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HectorR (Florida)
Posts: 84
Posted:
Question:
Are association employees whom do not own any property in our community allowed to knock or approach home owners to sign proxies on behalf of the HOA president whom is also an employee of the association? Im trying to collect proxies in my HOA and whwn I knock on several doors I was surprised to hear what I heard.Several home owners sid not want to sign because the association employees including the president ( whom is also a association employee) had already approached the homeowners and gave false information regarding the proxies the homeowners were signing. They were being td that I was trying to harm the board make changes to the community and raise association dues. After speaking to the homeowners and educating them on what a proxy means, they signed the proxies for me. I approched both employees excluding the president and asked them if i can see the proxies and why were they giving false information to the homeowners. They quickly denied it and drove off. Now i was not rude or disrespectful to those employers becuse I know how quickly things can get escalated. Well guess what 3 days later i get a Letter - Cease & Desist from the HOA attorney, they are claiming that i was rude and interrupted their daily work.
And was asked by the attorney not to approach them for anything becuase if i do,they will take me to court.
What shall I do? Should I tell the attorney what they were doing or do i simpy say " got your letter, thanks.
AugustinD
Posts: 5,144
Posted:
You can write your own cease and desist letter to the Board and management:

Dear Sir or Madam,

I contend that use of HOA resources to campaign for specific candidates, while denying other candidates equal access to these same resources, violates Florida statute 720. Please cease and desist. If you do not, I intend to seek arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation, pursuant to Florida statute 720.306(9)(c).

Sincerely,

Hector ___________

Here's some contact info:
Florida Division of Florida Condominiums, Timeshares, and Mobile Homes
Phone: 850.488.1122

Relevant section of 720.306(9)(c):
Any election dispute between a member and an association must be submitted to mandatory binding arbitration with the division. Such proceedings must be conducted in the manner provided by s. 718.1255 and the procedural rules adopted by the division.
See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Section 718.1255 appears at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.1255.html
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Hector

All is fair in love, war, and politics.
HectorR (Florida)
Posts: 84
Posted:
Thank you.
HectorR (Florida)
Posts: 84
Posted:
The association employees are supposed to be maintaining the property while on the clock, not campaigning on behalf of the president whom is their supervisor and employee as well.
Is this legal? Im getting ready to respond back to the attorney and dont want to look like a fool.
SheliaH (Indiana)
Posts: 6,964
Posted:
It's more unethical than anything (for starters, if the employees are campaigning for the president, shouldn't they do the same for all candidates running for the board?) Have you complained to the rest of the board about this? If the response was nothing, this is another incident you need to bring to the homeowners' attention. Elections can be a blood sport, especially these days, so you need to buckle down and outwork this guy, getting the story out to the homeowners because they are the only ones who can stop all this by voting out the president - and maybe some of the other board members who don't seem to be doing anything for whatever reason.

You have another post where you ask about a cease and desist letter the HOA attorney sent you, so if you haven't already done so, it's time for to go to your own attorney to discuss everything and plot your next move. We aren't attorneys, so it's not our place to say what is or isn't legal, and this is beginning to escalate to the point you need to know the worst that might happen and how to protect yourself.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By SheliaH on 02/26/2019 7:25 AM
... it's not our place to say what is or isn't legal...


I think one of the biggest problems at HOAs today is that HOA boards often abuse their access to the HOA attorney. They force HOA members to pay thousands of dollars to hire their own attorney. Anyone saying, 'Really? Thousands of dollars?' Yes. And this is just for the attorney to review the HOA's governing documents. The costs of an attorney feed HOA member apathy. This is probably the biggest impediment to getting qualified people to run for the board nationwide. The consequence is that it is usual for people here to have to put up with HOA boards violating the law and their fiduciary duty. It is the place of anyone experienced with HOA law to give their views on how to proceed.

Anecdote: A friend of mine is in a dispute over a house sale. He gets a bit of help from time to time from a pro bono attorney at the local free legal clinic. My friend became dejected a few weeks ago and asked the pro bono attorney if he should just bite the bullet and pay the thousands of dollars it would cost to hire an attorney. The pro bono attorney said, 'In court, because of the rules on access to justice, you have more power as a pro se individual. Do not hire an attorney.'

Hector, you can write the HOA attorney and say the following:

Dear HOA attorney _____,

Pursuant to FS 720.303, "The officers and directors of an association have a fiduciary relationship to the members who are served by the association." My understanding is that this fiduciary relationship means that the HOA board may not use HOA resources for campaigning for themselves or those they favor. I believe having the HOA management staff collect proxies and tell members for whom to vote is an unlawful use of HOA resources. Please consider directing the Board not to use HOA resources to campaign either for themselves or for those candidates they favor. Please direct the board to provide me equal access to HOA resources for campaigning. If this is not resolved pursuant to the law, I will seek arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation, pursuant to Florida statute 720.306(9)(c).
Sincerely,

Hector _____
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Hector,

This sounds pretty straightforward - know the facts and then communicate to the Board that they are not in compliance with state law and that you will be working with the rest of the HOA to address the issue. Lots of ways to do this and you have been given good advice here.

BUT, know the facts - don't accept heresay, don't accept third party statements ... seek photographic proof when possible.

re Augustin's point - yes, individual owners who sue their HOAs are on tap for lots of legal fees, but can always seek others in the HOA to help support (sort of an HOA within and HOA). There is good reason for the HOA to have legal assistance - frankly, when done for good reasons, this is how the many force the few (or the one) into compliance with rules.

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