Members in good standing---or not

Anna,
This is from 720;305--(2) Especially #3 is the simple answer. Your Board will have to have it written into your ByLaws by a passing vote from the membership.

2) If the governing documents so provide, an association may suspend, for a reasonable period of time, the rights of a member or a member's tenants, guests, or invitees, or both, to use common areas and facilities and may levy reasonable fines, not to exceed $100 per violation, against any member or any tenant, guest, or invitee. A fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing, except that no such fine shall exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine shall not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to collect its reasonable attorney's fees and costs from the nonprevailing party as determined by the court.

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed.

(b) The requirements of this subsection do not apply to the imposition of suspensions or fines upon any member because of the failure of the member to pay assessments or other charges when due if such action is authorized by the governing documents.

(c) Suspension of common-area-use rights shall not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(3) If the governing documents so provide, an association may suspend the voting rights of a member for the nonpayment of regular annual assessments that are delinquent in excess of 90 days.

(Note.--Former s. 617.305.

Anna,

You are so welcome. Because I have read the Statutes so many times, when I read a post, I can go right to them for a copy and paste for you. Anytime, my friend

"This is why in most HOA the board members always say sue us if you don’t like what we are doing, because they have the insurance company to back them."
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But do they have the insurance company behind them if they knowingly and willingly go against the CC&R's and the State Statues?

First my Board went against the State Statues by having a sceret meeting and reduced our Reserve fubding from $902.42...down to $750. This is all w/o a notice or meeting....HO's do not even know this has been done.

The Board has borrowed money ($5000./$6000.), it was paid back but this was also done behind the HO's back...(SS-720-303 (6) Budget(b)

This same Board has not placed one dime into the Reserves since April of last year and that is only because of some found money (switched MC's 3 times in less than three years), I believe was a small Reserve CD. Only part of that went into the account. There had been nothing placed in the account prior the that except from our 1st MC.

We have $14,000.+ in delinquent accounts. They have NOT charged any interest on these accounts since the second/2nd MC and that included to Board members....Some of these delinquents are over two (2) years old. We are a very small HOA (77 Townhouse units) and ever penny of our $818. a year Budget is needed. With 15 HO's not paying we cannot exist w/o raising the assessments or a large "Special Assessment". The non-action from the Board gives the HO's no incentive to pay. Why pay if they don't have to. Our Association went from six/seven delinquenies at take over to the fifteen(15) we have now.

The Board, knowing all this, hired a new MC back in Oct. that cost us almost double what we were paying before. How and why would they chose to do this? Couldn't that money be put to better use, like funding our Reserves?...Something would have been better than nothing.

We are having our Annual meeting tonight...I am trying very hard to get back on this Board (but what good would that do if they can vote me off)...I have collected some proxies and the few voting HO's that show up at the meeting are voting for me...But I'm not sure I can help since the Board signed a 3 year contract w/this MC which states, the Association must pay the MC three (3) months pay if we cancel their contract. Where the would we get that money?

PLEASE, if anyone can help me w/any suggestion I can use to save our Association tell me. This community and these HO's (though only a few
seem to really care) mean alot to me.