Receivership Appointment

It was around 2014, rumors started about "Board Member Theft" and next thing you know we have multiple HOA "Boards" fighting back and forth telling Unit Owners to pay them & not the other. Long story short, now it is 2018 and more rumors about liens being placed on Owners Units from a "new association", although after finding out after researching the County Clerk of Courts website, seems that one of the "alleged thieves" had a "receivership" appointed and was able to get out of his foreclosure through discharge so now 3 years later his receivers are doing foreclosures based on liens they filed through the Public Records. The original Board member was charged with $513,000 in theft from the HOA account and the others are being charged with theft as well as putting a New Board together that wasn't actually legitimate. There is violations of owner rights, selective enforcement, liens that are not legitmate but require an attorney because it is mentioned that you do not win against the Association. It is one big mess. The original member charged with theft managed to purchase like 38 or more units and moved Section 8 into the units, they were purchased into some investment company (corporation), the pool has been closed, maintenance good luck and bye bye repairs. Hundreds of thousands is going towards attorney fees and there are cases still in litigation since 2014, numerous foreclosure cases now, and is there any help or suggestions PLEASE

Way beyond the scope of this forum, I think.

Would be helpful to all of us, however, to know what happens.

He actually managed to "get away with it" because the case states "disposed by prosecutor"! Then how nice that ALL 38 units were sold to a "corporation" for $247,000 each! I have to figure out what the paperwork means because I have seen a lot of motions (to compel, summary judgement, to dismiss, motion to abate, to intervene) If the declaration dates back to January 2007 and it states that assessments are to be designated as "common expenses" and the liens state maintenance and they are constantly mentioning the declaration …. shouldn't the liens state "common expenses" like it states? Then the Delinquent Notice have addresses on them, shouldn't the Intent to Claim, Claim of Lien, and the Delinquent Notices all have the "same amounts" on them? It just seems strange that it can go "down" two months later. Plus they continue to take my payments out of my account automatically each month and you would assume that if I had "past due assessments" that they would reject my payments and insist that I contact them so they could deliver paperwork to me? The letters state they are "debt collectors" and one of their other documents go on to say "if deemed a debt collector", they are a non profit corporation in the State of Florida in charge of the operations and collection of past due accounts. There should be something that can be done because this is not fair, the latest thing in that case is the receivership saying they want an Order for Claim Process so that "those affected by the existence of two boards" and claims from creditors, bring order to the association so it can eventually turned back over to the members and that those "vested" should include them, the creditors and the unit owners. Does anybody know what that means or maybe any suggestions? Thank you

He was the original Board President with three others that were pretty good friends in my opinion. It states that he let them know they were past due and that is when they all turned on each other. Of course, he was arrested but he was bonded out and the case was dropped by the prosecutor. He is very smart, documents state he was hiding information and obviously not telling the truth. He wants another receiver appointed and some of the owners in foreclosure are going to his attorney and affidavits are being submitted against the one that had the receivers appointed in court, his foreclosure dismissed and sold his unit. It seems that claims are being made that that one stole $10,000 from the account for "pool maintenance", which the pool is right behind my unit and has been closed since this crap started. It seems strange the receivership budget has pool repair, maintenance and pest control but again NOTHING IS BEING DONE. He supposedly purchased them with the money he stole from 2009 to 2014. He sold them all to a "corporation" for $247,000 each;.. yes EACH. That doesn't take a rocket scientist to figure out exactly what is going on with that but untouchable. There is no existing HOA because for about a year there were two HOA's...

I am still trying to figure this out. Who is in Receivership? Is it him or the HOA? Was he the Developer? His being the first Board President was that AFTER the HOA was turned over to the owners? If not, he sounds more like the Developer/Builder. Plus he sounds like he was part of a LLC? (Limited Liability Corporation). Which isn't unusual for multiple partners to be part of. Hence why the others were involved. In my opinion, it just goes down to who gets the shortest straw on who does the jail time on when things go south. Sounds like he's got a little straw...

So what does this all have to do with you? They are still going to take your assessment out of your bank no matter what. You must be set up for auto with drawl with your bank. Are you paying the right amount of dues? Did they raise them or have a special assessment? I don't get the logic why they would stop taking your money out. A HOA is ONLY funded by it's members for it's members.

As for foreclosures, those happen when someone doesn't pay their assessments. Plus they STOP immediately once the amount owed is paid. Same with Liens. They are there because money is owed. Once it's paid, then they go away. If not valid, then should be able to prove that.

The receivership can't tell still if it's the HOA's. If so, then it's really the Receiver that is in control of everything. They make the rules and do the collections. They basically are in control of the HOA. It's usually a court appointed lawyer/MC that does this. Which means your basically controlled by the court system. If it is the ex-President's receiver, then that receiver is in control of their money. (Brittany Spear's father is in a Receivership with her father as an example). This is why it's important to understand if it's a HOA in Receivership or this Owner/Developer. Different issues.

Sometimes the expenses a HOA spends on items are not something you see. It could be the money is going to pay fines or things are on order. Pools have lots of hidden expenses you may never see physically. So it is hard to judge if you don't "SEE" it. Our County regulates pools. If in violation, they can shut it down and force you to pay fines if you want to open it again. So that money could be seen as maintenance expense.

It's still a bit fuzzy to give advice but feel free to keep providing details.