Vote this Thrusday Most the people on ballot are deed restriction volators.

Started by GaryW12 • 15 replies • 699 views

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GaryW12 (Alabama)
Posts: 56

Posted:

I have no idea what to think.

Over 1/2 the people running for various positons are deed restriction volators.

What legally should be done about this.

We have 2 people running for president.

John Doe #1 : By law breaker
John Doe #2 : Owns Livestock in a non livestock area IE HERE.

Directors:

Chicken Owner 1
Chicken Owner 2
Normal Person

ACC
Chicken Owner.

What happens when people somehow get on a ballot that are OFFENDERS. This is a nightmare btw.

RichardP13 (California)
Posts: 3,868

Posted:

Are you on the ballot, and if not, why not?

JenniferG12 (Texas)
Posts: 103

Posted:

The chickens are staying. Get over it or move. This has come up like 10 times on here. You're not winning this. How are all your lawsuits going? Get any 'nice pay days' yet?

GaryW12 (Alabama)
Posts: 56

Posted:

I was told if they board did not have D+O insurance that I was a FOOL for getting on.

The board does not have insurance......and I know of 2 people that have hired their own lawyers to either persuade firmly for the board to start doing things right, or they can go with plan b and start suing til they learn.

I'm no dummy, I'm not going to get voted ON to a board of which has a sight of a crosshair right on it for legal litigation.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You can vote for someone or run yourself. If you don't vote for someone, then your reason is that they are "Chicken" people. It doesn't mean anyone else can't vote for them. Most likely your documents may not state they have to be in "good standing". Which basically means they aren't behind in dues. If they do need to be in good standing, it may be in reference to being able to cast a vote. So you can be the biggest violator and not pay a single due, and still be voted into office. Just can't vote for yourself.

Former HOA President

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By GaryW12 on 10/06/2018 7:38 PM
What happens when people somehow get on a ballot that are OFFENDERS. This is a nightmare btw.

Nothing you can do about it. Violations should be enforced against everyone. There's no special treatment or a "higher standard" for those on the board or running for the board (outside of the monetary obligation delinquency provisions of FS 720). If they're in violation of the covenants or rules then the remedy is to enforce violations against them the same as with any other homeowner.

Violations are irrelevant under FS 720 when it comes to board members or those running for board seats. If they owe money then it's a different story.

JenniferG12 (Texas)
Posts: 103

Posted:

Quote:

Posted By GenoS on 10/07/2018 12:15 AM

Posted By GaryW12 on 10/06/2018 7:38 PM
What happens when people somehow get on a ballot that are OFFENDERS. This is a nightmare btw.

Right but his issue is that the chicken violators are obviously going to keep allowing chickens. He's in a fruitless war against chickens.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Jennifer... A Fruitless war against chickens? Heaven forbid someone decides to use their land for an orchard too! LOL!

Think we can all agree... Get yourself a seat on the board, vote for the "Normal" person, or sell.

Former HOA President

GaryW12 (Alabama)
Posts: 56

Posted:

I'm leaning toward selling.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Fight Against the Chickens!!

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By JenniferG12 on 10/07/2018 3:08 AM
Right but his issue is that the chicken violators are obviously going to keep allowing chickens. He's in a fruitless war against chickens.

Ah. I didn't realize this was the chicken thing. I've tried to avoid all of that. But I did read something about board members and covenant violations and how some FL boards tried to kick people off their boards for it and the DBPR said "nope". Anyway... cluck cluck.

JenniferG12 (Texas)
Posts: 103

Posted:

Quote:

Posted By MelissaP1 on 10/07/2018 5:41 AM
Jennifer... A Fruitless war against chickens? Heaven forbid someone decides to use their land for an orchard too! LOL!

Think we can all agree... Get yourself a seat on the board, vote for the "Normal" person, or sell.

He can't get on the board. They don't have insurance. And other reasons not mentioned here. He is always getting in trouble. Wanting to sue over everything with ideas of 'nice pay days'.

Do you think he'd get the votes?

He is in a fruitless war against chickens. That is what all this boils down to.

In the past they said that they are going by country rules that allow chickens. They have said they will just give up any deed restrictions that cause any more responsibility to do anything. This HOA doesn't want an HOA!

They seem to want to live and let live like people outside of HOAs do, beholden only to city/county laws and so forth.

I'm pretty sure the chickens are staying. Moving is the only option.

JenniferG12 (Texas)
Posts: 103

Posted:

Quote:

Posted By MelissaP1 on 10/06/2018 11:10 PM
You can vote for someone or run yourself. If you don't vote for someone, then your reason is that they are "Chicken" people. It doesn't mean anyone else can't vote for them. Most likely your documents may not state they have to be in "good standing". Which basically means they aren't behind in dues. If they do need to be in good standing, it may be in reference to being able to cast a vote. So you can be the biggest violator and not pay a single due, and still be voted into office. Just can't vote for yourself.

Depends on the docs and the state. Texas, for HOAs, voided all means of prohibiting voting or serving based on financial delinquency. Condos they did not. We can still have that rule if it's in our docs. We can't pick and choose though. We can't prohibit one from serving but then allow other delinquents to vote.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

They can serve without insurance. That is just something that is a "perk" for personal liability protection if you were to become a board member.

I do like the thought of would the OP be elected? They can talk about everyone else but can they talk about what they bring to the table if elected? Mmm... I will have to hunt and peck on that a bit...

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

What is it with people and chickens ....???

AdamD1 (Indiana)
Posts: 179

Posted:

Quote:

Posted By GeorgeS21 on 10/08/2018 11:51 AM
What is it with people and chickens ....???

It's "trendy" .. fml.

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