Florida HOA: No Budget Meeting (s)

Petunka,

We need a bit more info to be helpful in our replies ... for starter, pls quote the section of the Bylaws that address budget requirements.

A major issue in most HOAs is when folks listen to other folks about what their docs (Bylaws and CC&Rs) actually say ... "I was told that..." to us means that you need to find the docs, read and understand them, then speak with the Board about what has or has not been done ... this will start the process of clarification of requirements.

Now, it is not usual for the Board to develop the budget and present it to the community ... the community usually does not vote on the budget. If there is a major issue with the budget then communities usually have provisions in their docs and perhaps even in state statutes to demand a special meeting to address issues or remove the board members who are not being responsive to the needs of the community.

Check Chapter 720 of the Florida Statutes. It requires the budget to be approved at an open meeting, too. Whatever your bylaws say on the matter is irrelevant.

FS 720: "The association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is vailable upon request at no charge to the member."

Consequences for not following that? The board could be found negligent or worse for failing to follow the various parts of the statute. But that's only after owners bring some sort of court action against the board. The state of Florida, itself, doesn't care to enforce anything in an HOA outside of election disputes. You can call your state representatives, county officials, the Governor, Consumer Affairs (whatever it's called in FL), the state Atty General, the state Atty General's "help line", .... you name it. It's extremely unlikely that you will find anyone willing to halp you.

Pet

Not sure about FL, but typically a BOD has to present a budget once a year and it is usually done at the Annual Meeting. Typically owners do not get to vote on approving the budget but usually there are ways they can get together and disapprove it. That is how SC operates. Approval not needed but able to jump through hoops to disapprove it and not at that meeting but another subject.

Most of our owners do not have the vaguest idea how budgets are done, approved, disapproved, etc, nor do they care until dues are increased.

I should stay away from FL stuff......LOL

As far as I'm aware, homeowners have the right to inspect association records, including financial ones. (Types of records can vary by state.) Has anyone asked to see these records? That should be your first order of business. What happens at your annual meeting? Budgeting and other financial concerns are usually at the top of the agenda in my community's annual meetings. If the board ignores you or refuses to allow you to see the records, or if your community isn't holding annual meetings, then your board isn't doing its job properly and you have a good reason to consider electing someone who will do a better job.

Having said that, before you decide to remove the current board, make sure you have enough homeowners who are willing to serve. In my experience, people complain a lot, and when they're asked to step up and "be the change they wish to see", they're nowhere to be found. Being an effective board member is a time-consuming, demanding, and often frustrating job, and it looks a whole lot easier from the outside than it does once you're in the hot seat. Educate yourself, and look before you leap (you'll be doing that a lot once you're on the board, so best t0 develop those skills now).

Florida statute says board meetings must be open ... are board meetings held?

Florida statute also says the board members may NOT vote by email.

Probably a recall - however, you could shake the board up with a letter from an attorney - or, perhaps even a threat via registered letter to each of the board members ...

I'm assuming there is no management company?