Rogue Board of Directors

Is there a reason the owners did not either try a recall or just vote these directors out at the next election?

I hope the first thing your group's attorney did was file a motion for a court order overriding the above unlawful board move.

Robert, doesn't your governing documents have the voting percentage listed. I am curious how they would be able to change the percentage in voting. sounds like a group of Board members that are out of control and are using HOA money for their use. Politics has become an ugly business.

I would have thought this case would have ended based on a motion for summary judgment, meaning there is no real dispute as to the facts. The only dispute is how to apply the law.

I wonder what facts the jury will be tasked with determining.

This a POA and there are approximately 2500 properties. I am guessing 2000+ are developed. Not that it really matters since every lot gets a vote.

One side's lawyer, or both sides' lawyers, asked for, and received, a jury trial. This means the judge only rules on motions. Motions concern the law far more than they concern the facts.

Jury trials are expensive.

The lawyers here must be making a fortune, as is common when a dispute goes all the way to trial.

. Actually, it does matter. The expenditure is $2,440 per property. Are you contributing to the cost of the attorney or being a bystander? The POA attorney, regardless if hired by POA or provide by insurance, is not being paid by the board members. That attorney will delay the case while your attorney keeps calling for more money from the willing participants. With each call, that number will decline requiring more from those left. And then, you could lose the case.

Well aware of this. It has already cost alot of money. The plantiffs in this are not going to fold. We have some deep pockets and willing to tow the line.

Nope. The building is almost done now and we have no choice but to make the payments. They had the grand opening last week. No lights for the parking and they built an outdoor stage for entertainment that has already flooded. It's a mess and residents are finally waking up and HOA does are going to go up though they promised they would not. They used our hurricane emergency fund to pay off existing loans to get the loan for the building. No reserves. This is what happens when you do not hold your board accountable. All we can do now is make sure it never happens again.

We had some media coverage after we voted out the first 2 directors and before the board changed our vote to 67%. Right now we are we really don't want to tarnish the community and are really trying to keep our eyes on the goal. I am sure as we get closer to our court date there will be something. We just want to, "Get our community back" The only reason I am on this site is I need somewhere to vent. It gets stressful but we are standing strong. If something comes out before I will post a link.

Thank you for sharing the links. I checked out the condominium's governing documents. I also checked out the second amended complaint, dated December 17, 2025.

When did this board vote (on the construction of a clubhouse) happen?

The judge's December 17, 2025 order says discovery has to be concluded by the end of June, 2026. The trial cannot happen until after discovery.

The plaintiffs appear to be trying to get two things:

1.
an override of the amendment the board made, regarding the owners' percentage required to remove directors.

2.
to nullify all board actions taken after the owners removed certain directors.

Comment by ElleN:

Bylaws, Article V, Section 1 K.5.b. says this:
During any fiscal year, excluding approved Capital Expenditures set forth in the fiscal year budget, the Board, with the affirmative vote of five (5) of the seven (7) Directors, may authorize additional Capital Expenditures not to exceed fifteen percent (15%) of the projected revenues for that fiscal year. Additional Capital Expenditures exceeding the fifteen percent (15%) limit herein shall require approval by the Members at special meeting called by the Board.

I agree the total expenditure is on the order of $2440 per lot ( = $6.1 million / 2500 lots, estimated). I agree the Board has taken (or intends to take) out loans (or a loan) of many years duration. I gather the math says the annual expense for this building spread over many years is in fact 15% or less of annual revenues.

Again, not 67% of the vote, 67% of the community. Impossible. We are a community full of timeshares and rentals. Many never vote.

This lawsuit will play out. When it does I will let you know the verdict.

i agree getting 2/3rd of 2500 owners to agree on anything is very hard, especially with a lot of non residents! People that say other wise, probably live in totally different type of HOA. Please keep us updated. I hate boards that are not democratic and prevent people from voting who they want on the board. I hope they get their ass handed to them. It sucks the building was made!

but modifying the bylaws was definitely illegal and no one wants a board that is on a power trip. this board is gonna loose and get kicked out and then everyone's gonna see they blew $250K or more on legal on this BS.

Assuming the bylaws were illegally modified. Just because an owner gives their interpretation of the documents doesn’t mean it’s the legal interpretation,