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AllumW (Florida)
Posts: 68
Posted:
So, I posted previously about being in a 16 year old developer run HOA. We've only lived here for 2. Our neighborhood is over 700 homes and has no contact with the developer board. Our only contact is the MC. So - we complain to the MC...he pacifies those complaints and it dies...then months/years later...we complain..he pacifies and dies..rinse and repeat.

After moving here, I could tell that the main issue is there was no organization among the homeowners. It was essentially individual homeowners complaining to the MC about specific issues. Seems like when they got a certain # of complaints about said issue, they would address it. But with no follow up - IMO. Over a 2 week period - It took about 3 phone calls, 3 emails and a VM stating that if I didn't receive a call back, I would come by the office since there's no other way to get in contact. Miraculously - I received a phone call after the last VM.

Issues were/are:
*When are we going to have a 2nd meeting of the year? (asked in July) - "I'm going to schedule after school starts". When I stated that I would bring up the rest of my questions at the meeting, he stated that the ONLY thing we're discussing at the meeting is volunteering.

*Developer said they would install a traffic light. When asking the MC about the status - they would say "I hadn't heard anything" or "I called the developer but they haven't gotten back"....in 2 years. The correct answer is "The plans were submitted to the city and has to go thru their approval process. However, I will follow up with the developer for the status."

*Adding a 2nd entrance - will the new section be built with the possibility of including "I don't know..i haven't heard anything about that". The correct answer is "NO - the new section will not include the 2nd entrance and the owner of the land the road has to go thru will not sell"

*Who owns the website? It's outdated showing 2013 pool rules. I've been asking this for few months - "I emailed the person several times but not heard back". When asked who owns the website. I received no answer. It took me 20 minutes to find the owners information in a google search, send them an email and he gave me access to update within an hour. As of last week, I'm now the owner of our website and it's completely updated.

These are just a few.

Over the past 3 months - I have been researching the issues that have been brought up repeatedly over the past few annual meetings. I contacted the city and state to find out status of certain projects promised as our MC has been completely vague on the status. The MC vagueness has caused our annual meetings to descend into shouting matches. With the last one in Feb of this year requiring police to have 2 people escorted out. I've read thru all the HOA documents and posted them online for the homeowners.

Fast forward to this month. I held a meeting with the neighborhood. I didn't invite the MC but the rep attended anyway. They were concerned that my meeting was going to be a negative meeting bashing them. (MC implied this when I met in their office and asked if they would mail my agenda to the community. They said no bc it wasn't an official meeting and didn't want to risk bringing down the community with negativity).

In my meeting, I addressed the concerns with factual/verifiable information from the city/state. I was able to provide resources for many of the concerns. Anything I didn't know, I let them know I would follow up (which I provided updates online). AND - no shouting matches. Not one (YAY). We came prepared with sign up sheets to set up for committees (Event, Volunteer, Neighborhood Watch, Advisory) and got volunteers. The MC held a meeting 2 weeks later - that also didn't descend into madness. He reiterated some of the same points I brought up 2 weeks earlier. He continued to be vague on several issues and I stepped up to provide clear answers. I could tell that the homeowners appreciated clear and direct answers which stopped the beating of the dead horse. Letting the homeowners know that my answers aren't coming from the MC but directly from the city departments I called, city meetings I attended and Sheriffs meeting attended. The homeowners don't trust the MC answers previously given.

So, HOPEFULLY - these are steps in the right direction to get organized! I just wanted to share.
SheliaH (Indiana)
Posts: 6,964
Posted:
Good job! If/when your developer ever decides to hit the road and turn this community over to the homeowners, I think you will be among the first on the new board of directors and will be good at it!

You've also demonstrated that the greatest movements often began with one person deciding to do something and that's what we all need to remember. Sometimes change hasn't happened because YOU haven't stepped up and until you do so, things will remain the same. That's easier for a lot of people because they look at a problem, think it's too big for them to handle and then walk away, not wanting to hear anything else about it. But just because you choose to ignore it doesn't mean it doesn't exist or won't worsen over time.

However, this ends, I wish you well.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AllumW (Florida)
Posts: 68
Posted:
Thanks Sheila. Its definitely true that I takes one person to get the ball rolling. I don't know about being on the board though. My husband things I should go into property management. LOL
GenoS (Florida)
Posts: 4,276
Posted:
Good job, AllumW. I suggest reading FS 720, which was first enacted 17 years ago so yout 16-year-old HOA should be completely covered by it. The read it again. Get others to read it, too. Every time you read it you'll pick up something new from it.

Owners are entitled to attend every board meeting and speak to items on the agenda. You shouldn't have to beg to be given notice of those meetings.

Also, 20% of the voting interests can force the board to hold a meeting to address a particular item of interest.

"If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting."

As long as you're holding meetings anyway, note that a Special Meeting of the Members...

FS 720.306) "SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting."

10% of the total voting interests may call a Special Meeting. At least get these on record. I suspect that after 16 years at least 10% of the total voting interests are held by the homeowners, even if the developer is still around.
JanetB2 (Colorado)
Posts: 4,219
Posted:
AWESOME!!!

You did pretty much the same things I did with my last HOA. LOL ... I spent so much time presenting our Development issues at City Council meetings that they asked me to be on the Planning Commission and later also their Board of Adjustments. These were great to be on because I learned a lot more .... plus it helped me keep an eye on our Developer and the subdivision issues.

AllumW (Florida)
Posts: 68
Posted:
Quote:
Posted By GenoS on 10/27/2017 6:17 PM
Good job, AllumW. I suggest reading FS 720, which was first enacted 17 years ago so yout 16-year-old HOA should be completely covered by it. The read it again. Get others to read it, too. Every time you read it you'll pick up something new from it.

Owners are entitled to attend every board meeting and speak to items on the agenda. You shouldn't have to beg to be given notice of those meetings.

Also, 20% of the voting interests can force the board to hold a meeting to address a particular item of interest.

"If 20 percent of the total voting interests petition the board to address an item of business, the board shall at its next regular board meeting or at a special meeting of the board, but not later than 60 days after the receipt of the petition, take the petitioned item up on an agenda. The board shall give all members notice of the meeting at which the petitioned item shall be addressed in accordance with the 14-day notice requirement pursuant to subparagraph (c)2. Each member shall have the right to speak for at least 3 minutes on each matter placed on the agenda by petition, provided that the member signs the sign-up sheet, if one is provided, or submits a written request to speak prior to the meeting."

As long as you're holding meetings anyway, note that a Special Meeting of the Members...

FS 720.306) "SPECIAL MEETINGS.—Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting."

10% of the total voting interests may call a Special Meeting. At least get these on record. I suspect that after 16 years at least 10% of the total voting interests are held by the homeowners, even if the developer is still around.

Thanks Geno. I have read that section multiple times. When I met with the MC solo, I brought up that the developer was violating Florida 720 law. He stated "I know..but that's just how the developers do it. All my developer controlled neighborhoods are run this way."
JanetB2 (Colorado)
Posts: 4,219
Posted:
FL state statutes tends to cater to Developers a lot more than other states. They are getting better than they used to be, but not quite there yet in better protecting owners and secured creditors.

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