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DawnE2 (Florida)
Posts: 6
Posted:
Not even sure where to start. I am in Florida on the Fining Committee, we just had board elections in Nov (VERY contentious to say the least) and whole board was replaced. New board is also replacing our legal council with whomever was advising them during the elections. Our new board decided that “they will be reviewing all previously assessed fines” and has “cancelled” the Nov and Dec Fining Committee meetings ( not that they told us or discussed any of this with us). In Nov I asked our Management Rep (also replaced with a new staff member because of poor communication (ironic I know)), and he pretty much said, “That is what the Board decided”. I then asked the follow up of when that was, and why the Fining Committee wasn’t informed. Crickets. So I asked if we were having a Dec meeting (they hadn’t sent anything for us to review), and, if our non-meeting was in any violation of any statutes, and I realize that this might need an answer by Council. His reply, “the meeting is cancelled”. That’s it. Additionally, the wife of the Board President has said that all Committee members will be fired in the new year.

So wondering if anyone else has had this happen, or could suggest how to navigate this, and can the Board really fire everyone?
Thank you all, and Happy 2024…
ElleN (Idaho)
Posts: 4,420
Posted:
Is this a condominium? A HOA subject to FS 720?

Quote:
Posted By DawnE2 on 12/30/2023 6:24 PM
can the Board really fire everyone [on the fining committee]?
Yes. It is completely lawful.

Be aware that the owners en masse have a few, certain express powers reserved to them, by statute, the bylaws and the covenants. The board is responsible for all other decision-making.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I say committees are appointed by BOD's and they can be fired by BOD's. Only BOD's were elected to run the association.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would just leave a copy of the HOA documents with the new board members. They may not have a copy...

This can happen in a HOA. You get a group whome says they will do away with this and that etc... called the old board names and crooked... Once they get to work and read the HOA docs the music can change. They will now be called crooked... There are reasons the way things may have run. However there is a chance that it will be run better and different. Firing committee may be a good thing.

My new board that took over after I left had complained about a bunch of stuff I did. Even told everyone that we had $5K in the bank and was not broke. So they spent the $5 K. That money was for our monthly bills we paid by 15th of the month. They saw the $5K at the first of the month. They spent our entire month budget on projects they personally wanted. Was shocked to find out the next month they were broke. 6 months later they were coming back to me apologizing.

So be aware your in new territory with new people. It takes about 2 years to straighten out a HOA. Your new board is in for a ride... Be patient.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Are enforcement actions in this community considered to be confidential, or are the records available for homeowner inspection? If the former, it would be inappropriate to have a committee of homeowners involved in any part of the process, including determining fines.

In addition, if fines are legally permitted, then the association should have a fining schedule that the board sticks to unless there are unusual circumstances. Putting a committee in charge of the process increases the likelihood of selective enforcement.

From the cheap seats, it sounds like there were issues with previous boards and association governance, and the new board was elected to clean things up. The removal of the old committee members suggests that there were issues there as well. In any case, as others have noted, committee members serve at the pleasure of the board, have no independent authority, and may be removed with or without cause. It makes sense for a new board to suspend all committees that are not required by the governing documents until the board can get a feel for whether these committees are even needed. Committees don't run themselves, and without proper supervision they tend to form their own little fiefdoms and try to call the shots. That's trouble that a new board doesn't need.
CathyA3 (Ohio)
Posts: 6,299
Posted:
As an aside, I don't like the board president's wife running her mouth outside of official channels. She has no authority to discuss association business unless she is also on the board - and even if she were, she should not be talking "out of school". This is particularly important if there was turmoil prior to a contested election. In many ways, new boards in such situations are like the dog that caught the car. The hard work starts after the election, not before - and many newbies are unprepared for this.
DeanJ
Posts: 1,786
Posted:
I believe the fining committee is actually an enforement review committee or appeals committee.

DeanJ
Posts: 1,786
Posted:
Sounds like you are on a committee where you discuss Board business and you aren’t on the Board.
KerryL1 (California)
Posts: 14,550
Posted:
Others will straighten me out, but I think I recall that Fining Committees are possibly required in FL. And they can make decisions about disciplining owners in violation of the HOA's governing documents.

Meanwhile, Dawn, do check your own CC&Rs or Bylaws, which might say whether or not such a committee is required in your HOA. Even IF required, the current Board does not need to keep the current members and may dismiss them from serving.

With Cathy, the Prez's wife's unfriendly, nasty yammering is completely inappropriate. But everything else that you mention is legal. I may think the new Board should have eased itself in a little instead of dropping the hammer in so many areas, but they may feel that's what owners want.

I'm very puzzled about why all directors were elected at one election. Generally HOA's board members serve staggered term, i.e., 3 directors are elected at an annual meeting, and two the next (assuming 2-yer terms).

To your question: I don't think we've seen on this forum a new Board acting so swiftly and in such seemingly arbitrary ways, but maybe someone will replay with that experience.

Meanwhile since new members actually hired a lawyer when they were campaigning to b elected, make sure they do NOT charge the HOA for those "services." That activity, too, is unusually.

PS, please write in paragraphs.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I take this as the new board believes that the previous board was being greedy and imposing excess fines.
Therefore, they are pausing all fines to take the time to review records.

The new board also may "clean house" so to speak so they can select those who may be more to the style of how they want things done.

Basically: A change in administration.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
A fining committee. How much money in fines have you collected and dished out?
If I was the president that woudl be the first committe I'd fire as well.

Old HOA administrations had racked up fines that equaled 2x our annual budget over petty crap.
Current administation has a total fine amount of Zero 0$ dollars.

you should just resign, you have no power to stay on a committe made by the board

vis ta vie
ElleN (Idaho)
Posts: 4,420
Posted:
Florida HOAs and condos subject to either FS 718 or FS 720 are required to have a fining committee. The latter committee has specific, statutory duties. A number of the duties are of the "due process" type.

DawnE2, is this a condominium? Or a subdivision subject to FS 720?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I like the idea that when a new President is elected, all submit their resignations and the President decides which to accept an which not to accept.
KerryL1 (California)
Posts: 14,550
Posted:
I dislike JohnC's idea very much. Presidents should TOT have the power to approve or dump committee members. That power belongs to the Board. We di has prize once who stated publicly, "I AM the Board." Not only was sh arrogant, She was ignorant..

Thanks for the confirmation, Elle. I do think, with others, this Board might simply want to clean house and start fresh. But if the president does not muzzle his disgusting wife's mouth, , the optics for the Board itself can look very bad.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC46 on 12/31/2023 2:32 PM
I like the idea that when a new President is elected, all submit their resignations and the President decides which to accept an which not to accept.

Might work in the national or local government level.

For me, I'm thankful for anyone who stays and helps out.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 12/31/2023 5:40 PM
I dislike JohnC's idea very much. Presidents should TOT have the power to approve or dump committee members. That power belongs to the Board. We di has prize once who stated publicly, "I AM the Board." Not only was sh arrogant, She was ignorant..

Thanks for the confirmation, Elle. I do think, with others, this Board might simply want to clean house and start fresh. But if the president does not muzzle his disgusting wife's mouth, , the optics for the Board itself can look very bad.

Kerry

I should have said submit their resignations to the BOD and let the BOD decide who stays and who goes. That said, I believe the BOD has the right to remove any committee member.
DawnE2 (Florida)
Posts: 6
Posted:
It is an HOA
DawnE2 (Florida)
Posts: 6
Posted:
I am going to guess that this will be what happens. And one of the biggest gripes are the fines with this new board. Ironically the fining committee pretty much denies or suspends fines for those who come and talk to us. If you don’t, we assume that you don’t care and recommend the fine. We as a committee have decided to continue to operate in this manner. We continually request (via social media) that we don’t want to recommend fines, but homeowners have to communicate with us.
DawnE2 (Florida)
Posts: 6
Posted:
Quote:
Posted By ElleN on 12/31/2023 1:35 PM
Florida HOAs and condos subject to either FS 718 or FS 720 are required to have a fining committee. The latter committee has specific, statutory duties. A number of the duties are of the "due process" type.

DawnE2, is this a condominium? Or a subdivision subject to FS 720?

Subdivision, and as we are in FL fining/grievance committee required.
DawnE2 (Florida)
Posts: 6
Posted:
Quote:
Posted By JohnC46 on 01/01/2024 2:15 AM
Posted By KerryL1 on 12/31/2023 5:40 PM
I dislike JohnC's idea very much. Presidents should TOT have the power to approve or dump committee members. That power belongs to the Board. We di has prize once who stated publicly, "I AM the Board." Not only was sh arrogant, She was ignorant..

Thanks for the confirmation, Elle. I do think, with others, this Board might simply want to clean house and start fresh. But if the president does not muzzle his disgusting wife's mouth, , the optics for the Board itself can look very bad.


Kerry

I should have said submit their resignations to the BOD and let the BOD decide who stays and who goes. That said, I believe the BOD has the right to remove any committee member.

John, then how is independence maintained from the board if they can remove at will (assuming no wrong doing)?

Oh you “you approved a fine on my friend, out you go”

While I understand the premise, I am having trouble wrapping my head around the independence of it…
DawnE2 (Florida)
Posts: 6
Posted:
Quote:
Posted By WendyM5 on 12/31/2023 1:26 PM
A fining committee. How much money in fines have you collected and dished out?
If I was the president that woudl be the first committe I'd fire as well.

Old HOA administrations had racked up fines that equaled 2x our annual budget over petty crap.
Current administation has a total fine amount of Zero 0$ dollars.

you should just resign, you have no power to stay on a committee made by the board

Well, must be nice to have people who take care to be in compliance or people who show to the grievance meetings.

We don’t seem to have much of that.

And for our subdivision of 600ish houses, fines were less than $2.5k, the bulk of which are properties owned by management companies and a few people who just don’t seem to give a crap about their property.

We NEVER recommend a fine if the HO shows.
KerryL1 (California)
Posts: 14,550
Posted:
If your own Bylaws are silent on this topic, FL corporations does will most LIKLE show that board have the authority to form and disband Committees and that Boards dismiss and appoint committee members. By board, I mean a quorum of directors at a properly noticed-open board meeting where this item is on the posted agenda, and the Board makes motions and votes.

I can only hope that the Board in your HOA, Dawn, was not foooooolish enough to vote that the prez have that power

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