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JesseE1 (Florida)
Posts: 9
Posted:
So we are a SFH community in FL with 142 doors. In late April we enlarged our board to a 5 person board. We had 3 when one person left in Oct 2025 to join our CDD board (which is separate). We operated as a 2 person board until April 27. I was up for re-election and submitted my interest form for a 2nd term - note I have been on this board for 2 years and served on another FL HOA for 5 years. Another member sent in a form and she has experience on an HOA board in SC.

On 4/27/26, the day of our in-person meeting, another member submitted his request to serve. He and his wife own the house that his son and his wife live in. Member "W" has told us he lives there 6 months out of the year. Son "M" has been making ARB/ARC requests from the get go. When we found out in October 2024 that he wasn't a listed owner, for the protection (however unlikely), we told him only his father, W, can submit these requests. We had to switch management companies in December 2024 and we found out in February 2026 that M was submitting ARC requests under W's name/email address on the management company website. Cease letters were sent certified in March. All of the sudden on the day of the meeting W submitted an interest form to join the board. While we didn't have a quorum, our lead CAM indicated that nominations could come from the floor of the meeting. We had 1 person on our board who's seat is up next year, me, the member with prior experience and W. We had another volunteer from the audience, so we filled the 5 seats by appointment (when I spoke to our HOA lawyer the next day at the HOA expo, I got the impression from her that we didn't need to do that, and could have gone with the appointment of my and the other member who submitted out applications before W did).

So now we have a 5 person board. All members had signed the code of conduct. M, son of W/board member/homeowner has submitted another ARC request (He submitted a POA on housing matters at the 4/27/26 meeting) requesting something that is not allowed in our ARC guidelines that we updated 3/5/2025. "W" - and I am putting that in quotes because myself and our CAM are not certain that it is really the father sending the email, even though it is coming from the email registered to him - sent the CAMs a long email, arguing that he had approval 11/4/2022 to screen in his front porch, which is what M submitted at 2:30 am on Monday/Memorial Day. When the CAM responded back that our declaration indicated he had 1 year from approval - so it needed to be done by 11/4/2023 - and if it wasn't, the request had expired. The request submitted in Feb 2026 for the front porch screening was denied (we don't allow for screening beyond the entry way, porch on that home is on the side of the entryway/front of the in-law suite) and now M is requesting to screen in the entire area, arguing that this entire area is "entry way." CAMs provided info that the porch part is a patio/seating area to the left of the entry way and the ACC guidelines specifically state entry way only. "W" then in turn fired back, asking when did the board start making these changes (even though he previously mentioned the 8/5/2024 minutes that stated we were sending new guidelines to the attorney to review and the 3/5/2025 meeting minutes listed that these new guidelines were voted on and passed at this meeting), why is it hidden from homeowners, how can homeowners get this changed, etc.

I am the reluctant president and I already work 2 jobs 7 days a week. The CAM is going to speak to our lawyer today about these emails "W" apparently sent - only to the CAM mind you, not to the entire board, but the CAM forwarded them to everyone. We are very concerned that the son has access to this email and this is actually him making these questions - this theory is based on emails we have received from him in the past. If this really is the father, he seems to have an agenda to get on this board and pass things that affect his lot/home. He has asked for access to old ARC requests that were made prior to moving to the new management company. Because the old management company used ARC Tracker, a 3rd party software, I still have access to that software and currently have a spreadsheet of all 175 request made on it from 4/2022 to 12/1/2024 (when our contract terminated).

Thoughts on this mess? Or just let the attorney tell him this is what the deal is and zip it?
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By JesseE1 on 05/29/2026, 4:18 AM

on the day of the meeting W submitted an interest form to join the board. While we didn't have a quorum, our lead CAM indicated that nominations could come from the floor of the meeting. We had 1 person on our board who's seat is up next year, me, the member with prior experience and W. We had another volunteer from the audience, so we filled the 5 seats by appointment

-- As soon as the President determined that there was "no quorum," the owners' annual meeting should have ceased.

-- Are your bylaws silent about what happens when there is no quorum at the annual meeting? If they are silent, then no other owners' business should have been transacted.

-- To appoint people to fill the board vacancies, the board needs to convene a board meeting. To convene a board meeting requires proper notice pursuant to Florida Statutes FS 720 and FS 617 and the bylaws.

-- If there was no properly noticed board meeting to appoint people to fill the board vacancies, then the appointments are invalid.

-- A Board does not have to fill vacancies with any old volunteer who applies. Indeed, if a board majority feels John Smith would not be a good director, then the board majority arguably has an obligation not to appoint him.

-- As well a Board has the right to remove any director whom the board itself appointed, pursuant to FS 617.0808. Whether a majority is required or a 2/3rds vote is required depends. See the latter statute section at https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By JesseE1 on 05/29/2026, 4:18 AM

M, son of W/board member/homeowner has submitted another ARC request (He submitted a POA on housing matters at the 4/27/26 meeting) requesting something that is not allowed in our ARC guidelines that we updated 3/5/2025. "W" - and I am putting that in quotes because myself and our CAM are not certain that it is really the father sending the email, even though it is coming from the email registered to him - sent the CAMs a long email, arguing that he had approval 11/4/2022 to screen in his front porch, which is what M submitted at 2:30 am on Monday/Memorial Day. When the CAM responded back that our declaration indicated he had 1 year from approval - so it needed to be done by 11/4/2023 - and if it wasn't, the request had expired. The request submitted in Feb 2026 for the front porch screening was denied (we don't allow for screening beyond the entry way, porch on that home is on the side of the entryway/front of the in-law suite) and now M is requesting to screen in the entire area, arguing that this entire area is "entry way." CAMs provided info that the porch part is a patio/seating area to the left of the entry way and the ACC guidelines specifically state entry way only. "W" then in turn fired back, asking when did the board start making these changes (even though he previously mentioned the 8/5/2024 minutes that stated we were sending new guidelines to the attorney to review and the 3/5/2025 meeting minutes listed that these new guidelines were voted on and passed at this meeting), why is it hidden from homeowners, how can homeowners get this changed, etc.

... The CAM is going to speak to our lawyer today about these emails "W" apparently sent - only to the CAM mind you, not to the entire board, but the CAM forwarded them to everyone. ... [The owner-father-"director"] has asked for access to old ARC requests that were made prior to moving to the new management company.

-- If the Board has not specified to whom ARC requests must be sent, then I see zero problem with owners submitting ARC requests to the CAM manager.

-- Regarding the identity of who sent the requests from owner W's account: Just ask W to confirm that he (meaning owner W) is making these requests. Whether the son sent them from owner W's email address does not matter. W has the right to give his son permission to type up a request using W's email address et cetera.

-- Regarding Owner W's records request: The Board should follow the law and provide the records (for inspection) that the law allows. If you need help with what records the law allows any owner (not just a director) to inspect, post back.

-- To owners with ARC applications, the board needs to speak only of facts, not suspicions and speculation. Do not engage in debate. The board must communicate without emotion. See sample letter below.

-- If the Board disagrees with W about what is the "entry way," and W is unhappy, then W can take action pursuant to the HOA's Declaration, bylaws and state law. The ball is in W's court.

-- The Board has a right to see things differently than owners. If an owner does not like the Board's point of view, then as mentioned above, the owner has other options.

-- The Board is not supposed to assist an owner in figuring out his options. Assisting an owner in challenging the HOA or board is a violation of the board's fiduciary duty.

-- I found your post hard to read. In the future consider laying out a timeline of events.

Sample letter that aims to be just the facts, emotion free and polite:

Dear Mr. W,

Thank you for your ARC request dated May 25, 2026.

The Board believes only ___ constitutes the entry way. The Board therefore denies your application.

Attached are the guidelines for ARC applications.

Sincerely,

Board of Directors
JesseE1 (Florida)
Posts: 9
Posted:
Sorry, let me be clear
The son now has power of attorney and submitted the ARC request via the HOA website set up by the management company (they use a 3rd party provider).
Part of the issue is in the past, the son (when he did not have the POA) wans making ARC requests under his father's email, as his father. He was told several times to stop that, as he is not the legal owner of the property. We now think that the father, that is now a board member, is giving his board access to his son which includes the email address the father is using for Board work.
JesseE1 (Florida)
Posts: 9
Posted:
Quote:
Posted By ElleN on 05/29/2026, 11:31 AM


--------------------------------------
Quoted Post:
Posted By JesseE1 on 05/29/2026

, 4:18 AM

on the day of the meeting W submitted an interest form to join the board. While we didn't have a quorum, our lead CAM indicated that nominations could come from the floor of the meeting. We had 1 person on our board who's seat is up next year, me, the member with prior experience and W. We had another volunteer from the audience, so we filled the 5 seats by appointment
--------------------------------------

-- As soon as the President determined that there was "no quorum," the owners' annual meeting should have ceased.

-- Are your bylaws silent about what happens when there is no quorum at the annual meeting? If they are silent, then no other owners' business should have been transacted.

-- To appoint people to fill the board vacancies, the board needs to convene a board meeting. To convene a board meeting requires proper notice pursuant to Florida Statutes FS 720 and FS 617 and the bylaws.

-- If there was no properly noticed board meeting to appoint people to fill the board vacancies, then the appointments are invalid.

-- A Board does not have to fill vacancies with any old volunteer who applies. Indeed, if a board majority feels John Smith would not be a good director, then the board majority arguably has an obligation not to appoint him.

-- As well a Board has the right to remove any director whom the board itself appointed, pursuant to FS 617.0808. Whether a majority is required or a 2/3rds vote is required depends. See the latter statute section at https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html

Yes, we had noticed both the election and the regular meeting to follow.
ElleN (Idaho)
Posts: 1,334
Posted:
Quote:
Posted By JesseE1 on 05/29/2026, 10:06 AM

Sorry, let me be clear
The son now has power of attorney and submitted the ARC request via the HOA website set up by the management company (they use a 3rd party provider).
Part of the issue is in the past, the son (when he did not have the POA) wans making ARC requests under his father's email, as his father. He was told several times to stop that, as he is not the legal owner of the property. We now think that the father, that is now a board member, is giving his board access to his son which includes the email address the father is using for Board work.

I think the past should remain in the past. In this situation what counts is now. Otherwise you are operating based on speculation about motives. But for legal purposes, all the board can do is operate with the facts of the present ARC request.

Regarding POA: The HOA has a right to have a copy of the POA paperwork. The Board should make sure the POA paperwork says the son can make such a request. If it is not clear, turn this over to the attorney.
BillD16 (Texas)
Posts: 971
Posted:
My sense is that OP is unhappy that the son is submitting requests, but I don’t understand why this is a big deal. Given that the son isn’t attempting to slip something past his father, I see this as a simple move to streamline the process of maintaining and improving the property: father and son talk, son says ā€œI’m thinking of screening in the porchā€, Dad says ā€œsounds like a good idea! You’ll need to clear it with the ARC - here’s my ID so you can do that without me.ā€ I mean, I give them credit for seeking ARC approval - *not* doing that is typically what people write in here to complain about.

The father wants to be on the Board so that he and his son can lobby for approval of changes they want? To some extent, isn’t that how the system is supposed to work?

As for requesting access to the history of ARC requests and changes: I guess they should be sanitized to remove any personal information, but I can’t see why this information should be secret. It can be very helpful to know how past forms have been filled out, and knowing what requests have been granted / not granted in the past is obviously useful.

HOA Board ex-President
Austin, Texas USA

ā€œYou can’t put too much water in a nuclear reactorā€
JesseE1 (Florida)
Posts: 9
Posted:
Quote:
Posted By BillD16 on 05/30/2026, 8:22 PM

My sense is that OP is unhappy that the son is submitting requests, but I don’t understand why this is a big deal. Given that the son isn’t attempting to slip something past his father, I see this as a simple move to streamline the process of maintaining and improving the property: father and son talk, son says ā€œI’m thinking of screening in the porchā€, Dad says ā€œsounds like a good idea! You’ll need to clear it with the ARC - here’s my ID so you can do that without me.ā€ I mean, I give them credit for seeking ARC approval - *not* doing that is typically what people write in here to complain about.

The father wants to be on the Board so that he and his son can lobby for approval of changes they want? To some extent, isn’t that how the system is supposed to work?

As for requesting access to the history of ARC requests and changes: I guess they should be sanitized to remove any personal information, but I can’t see why this information should be secret. It can be very helpful to know how past forms have been filled out, and knowing what requests have been granted / not granted in the past is obviously useful.

Yes, the son has been apparently submitting ARC requests (about 23 of them) since June 2022. We found out in October 2024 that he was not an owner, and to protect the HOA/corporation (on the slight chance that the actual owners would have a problem) we told him that the father would need to submit them. Apparently, the account set up as "the father" was actually the son. We discovered this in February of this year. On 4/27/2026 at our last board meeting, the son finally submitted a POA, that he claimed he had all along (but which was issued currently).

The father is now on the board basically as a mouthpiece for his son. My concern is that the son, who is not the board member, now has access to board information - such as 123 XYZ Street has been approved for a backyard patio, etc. A non-board member doesn't have access to that information. The son has gone on a community Facebook page and stated he has made a list of all the owners in our community and where they live. Last month he posted a comment "stretching the truth" which I called him out on so that the community doesn't think we have changed the ARC standards "dozens" of times (they were changed once, then reissued late last year for some typo corrections) and an outright lie about the certified letters that were sent to them. He's been a headache to every board member in our young community (I was the first to close in Sept 2021) and he says he means well, but if he doesn't get what he wants, he throws a fit.

I am concerned about protecting the privacy of the other members. The CAM has sent some info to the HOA attorney, as he request for the porch screen will be denied - as was his request to put a wall a/c unit in his garage (our dec doesn't allow for them), the 6 ft wide platform on the side of his house that is only 5 ft wide, etc. Thanks for your thoughts! Just trying to keep my head about water with this pain in the keester!

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