Consequences of bylaw violations

MichelleI (Florida)
Posts: 2

Posted:

We have an HOA board here in my FL community that consistently fails to meet bylaw requirement. For instance, meeting minutes are to be created within 30 days and that never happens. Annual meeting must be held in first quarter, has been pushed by board into second quarter. Bylaws states that full fiscal reports must be sent out to homeowners within first 60 days and that date has passed with no reports. They blow all this off with a shrug. 🤷 what is the recourse here? What can we do to get them to comply with their own bylaws?

WhonneB1 (Texas)
Posts: 4

Posted:

You can file a suit against the association for not adhering the governing documents, you can run for the board.

WhonneB1 (Texas)
Posts: 4

Posted:

You can file a suit against the association for not adhering the governing documents, you can run for the board.

WhonneB1 (Texas)
Posts: 4

Posted:

You can file a suit against the association for not adhering the governing documents, you can run for the board.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Michelle,

The issue might simply be available time by the members of the board.

Perhaps you could volunteer to help with these tasks, sort of an assistant to the secretary.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It does cost money to send out those reports. If you want them then follow the by laws on requesting them. Also the CC&Rs are the more ruling documents.

You are not dealing with professionals. These are your neighbors and sometimes friends. Meeting notes are usually not available until the next meeting as they are to be approved at next meeting to be official.

If you are so concerned then get involved. Volunteer to help where you can Board members are not getting paid. They are volunteers.

Suing is extremely bad and irresponsible advise but then again Terri oops not Terri should stop with that advice.

Former HOA President

MichelleI (Florida)
Posts: 2

Posted:

Thanks all. I have volunteered to help (my help was not accepted), will be running for the board but can't for another year.

Why does sending out reports cost money? The reports should be maintained according to GAAP by the property management company and board treasurer and when finalized (seemingly within the first 60 days of the new fiscal) they can be posted to the community website which is password protected for homeowners or sent out via email attachment. Neither of those options should cost money.

ValK2 (Tennessee)
Posts: 65

Posted:

Our Board has no regard for the By-Laws, nor the Covenants. They simply do as they please and pat themselves on the back.

Their actions affect one of people's largest assets, and still, they just go on their merry way. As conditions in our community deteriorate, the slide is barely perceptible until suddenly, people wonder, where did our beautiful community go?

Rebuilding is going to be a massive undertaking. Fortunately, four of our nine Board Members are older and could expire at any moment. New blood may make a difference. Being a Board Member, or any volunteer activity for that matter, takes a lot of time. Don't sign up for it unless you are willing to dedicate that level of commitment.

ValK2 (Tennessee)
Posts: 65

Posted:

Our Board has no regard for the By-Laws, nor the Covenants. They simply do as they please and pat themselves on the back.

Their actions affect one of people's largest assets, and still, they just go on their merry way. As conditions in our community deteriorate, the slide is barely perceptible until suddenly, people wonder, where did our beautiful community go?

Rebuilding is going to be a massive undertaking. Fortunately, four of our nine Board Members are older and could expire at any moment. New blood may make a difference. Being a Board Member, or any volunteer activity for that matter, takes a lot of time. Don't sign up for it unless you are willing to dedicate that level of commitment.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It costs money by stamps as many require notice by snail mail. Website are not necessarily free. The MC may charge for the violation process.

There are hidden costs to many things. A violation notice or sending out information may incur a variety of them. It may not be much but even a 50 cent stamp can add up. It is illegal to put anything in a mailbox without a stamp on it. That means paying for postage and the paperwork to print on.

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It costs money by stamps as many require notice by snail mail. Website are not necessarily free. The MC may charge for the violation process.

There are hidden costs to many things. A violation notice or sending out information may incur a variety of them. It may not be much but even a 50 cent stamp can add up. It is illegal to put anything in a mailbox without a stamp on it. That means paying for postage and the paperwork to print on.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

Every month write your request or the records you want carefully following the FL requirements for records requests.

What is the exact wording for availability to owners of open meeting minutes??

Every month at the open Board meeting ask the Board "where" and "when/how" you can review the financials for , say, Jan & Feb.' 2024. You also want to the final statement for 2023.

What size is your HOA? Do you have a management company? IS there a website for posting minutes, etc.?