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RichardC29 (Florida)
Posts: 37
Posted:
How can owners association spend association money without member approval .in Florida its 10% of collected dues.how do you stop the bod.
How do you stop the bod from collecting funds for projects but spending funds on other things.what if the Corp agent is never in USA ,how would you serve them legal notices.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The board is elected to do the daily operations of the HOA. They handle the budget items and spending. The general membership is the ones that vote for them to be in office. Every expenditure is NOT at a member level. That is usually a vote for a special assessment. Otherwise, make sure you vote for a board member you believe will spend the money responsibly. Plus a HOA is a NON-PROFIT but NOT a charitable one. They are to spend money on the HOA operational expenses from as much as they collect in. The perfect budget for an HOA is to have a "0" balance sheet at the end of the year. (Not counting reserves).

Suing your HOA is suing yourself and your neighbors. So why do you need to sue when you can fix the issues by voting or being involved?

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Please quote the sections of your governing documents that require homeowner approval of board spending, particularly the 10% you mentioned.

Please quote the sections that address budgets and budget approval.

As Melissa mentioned, the large majority of HOAs are corporations that are governed by a board of directors who make the decisions on how expenses are to be handled. Homeowners generally have no say except in a few specific instances. These include voting for board members, voting on amendments to the governing documents, and (possibly) voting on budget approval. Budget approval is nearly always Yes or No; homeowners seldom/never have line-item veto power.

It's also not unusual for spending to shift a bit as unexpected emergencies can occur. The options for handling the unexpected is deferring until next year (not possible if it's urgent), deferring a less urgent item until next year, or resorting to a special assessment. Tapping the reserves for operational spending is not allowed unless these funds can be replaced in the current year.

You will not be able to overturn how HOAs are structured and governed because this is defined in state law, most likely FS 720 for HOAs or FS 718 for condominiums.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By RichardC29 on 08/08/2023 4:31 AM
[Edited by ElleN for readability] How do you stop the bod? How do you stop the bod from collecting funds for projects but spending funds on other things? What if the Corp agent is never in USA ,how would you serve them legal notices?
-- The most competent HOA attorneys advise that the quickest and most-likely-to-succeed solution is to campaign and elect a new board majority.

-- For serving legal documents, look the HOA up at https://dos.myflorida.com/sunbiz/search/ . Send documents to the "registered agent" listed at the latter site for your HOA.

-- Ditto what CathyA3 posted.

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