Violation Of Governing Documents

Good day everyone, I wanted to thank everyone for supporting me a month and a half ago when I was having a battle with my HOA and the HOA attorney.
I have a question to ask and I was wondering if the following is a clear violation of the governing documents and if so what can be done about it.

-Our HOA here in Miami FL.states that the president of our HOA shall be a director of the Association
-The president is receiving compensation as an employee of the Association
-The Property management contract states that all employees whom perform duties at our development are employess of the Association and not employees of the management company.
-The employees of the association are managed by the HOA board of directors and can only be terminated by the board of directors.
I had a questioned this situation to the board of directors and the attorney and the attorney states that there is no wrong doing because the president does not have any ownership with the property management company.
I told the attorney that it does not matter if he does not own part of the company, he is getting paid as an association employee and its unethical and that it clearly looks like it is a violation of our governing documents.

This has been going on for over 7 years, can we as home owners file a law suit and sue the Board of directors for violation of the governing documents?

Florida statues 720:303 12(12) COMPENSATION PROHIBITED.—A director, officer, or committee member of the association may not directly receive any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association. This subsection does not preclude:
(a) Participation by such person in a financial benefit accruing to all or a significant number of members as a result of actions lawfully taken by the board or a committee of which he or she is a member, including, but not limited to, routine maintenance, repair, or replacement of community assets.
(b) Reimbursement for out-of-pocket expenses incurred by such person on behalf of the association, subject to approval in accordance with procedures established by the association’s governing documents or, in the absence of such procedures, in accordance with an approval process established by the board.
(c) Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members.
(d) Any fee or compensation authorized in the governing documents.
(e) Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members.
(f) A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association.

Yes, the management company cuts the chexks to the president and all other employees.
Is the loop hole in our favor? Or is it in his favor?
What can we do as home owners if its in our favor?

The loophole is in his favor.


But, you have failed to disclose whether your bylaws allow the compensation of officers and employees. For example, our bylaws have this paragraph:



If your governing documents include such language then my advice is to drop this issue: nothing unethical or contrary to your governing docs is occurring.

Yes, he is an association employee with duties but he can also give himself a raise and do as he pleases because he can not get fired. His wife also serves on the board because she owns two homes in our community and he is on one if the deeds. If its not illegal how can it make it right? Something is clearly wrong here, we tried at the annual meeting but did not get enough votes. A recall is out of the question, the majority of the homes are rented and it will take lots of leg work and time and attorney fees.
On a side note, the HOA attorney whom represents the board of directors is also a registered agent for the management company.
How can the attorney protect the board of directors or our association from the property management company...i dont get it. It all smells funny to me, I dont get it..something has to be wrong with this situation.
If I'm wrong, please correct me.

Your bylaws are still a mystery to us. We're doing a bunch of guessing. One answer assumed he was the property manager, which I'm not sure is true.

A recall will be a whole lot easier for you if the bill amending 720.303 passes and becomes effective on July 1. Instead of requiring a majority of all voting interests, requiring the voting interests of a homeowner association to physically reside in the community in order to recall a board . Absentee owners who simply rent their units out wil l not be eligible to vote in recall elections.

If the bill defining new quorum minimums passes, you will also find it easier to call a membership meeting, because a quorum will be defined as 30% of voting interests who physically reside in the community. Non-residents will still be able to vote in annual board elections, but the membership meeting can be started with much fewer people present.
SB 1382

One more try - I screwed up the element attributes.

So we are to be upset over a person who gets money for work they do just because they have "President" as their title? A typical volunteer position yes, but not one that if your qualified to do the work not to get paid for if agreed upon. If the board agrees that one should get paid to fix a light bulb, then that person gets paid to do it. It just happens you have someone who cares enough about their HOA to not only volunteer to be President, but do work for it to. A rare combo...

You're probably right - there's been no activity on it since it was filed.