Board Run Association

Our HOA is composed of 3 board members. A Pres, VP and another. Is it true that if HOA is composed of these board members that homeowners have no say so in the decisions of new bylaws, etc.

The president of our association gets anything he wants this way if we the homeowners have no say. The VP is his next door neighbor and they agree together.

Any help, thoughts, etc.

TracyC3 - Check your bylaws for specifics. However, typically the owners can petition to amend bylaws. No one or two people should be able to amend themselves.

Changes and amended to your documents must be approved by the homeowners. Check Section 720 of Florida HOA laws (obtainable on the internet and easy to find and read). The only thing your documents will (should) state is the number of homeowners required to pass these amendments/changes. Sometimes it is a quorum of homeowners present, sometimes it is the overall majority of all homeowners. If your documents don't specify, you follow what Florida law states.

How does a "Book of Resolutions" fit into this? It appears that our board decides to make changes and rather than put these to a membership vote, that they just write them into a resolution, and it's done.

ChloeL, well, frankly, that's what I say at times as well. Some homeowners want us to have a membership-wide voting on everything. Frankly, that's not a very productive process. Things move slow enough in a HOA as it is.

To my knowledge, the BOD hasn't even talked with the homeowners. I know this is petty but as an example, the bylaws says we can't have anything protruding out of the side of the building, etc, etc, they took it upon themselves to pass a "resolution" saying that we can have air conditioners only on the back side of the building, no window modification or 'thru wall' installations etc. However, the floor plans on the townhomes do not have a window large enough in the back (kitchen or upstairs bedroom) to accomodate an air conditioner. And they keep denying my appeal to have one in the front. My issue is that if they had at least asked they would have found that we don't care if air conditioners are in the front windows as long as they are installed correctly and uniformly. I just think that the BOD has a responsibility to find out what the tone of the neighborhood is, uptight, relaxed, or an inbetween mix. We are all hard working young families and we all have a really relaxed attitude towards our community. "lets keep it nice and presentable, be nice to each other, if I am causing a problem, tell me." However, we are being policed, singled out and harrassed over every little petty thing. When a word would do fine a letter is sent threatening fines. Everyone I have spoke with feels they are the target of the overzealous PM. The BOD doesn't see that the PM is dividing our community and causing problems by the "we have a complaint" etc. They think someone is complaining and it is only the PM policing our grounds. The only thing I don't know is if the BOD is telling the PM what to do or if the PM is acting on his own. I just want to know that my opinion counts for something, whether or not it is with the majority or not.

I did have an interesting and enlightening conversation with the President. He believes that we are completely governed by the bylaws and that the declaration is null and void since the turnover meeting. I tried to correct him and he says that that gets into legal areas he isn't comfortable with. He says I am uninformed and to read the bylaws and when I question points he directs me to the PM. He is afraid of making enemies with the community so he allows the PM to harass the homeowners with violation letters that we pay extra for. They say our funds are low and have cut our garbage service in half, but pay extra for violations letters to be mailed out instead of trying to talk with the homeowner one on one. He said that it is up to the homeowners to attend the meetings if they want to stay informed and his job is not to try in anyway to get the community involved. I offered to brainstorm and help with ideas to unite the community and he said "attend the meetings." Of course at the meetings we just have to sit there and keep our mouths shut.

Yes, after the meeting the homeowners were allowed to talk, but the BOD didn't listen to anything anyone had to say. I am so frustrated at this point. My questions are met with "if you want to stay informed attend the meetings, I understand this is the first meeting you have attended?" The president did answer my question of who held the 1 year, 2 year, and 3 year term with "I think the 3 year term is held by the Secretary, the two year term by the president and the 1 year term by the treasurer." He actually said if I wanted to know for sure I should ask the PM. Isn't he the president and shouldn't he know how long he is serving for? He says there was a vote, but it sounds like they just volunteered like my neighbor said. Before he would answer at all he demanded that I tell him why I wanted to know.... How do you get a board to resign? I am not in a position to take over, I only have 10 hours a day that I don't work, I am afraid I wouldn't have enough time to devote to the position.

You received some documents related to the HOA when you closed on your property. Find them and study them. The answer is in these documents and we cannot provide accurate advice without reading them.

In the case of my association, the BOD can not create new by-laws, covenants, etc. without a vote of the membership.