GinaF1 (Florida)
Posts: 7
Posts: 7
Posted:
Hi... Prior BOD member. Moved to new community... Both in Florida. The new, recently elected board is,I'm sure, very good in there respected fields however over last several months it has become increasingly clear these guys have no idea what the f*** they are doing. My neighbor and someone whom I am friends with, is the BOD president. I started a casual conversation with him about the HOA without trying to act like a "know it all" and was very careful about his ego. The last thing I want to do is to become an "enemy of the state." And tell them what to do.
Long story short our community is part of a very large development. The development has smaller "villages" that once completed, each one becomes its own HOA. There is also a CDD involved. Anyway, the entire development is what is concerned a "development of Regional impact." (DRI).
The BOD is following the directions of the management company that was in place by the devoloper. Since this management company interest is with maintaining a positive relationship with the developer, (20 plus years to go until entire community is finished) one would assume a conflict of instrest would be apparent but this BOD is not at all concerned. I honestly do not blame the BOD, I am placing the blame on the management company. I am questioning some of the financials while under delevoper control... The delevoper left us with less than 2k and won't allow full access to prior HOA docs, contracts and/or financials. The management company is adamant that the developer does not have to. Plus the budget for next year(voted on and approved by new bod) has no line for attorney ("management company can do all that"is what president told me) and also no reserves... AT ALL. ("The cost for the things that the HOA is responsible for won't cost much." Is what I'm told, as well. But not at all true. As a matter of fact, two of things that my last HOA fixed and cost a crap load is the responsibility of this HOA )
Moving on, the management company has told me that the florida statues 720 laws pretaining to transition or turnover do not apply to our HOA because of the DRI. As a matter of fact, the manager or CAM assigned to our community, who is the companies vice president, has told me that in general most of FL 720 does not apply. HERES THE KICKER.. the statue (720.307, I think ) that addresses turnover IN FACT DOES NOT APPLY TO DELEVOPMEMTS OF REGINAL IMPACT. seriously, read the last (d) sentence in that section.
Without boring everyone with details... What some of the BOD is doing is bad practice and not illegal, but someone with an ounce of HOA experience (or sense) would realize how bad some of the BOD actions be bad, turn bad, or possibly turn into a nightmare.
Case in point, the BOD is changing rules to our ACB guildlines to read "rocks are allowed to be used, per board approval" (rocks, before turnover were not allowed in the devoloper's ACB rules but the use of rocks are not addressed in the official docs). FL law talks about if a ACB guildline is not written to detail the size, location, bla bla bla the HOA can not deny a request. In a nutshell if someone decides they want to rip out the entire front yard and install pink rock, the HOA will not win in a case to compel the owner to change. HOW DO I KNOW???? IT HAPPENED IN MY LAST HOA. (Please do not go into Florida friendly landscape law... It does not apply and is not relevant).
Other things are beyond against the law and the CAM has already been called out on one of those items. But the gray areas or things that I either know is not right and are being told that "we are DRI does not apply." I'm not sure what I need to do or how to approach it the best way. Basically, I'm not an attorney and at this point hiring one might be premature. The Current BOD is a sausage fest and thinks that "they got this." (Btw, the BOD was under the impression that the management company rep or our CAM is a BOD member and the secretary of the board. They are also allowing management to hire vendors they have no knowledge of, set meeting time and dates and also giving them advice that an attorney should be doing. That only the start. ) Here is my questions...
Has anyone dealt with a DRI and an HOA??? Thoughts and directions.
I don't want to "destroy" this board... Not a good way to stay feiends... What is the best way to approach them and make sure they understand the Clift I see us driving g off of. (Look, we all know that if everyone would know I'm right 99 percent of the team, we would not need to waste all this time, right? My husband understands this. Just kidding)
If all fails, has anyone hired an attorney to draft a letter explaining to the board what is not being done or what they are doing that is not fulfilling there fiduciary duty? Ideas on cost of these???
Thanks
Long story short our community is part of a very large development. The development has smaller "villages" that once completed, each one becomes its own HOA. There is also a CDD involved. Anyway, the entire development is what is concerned a "development of Regional impact." (DRI).
The BOD is following the directions of the management company that was in place by the devoloper. Since this management company interest is with maintaining a positive relationship with the developer, (20 plus years to go until entire community is finished) one would assume a conflict of instrest would be apparent but this BOD is not at all concerned. I honestly do not blame the BOD, I am placing the blame on the management company. I am questioning some of the financials while under delevoper control... The delevoper left us with less than 2k and won't allow full access to prior HOA docs, contracts and/or financials. The management company is adamant that the developer does not have to. Plus the budget for next year(voted on and approved by new bod) has no line for attorney ("management company can do all that"is what president told me) and also no reserves... AT ALL. ("The cost for the things that the HOA is responsible for won't cost much." Is what I'm told, as well. But not at all true. As a matter of fact, two of things that my last HOA fixed and cost a crap load is the responsibility of this HOA )
Moving on, the management company has told me that the florida statues 720 laws pretaining to transition or turnover do not apply to our HOA because of the DRI. As a matter of fact, the manager or CAM assigned to our community, who is the companies vice president, has told me that in general most of FL 720 does not apply. HERES THE KICKER.. the statue (720.307, I think ) that addresses turnover IN FACT DOES NOT APPLY TO DELEVOPMEMTS OF REGINAL IMPACT. seriously, read the last (d) sentence in that section.
Without boring everyone with details... What some of the BOD is doing is bad practice and not illegal, but someone with an ounce of HOA experience (or sense) would realize how bad some of the BOD actions be bad, turn bad, or possibly turn into a nightmare.
Case in point, the BOD is changing rules to our ACB guildlines to read "rocks are allowed to be used, per board approval" (rocks, before turnover were not allowed in the devoloper's ACB rules but the use of rocks are not addressed in the official docs). FL law talks about if a ACB guildline is not written to detail the size, location, bla bla bla the HOA can not deny a request. In a nutshell if someone decides they want to rip out the entire front yard and install pink rock, the HOA will not win in a case to compel the owner to change. HOW DO I KNOW???? IT HAPPENED IN MY LAST HOA. (Please do not go into Florida friendly landscape law... It does not apply and is not relevant).
Other things are beyond against the law and the CAM has already been called out on one of those items. But the gray areas or things that I either know is not right and are being told that "we are DRI does not apply." I'm not sure what I need to do or how to approach it the best way. Basically, I'm not an attorney and at this point hiring one might be premature. The Current BOD is a sausage fest and thinks that "they got this." (Btw, the BOD was under the impression that the management company rep or our CAM is a BOD member and the secretary of the board. They are also allowing management to hire vendors they have no knowledge of, set meeting time and dates and also giving them advice that an attorney should be doing. That only the start. ) Here is my questions...
Has anyone dealt with a DRI and an HOA??? Thoughts and directions.
I don't want to "destroy" this board... Not a good way to stay feiends... What is the best way to approach them and make sure they understand the Clift I see us driving g off of. (Look, we all know that if everyone would know I'm right 99 percent of the team, we would not need to waste all this time, right? My husband understands this. Just kidding)
If all fails, has anyone hired an attorney to draft a letter explaining to the board what is not being done or what they are doing that is not fulfilling there fiduciary duty? Ideas on cost of these???
Thanks