 720.303(2)(b). Unfortunately, there are no statutory damages awardable for the board's failure to do that. In a condo association, FS 718 would allow you to take the matter to low-cost arbitration with a state board, but in an FS 720 HOA you do not have that luxury; you have to go through (high-cost) mediation first before you can file a lawsuit (expensive) to compel compliance.

While the HOA law is on your side, it's not really on your side unless you have a boatload of money to spend on lawyers. Taking over the board or at least getting a few reformers elected is a much more cost-effective approach.

I'd start with the official records request. A few wins (you and others) of the $500 statutory damages will maybe wake some people up.

Carol,

I have lived in Florida for 40 years. Attracted - it was a gated community and was originally being developed by a AAA developer who ran into financial issues in the Great Recession and sold it to Taylor Morrison.

Of course, they cut corners and cost to build out remaining inventory. They are publicly traded, so the quarterly report is paramount.

HOA living is truly not for me.

Thanks

Todd,

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