Two questions

Started by IslamM • 7 replies • 496 views

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IslamM (Florida)
Posts: 67

Posted:

Number one:

Should a director continue on the Board while violating a rule? How is that handled we have two directors violating openly the rules , so every time they want to enforce a rule the members say when they start following the rules I will too. Should't members be in compliance with all the rules to be able to run for the Board?

Second one:

I just found out that it seems the footage in certain units were recorded incorrectly and it appears the appraiser office must have corrected them. But a few units that have the same square footage are paying more then others when they have the same footage, will the Board have to reimburse or how should they handle this problem.

Your knowledge is always appreciated!

Thank you!

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By IslamM on 12/23/2019 8:41 PM
Number one:

Should a director continue on the Board while violating a rule? How is that handled we have two directors violating openly the rules , so every time they want to enforce a rule the members say when they start following the rules I will too. Should't members be in compliance with all the rules to be able to run for the Board?

Second one:

I just found out that it seems the footage in certain units were recorded incorrectly and it appears the appraiser office must have corrected them. But a few units that have the same square footage are paying more then others when they have the same footage, will the Board have to reimburse or how should they handle this problem.

Hi IslamM,

First one: No. Most owners expect that their board members will abide by the rules and obey them, but if they do not, then they are subject to the same violation and enforcement process as any other member of the association. Being a director or an officer has no bearing on the situation (only that they will look bad when it's election time). The statute, FS 720, says a board member who falls 90 days behind in his monetary obligations automatically abandons his seat on the board. It says nothing about violations of the CC&Rs, the Bylaws, or the Rules & Regulations.

Second one: I'm not sure. Where did the appraiser's office get the corrected figures from? Where did the board get the wrong figures from? If the board has the correct ones now then they should use the corrected measurements when figuring bills in the future. What's the discrepancy between similar units? Reimbursements might be considered if the difference is "a lot" but it might not be worth it if it's only a few dollars per unit. Depending on how the budget is put together, refunding some owners will leave the overall budget with a shortfall, which would then have to be made up by raising everyone else's.

SamE2 (New Jersey)
Posts: 310

Posted:

Maybe if it is for the dogs you use an electronic fence?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It's kind of childish to say "If you don't follow the rules then I am not too". Bad idea in a HOA. They will lien you for not paying your dues if that is the approach you want to take.

What appraiser's office? Not sure the connection between an appraiser and the HOA. An Appraiser usually works for the bank in assessing home sales/refinancing. So not sure why there would be a connection between the 2.

Our HOA's our homes were kind of small. However, the Realtors wanted the houses to sell for more. So somehow every time a house was listed the square footage would "change". All of a sudden a 750 square foot house would show up a 900 etc... All the time because a Realtor or a bank Assessor would try to milk as much square footage they could. It means potentially more money the more square footage recorded.

So based on that experience, I would not believe square footage or base dues on square footage. It sounds like a new assessor or realtor is involved making the adjustments to the square footage measurements. You can't measure "unheated" space. Example a garage. Maybe in the past someone was doing this. Which would trigger a change in the square footages.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Maybe some terminology issues.

Tax appraiser vs tax assessor? Some areas use interchangeably.

If a condo, then total SF might be the basis for COA assessment, vs heated/cooled space.

Islam ... are you on the Board? Are you planning on joining, or managing a recall for the directors you note are not following the rules?

Things sound loose wrt your Board, or perhaps the violations are a matter of opinion. Not sure why Melissa jumped into the topic of assessment payments ... you didn’t say that, did you?

IslamM (Florida)
Posts: 67

Posted:

Dear GenoS;

Thank you so much! You understood my question perfectly!! Merry Christmas or Happy Holidays to you and all your loved ones.

Isla

KerryL1 (California)
Posts: 14,550

Posted:

At our condo high rise, which opened in 2001, the developer overestimated the sq. ft. of all units. Our unit, for example, was said to be 1245 sf, but really is 1150.

Since we do do have a sf variance in dues, in about 2014, the developer paid the error to original owners who still occupied their condo. I simply can't remember, but I believe an owner filed a class action suit against the developer. And the refund to those original owners was considerable.

IslamM (Florida)
Posts: 67

Posted:

KerryL1

Thank you! Our difference is for a difference of $40 a month, see what the rest of the owners decide to do and hope our Board can solve the problem without attorney's.

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