💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MikeS41 (Florida)
Posts: 1
Posted:
At our community, the president of HOA, has hired himself to address pool maintenance. Some of us feel that he is overcharging. Would it be legal
for an owner to request pool contractors to come out and give estimates?
SheliaH (Indiana)
Posts: 6,964
Posted:
What's would make it illegal to ask if other bids were obtained and why he board approved this? That's just common sense - homeowners have the right (and obligation in my opinion) to know where and how association money's being spent (you paid some of those assessments, after all).

Write a letter to the board and show up at the next meeting and ask your wuest. N if there are neighbors who feel as you do, encourage them to comes with you. PS: you won't know unless and until you leave the house and walk around the neighborhood and ask them)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MikeS41 on 03/17/2022 5:43 AM
At our community, the president of HOA, has hired himself to address pool maintenance. Some of us feel that he is overcharging. Would it be legal
for an owner to request pool contractors to come out and give estimates?
If your HOA is under FS 720, then the Board is required to allot time during, after or before board meetings for owners to speak. This is when you can make your request.

From FS 720

Members have the right to attend all meetings of the board. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak. Notwithstanding any other law, meetings between the board or a committee and the association’s attorney to discuss proposed or pending litigation or meetings of the board held for the purpose of discussing personnel matters are not required to be open to the members other than directors.


FS 718 (for condos) may have similar wording. You did not indicate which you were (condo or HOA). In the future, please do so. The answers you get subsequently will likely be more helpful if people know whether this is a COA or HOA.
SheliaH (Indiana)
Posts: 6,964
Posted:
It should be obvious to you, but I'll also add the are probably other members of the board who should also be held responsible because the president is only one person. He gets away with this if the other board members let him AND the homeowners (you and your neighbors) sit there and let it happen.

Another observation from captain obvious - "overcharge" is subjective - what's too high to you may be just fine to someonebelse, and besides, you don't have all the information you need to make an informed careful conclusion. Get that first and then decide.

In the meantime, it would be fair and appropriate to bask about conflict of interest - if the president is also going to be a paid contractor, it would be appropriate for him to step down from the board (not just the president position). This way board members don't profit directly from decisions they help make.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By MikeS41 on 03/17/2022 5:43 AM
At our community, the president of HOA, has hired himself to address pool maintenance. Some of us feel that he is overcharging. Would it be legal
for an owner to request pool contractors to come out and give estimates?

Can you do it? Yes. Does the BOD have to accept it? No.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here