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AngelS2 (Florida)
Posts: 22
Posted:
Hello all,
I am the current HOA VP on my 4th term. I just found out that an owner that violated HOA policies is running for the VP position. This person illegally remodeled 10 units without city permit with the help of the past VP. They are business partners and are trying to get back to the top again. Knowing all proven illegal activities how fat can I go preparing my election paper without losing class?
He does not even resides in US, how can he represent from overseas?
Your experience comments are welcomed
R
VP

MarkM19 (Texas)
Posts: 1,459
Posted:
Angel,
I am not a lawyer and you should never take Legal advice from a free site.

I will state that if I were you I would Tell the Truth, The Whole Truth and Nothing but the Truth. You also can only talk about things that were discussed in Open Meetings or seen in plain site. Permits are Public documents so that should be an easy one. Who would want a Board member that lives out of the country?

Over 10 years ago I went after the Board President of my old Ca. Board. He was breaking many of his Fiduciary Duties and I caught him on several occasions selling things to the HOA not needed because no one else was watching. He claimed to replace old cameras when in fact he was moving the bad camera around saying another one just went out. He was caught Red Handed.

I sent letters to every homeowner and detailed every issue that I had proof of and dared him to challenge me. He knew he was guilty and tried to survive the evidence but was not reelected in 2 of the next 3 elections. He disappeared and the HOA survived.
AngelS2 (Florida)
Posts: 22
Posted:
Your comments are very welcome and made lots of sense. Thanks
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AngelS2 on 12/19/2019 4:40 PM
I just found out that an owner that violated HOA policies is running for the VP position. This person illegally remodeled 10 units without city permit with the help of the past VP.


I think some members might be more inclined to vote for this VP candidate because they hate city permitting requirements. They hope that, if he wins a seat on the board, he will look the other way at any misbehaving they themselves do? Barring more details, I do not think this one is worth publicizing to the membership.

His living outside of the country speaks for itself. Then again, if apathy is a problem where you are, lots of members may be happy they do not have to serve on the board.
AngelS2 (Florida)
Posts: 22
Posted:
Great idea also and we are experiencing exactly that aspect of owners trying to bypass city permits
GenoS (Florida)
Posts: 4,276
Posted:
How does anyone's failure to obtain city permits affect the HOA? I suppose it could, depending on the governing documents, but the thing to do is to report the permit violations to the city, making the complaint as a private citizen. How do you know what they did was illegal? Were they charged and convicted by a court of law?

There are no residency requirements in Florida and an HOA cannot impose their own. A member who lives in Antarctica is within his rights to run for and serve on the Board of Directors.

I also don't understand how he can be running "for the VP position". Directors are usually elected at-large and it's up to the board itself to then elect the Officers from their own numbers.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Angel,

Please slow down and delineate for us exactly what was done, what kind of units and where (it sounds like a condo?)

You are four years a VP, correct?
You were elected VP by the Board? Not by the membership?
The other you are referring to is not on the Board?
Your Board elects officers, right?
One prepares an election paper by talking about they are qualified.
Do you have CCRs that require property owners to reside in their property?

I’m not certain the biz relationship between folks, unless against the law or your docs, matters ...

Your tone sounds a bit shrill, rather than calm and reasoned ... one wins Board positions and officer status by the later, not the former. I may be over speaking to this, but calm with facts equals confidence on the part of your constituents.
AngelS2 (Florida)
Posts: 22
Posted:
I was elected on a regular election by owners. I am on a unique situation in which we have a hotel/condo deal.
Well, the former VP is a real state agent and allowed this potential VP to violate many bylaws items such;
Any given owner can only purchase or owned a maximum of 4 units. The VP allowed him8 units. All 8 units remodeling or reconstruction went down without the association authorization. He should have pay a fee to the association and also the city for the permit. If something happened after the remodeling then a big mess will take place, like plumbing or any electrical work that could go wrong and affect other units.
Between both of them were renting units without filing paperwork to anyone bypassing taxes and hotel fees. Total corruption.
Do you have the picture now?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I have a picture that says you should work with the other board members to collect hard information about the activities you note and share it with the code enforcement system of your city/county. What you have described is illegal - if you don’t inform the county, you are somewhat complicit.

I have a picture that says you should work with the other members of the condo to ensure they know what is happening so they do not vote for the evil doers.

CathyA3 (Ohio)
Posts: 6,299
Posted:
I would be very careful about discussing this person's allegedly illegal activities unless you have solid proof and are prepared for possible blow back. You would be publicly accusing him, and the burden would be on you to prove your accusations if he were to hire a lawyer and sue you. You may be successful, but do you want to be sidetracked by this at this time?

On the other hand, living outside the community is not a crime but it is a legitimate reason that members may choose not to vote for him. Residents are much more aware of what's going on, and you could make a good argument that they have a greater stake in things being done properly since it affects their daily lives. And double check your governing docs, as George suggests, to make sure of any qualifications such as residency that are required to serve on the board. If your governing docs can defeat the guy before he starts, all the better.

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