Board of Directors in a situation of perjury

Please confirm: Is your organization a condominium, trailer park, or non-condominium HOA?

I see that FS 723.0781 is the statute section to which you are referring. See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.0781.html

I think that federal statute 28 USC 1746 pertains only to federal laws that require swearing an oath.

I think your best chances to remedy this are via FS 723.005 and FS 723.038. In short, filing complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. See
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.005.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0723/Sections/0723.038.html

Here are some clues on filing a complaint with the Division:
http://myfloridalicense.custhelp.com/app/answers/detail/a_id/2038/~/where-do-i-file-a-complaint-against-my-condominium-or-cooperative-association%2C

Before complaining to the Division, I do advise writing your board first and politely asking them to comply with FS 723.0781. If this does not get the response you want, write a second time asking them to do so but now stating that, if the board does not, you will have no choice but to file a complaint with the Division.

I'm confirming it's a mobile home park under 723.

Last year, I translated into French the Articles of Incorporation, the By-laws, the most important articles of 723, as well as the Prospectus, the Rules and Regulations and the Lease Agreement for the park. I had even started translating Robert's Rules of Order, which is not very easy to understand.

Despite this, the Board believes that the signed affidavit is meaningless and continues not to apply these documents.

I believe that a meeting of the members is necessary in order to remove certain members of the board.

Thank you for your response.

If your documents specifically state they're supposed to sign this affidavit, they refuse to and won't follow the bylaws either, it would appear YOU will have to go to the homeowners and persuade them to attend a special meeting to discuss this and possibly recall them. Of course, if that happens, you'd better find someone (or several) willing to step up and replace them.

You might also try talking to the association attorney and have him/her explain the statute and how it relates to your documents (even if you and other others know it, a refresher is always nice.) Sometimes hearing it from an attorney will convince others it's a good idea to know what one's documents say and apply them.

Perjury is lying under oath so it is not perjury unless they signed an affidavit under oath knowing at the time they were being untruthful, which would be impossible to prove their intent in this case. The United States Code only applies to oaths under federal jurisdiction so that is not applicable.

The fact that they don't speak or read English does not necessarily mean they don't understand documents in English. They could easily have them translated.

I would concentrate on failures to abide by your governing documents and state law. Usually the best way to deal with those is at election time. If they are bad enough, you may be able to remove them if your governing documents and/or state law allow it.

For the sake of clarity, the affidavit is not a document provided by the Division or by a lawyer. It is simply a text that repeats what is written in Florida Statute 723 and requires an elected official to take the oath. I have translated it into French so that people understand the commitment they are making by signing this document.

Here is the text found on the internet that led me to believe that the conduct of these people could be a perjury.

§1746. Unsworn declarations under penalty of perjury

Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:

Your answers are enlightened. Anyway, before we bring out the heavy artillery, there are steps to take.