Abuse of power of board members

Started by LauraG1 • 21 replies • 3021 views

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LauraG1
Posts: 7

Posted:

In my Florida development, the president of our HOA sent to all of us an email stating that" board members have the final decision on building a wall to close one entrance to the development at a cost of $70,000!" He refuses to have the closing of the entrance and cost issues submitted to a referendum! We will be assessed about $2,000 one time payment. Is it it an abuse of power? I do not have $2000. What are my rights? The policy in our convenants are loose and foggy concerning decisions made by board members.Please help. Thank you.

JosephW (Michigan)
Posts: 874

Posted:

The key may be whether the board has the authority to assess for what sounds like a capital improvement. Most associations give the board the right to assess (even special assess) for maintenance of existing items, but usually require a vote of the owners for something for creating something new that wasn't part of the original common areas. See if your documents discuss the board's authority to assess and for what. Also the board usually does not have the authority to make significant changes to the common areas (closing entrance?), without owner approval. Some of the Florida members my have more info on whether the state laws address this.

Joe

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JoeW1
Posts: 687

Posted:

LauraG1 - Look in your by-laws. The by-laws and covenants deal with separate things.

CarolF
Posts: 431

Posted:

Have you checked with your county planning & zoning? Perhaps this entrance was required for additional emergency/fire vehicle access.

NancyD1
Posts: 446

Posted:

Quote:

Posted By LauraG1 on 08/29/2007 6:26 AM
In my Florida development, the president of our HOA sent to all of us an email stating that" board members have the final decision on building a wall to close one entrance to the development at a cost of $70,000!" He refuses to have the closing of the entrance and cost issues submitted to a referendum! We will be assessed about $2,000 one time payment. Is it it an abuse of power? I do not have $2000. What are my rights? The policy in our convenants are loose and foggy concerning decisions made by board members.Please help. Thank you.

Check your by-laws for a specific amount that the board can spend on capitol improvements. Usually $10,000 to 20,000.

There can be no special assessments in FL unless:

The board first has to hold a special meeting for the assessment only. The meeting has to be posted at least 14 days before with the aganda item of assessment only. A budget for the project has to be presented to the members at the meeting.

If the board cannot spend $70K, as per your doc's, then it has to go to the members for a vote. 2/3 of the community.

You can find the assessment rule in FL statue 720.

DavidH4
Posts: 35

Posted:

#1 Check the Florida Statutes as they will override any Covenants and By-Laws.
#2 Check you CCR'S language as it applies to the Boards rights and the homowners rights. Most likely your Board cannot assess you for this Capitol Improvement with at leas 3/4 of the homeowners approval.

LauraG1
Posts: 7

Posted:

Thank you so much for your help. I feel a lot better because of your sharing your knowledge. Thank you again.

LauraG1
Posts: 7

Posted:

Thank you so muh for your help. I appreciate it. Will do.

LauraG1
Posts: 7

Posted:

Thank you so much. Apparently the board members, last year, asked the fire dept. to test the only entrance we have now. Kind of unsafe because we have no fire hydrant in our development and the only entrance now is very narrow.

LauraG1
Posts: 7

Posted:

Thank you so much for your help. It was exactly what I needed to go further. Thanks again.

LauraG1
Posts: 7

Posted:

Thank you for you email. I will check the FL statute. And it is not the first time it happened; last year we were assessed $150 to "beautify" the small entrance, but we, the residents, had no vote on it. I hope everyone's help on HOAtalk will help me put an end to these assessments without the community voting on them.

RobertR1
Posts: 5,115

Posted:

Would I be wrong to assume the Board wants to close one entrance because of security reasons or traffic problems? Seems to me there are other solutions to this problem other than spending $70.000. Why not a fence to test the effectiveness of closing it off. Put posts or barriers across road that can be moved. Post better signage. Maybe county will provide some input. I am cautious about making any change to property that will be permanent. Who knows what tomorrow will bring. But 70K to close off a road is way out of line and not very smart. Something of a temporary nature is called for and re-visit the issue in six months. Talk to Fire Chief and ask for his personal evaluation of your entrances or any improvements he would make. In writing.

LauraG1
Posts: 7

Posted:

Thank you so much for your help. The board members decided in 2005 on their own, without our votes, to close the entrance because of traffic. We had a burm and small trees installed where the entrance was, and it is working real good. Many residents suggested a fence or taller burm to the board; these options were rejected by the president immediately. I have always suspected some knick backs because despite our requests we can never review the bids and winning bids.

RobertR1
Posts: 5,115

Posted:

Laura,
Apparently then the problem is not with the entrance it is with the President. I would get together with "the Many residents" you refer to and add as many more as possible and tell him/her you are not going to pay assessments. I would put it in writing and get co-signers. I would qualify your refusal with a stipulation that the expenditure of this kind of money must be made by the Association and you are informing him/her that if necessary your group will retain an attorney. Include that you all suggest a Town Hall open meeting about this issue and offer to sit down with the full board to discuss matter (not just the president, the president was elected by the Board and serves at the boards pleasure.

DavidH4
Posts: 35

Posted:

Laura, the Association records are open for review by any Homeowner. Do you have a Management Company or does the Board keep these records? They are bound by law to have these records available for Homeowner inspection. Sounds like this clown you have as President is getting some kind of favors from someone. Your Covenants should provide for Board Members, including the President to be removed without cause by a majority of the Homeowners. Get rid of him before he puts all of you in bankruptcy.

PatriciaS
Posts: 12

Posted:

Florida has state statue 720 which should help you in your cause. It is all there what they can and cannot do. Take a look. Good Luck.

LisaN1
Posts: 12

Posted:

Look at your docs. In my community, a board can't make improvements that exceed $5,000 without a 2/3 vote of the community.

RobertR1
Posts: 5,115

Posted:

Lisa,
Just to be sure, what I am hearing you say is: There is nothing you can do about it at the State Law level. Your solutions have to be internal.

If so this fact is becoming more and more prevalent around here. I have run flat up against it with the Attorney General Office telling me their office considers the operations of a Condo or HOA are outside the laws of the state. I should get an attorney. I am supposed to hire an attorney and could end up in a state court that the AG says has no authority over my concerns. But, refuse to give me a written statement to this effect. They have also refused to address any more questions about the matter.

I'm not missing anything, I already knew changes have to be made internally, and faced with that fact. I am more concerned about why this is so, and my question slips down the board of importance.
A mess, mess, mess.

The question: Does the state condone closed regular meetings in HOA's and condos?

DavidH4
Posts: 35

Posted:

Florida Statue prohibits closed meetings unless you have an executive meeting with your attorney to discuss sensitive matters in reference to an employee of the association.

RobertR1
Posts: 5,115

Posted:

David,
This is not the case in South Carolina and I am afraid many states, how many? Who knows, not that the numbers would be relevant.

JimG2
Posts: 6

Posted:

Hey, I'd read through the Davis-Stirling Act (at least that's the document to read in California) to check to see how many HOA members need to agree to the cost, and to see what is the maximum they can increase HOA dues or special assessments in a given year.
-Jim

SuzyS
Posts: 9

Posted:

One of our board members closed off an emergency secondary access in and out our community that is designated on his property. He knew this was an emergency route but did it anyway. When the issue was brought up at the last meeting he said that he could take down part of the fence in case of an emergency. This guy is in a wheelchair. ...emergency???? Does this make sence? I went to the Town and they said he was in direct violation and would refer the case to the Town Attny.

Our Town usually doesn't like to confront anyone or make waves... I would like to see this board member be put in his place. There are 53 homes at stake.

They do what they want.

JD- Tucson

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