RobertH39 (Florida)
Posts: 6
Posts: 6
Posted:
Are there any actions board members or officers could take that would result in an arrest?
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arrests
Started by RobertH39 • 7 replies • 702 views
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RoyalP
Posts: 1,104
Posts: 1,104
Posted:
yes
same actions as you or me
same actions as you or me
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
? you or i ?
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
F'rinstance:
* embezzling association funds
* colluding with a developer to defraud others
* threatening or physically harming others
* deliberately causing serious damage to property
Fortunately I've never seen any of these things personally, but recently our property manager was threatened by a board member in a different community.
* embezzling association funds
* colluding with a developer to defraud others
* threatening or physically harming others
* deliberately causing serious damage to property
Fortunately I've never seen any of these things personally, but recently our property manager was threatened by a board member in a different community.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By RobertH39 on 03/19/2019 5:45 AM
Are there any actions board members or officers could take that would result in an arrest?
Are there any actions board members or officers could take that would result in an arrest?
In Florida? Probably not. Embezzling association funds might result in criminal prosecution, as happens a couple of times a year as reported in the media, but it depends on the amount stolen and the willingness of the district attorney to file charges. Even then, however, some prosecutors have declined to get involved claiming the contractual nature of HOA and condo associations means it's a civil matter, not criminal.
There are no HOA police.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By GenoS on 03/19/2019 11:43 AM
Posted By RobertH39 on 03/19/2019 5:45 AM
Are there any actions board members or officers could take that would result in an arrest?
Are there any actions board members or officers could take that would result in an arrest?
In Florida? Probably not. Embezzling association funds might result in criminal prosecution, as happens a couple of times a year as reported in the media, but it depends on the amount stolen and the willingness of the district attorney to file charges. Even then, however, some prosecutors have declined to get involved claiming the contractual nature of HOA and condo associations means it's a civil matter, not criminal.
There are no HOA police.
While not a lawyer, I agree. Civil, not criminal issues.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I agree that there are no HOA police, and that much board misconduct falls under the "civil" rather than "criminal" label, but it's absolutely possible for a board member to do something of a criminal nature and to be prosecuted for it. Even defamation, that favorite of hot-tempered folks everywhere, can be considered criminal conduct depending on the circumstances.
Board members are no better or worse than the pool of homeowners they're drawn from.
Board members are no better or worse than the pool of homeowners they're drawn from.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
A couple of nasty cases are discussed in this article. There's one comment in response at the bottom of that page. It's a sobering take on the fact that some HOAs are so apathetic that homeowners just can't be bothered, even when the amounts are large.
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