The board is upset that I make them enforce rules..

Started by SueL7 • 12 replies • 1458 views

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SueL7 (California)
Posts: 30

Posted:

They want me to only speak to their attorney. Meanwhile, there is a renter parking in guest parking for a month with an expired pass. If I was to park there, I would receive a notice. I have taken pictures, sent an email every day that the car is there to the board. They will not respond to me or fine the violator. They think they can sue me for harassment! They taking $5000.00 of my money a year and they ignore me. I will not go to meetings anymore as I just sit there. They will not acknowledge me from the floor. Help! Is there anything I can do? I am so upset that today, I served them for doucments to see if they have ever fined this renter for past (and there has been many) violations. They are also silent about everything. They do a montly newsletter with little info in it. Help.
Is it normal for a board not to communicate at all?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Well, you don't know ALL the facts, but if they insist, then speak to the attorney - but make sure that the Board is paying the bill, since they insist on it.

Tell the attorney that you are concerned with the unequal enforcement of violations and want assurance that the Board is treating everyone equal. Ask that the lawyer send a letter to the Board reminding them of their obligation to treat all residents equally.

Do not tattle on your neighbor or bring up anyone's name. This issue is about equal treatment by this board when it comes to violations, not about one particular case.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

SueL,
Susan is given good advice for a lot of reasons. You have to remember we on this Board are being asked a lot of times to "pick a side". We tend to lean towards the one asking for advice. However, we also take great pains to stay fair in our opinions.

You titled your post The Board is upset because I made them enforce the rules, etc. What we heard from you is you are upset and the problem is the rules are not enforced. It sounds like you do have an avenue to voice your concerns. However you are going to be asking questions from a hired gun of the association. Maybe before you talk to that lawyer you should engage council to attend your meeting with you.

Think this over and consider the ramifications if you get to see the HOA attorney and things go sour, you are left to go back and start over, so to speak.

JimM7 (Florida)
Posts: 71

Posted:

Hello SueL......
First..remind the board that "their attorney" is in fact the associations(all the members)attorney. You cannot go to that attorney privateley , the board must do that in representing all the people. The question is simple...how do they follow the rules?

I belong to an association that has board members who think that it is "their" attorney. If they don't want to follow the rules...recall.

In Floria things will change next year..I hope you can work it out.

SusannaM (Florida)
Posts: 366

Posted:

Quote:

Posted By JimM7 on 12/18/2008 10:05 AM
Hello SueL......
First..remind the board that "their attorney" is in fact the associations(all the members)attorney. You cannot go to that attorney privateley , the board must do that in representing all the people. The question is simple...how do they follow the rules?

I belong to an association that has board members who think that it is "their" attorney. If they don't want to follow the rules...recall.

In Floria things will change next year..I hope you can work it out.

Jim, I agree.
I'm also curious, what exactly is going to change in FL next year that is not already in the Statutes ???

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Jim. I also would like to know what specifically is going to change?

I am no authority and only pick up bits and pieces but would I be accurate to believe a lot of the proposed changes are being made because the Ombudsman progran is swamped and inoperable and there are fixes for this program? As an extension of this I think I understand that these new changes are being or have been written by the same people that screwed up the arbitration program. I have sort of looked to Florida to lead in this association legislation and start protecting the Homeowners. Now with the current economic problems I heard there are social welfare groups just moving homeless people into foreclosed or being forclosed property. I am not judging but I can't see this as anything other than more trouble and some of that could turn very ugly.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Jim,

You are not alone in your thinking that the attorney is the assn's attorney, meaning all members. However, you all are dead wrong. The attorney serves the members of the board in their capacity as managers of the assn. The attorney does not represent the members and the members cannot just call on the attorney for info or advice. Is this one thing that is going to change in FL next year? Do you have a crystal ball? LOL I've been active at the legislature in AZ but would never predict what bills will or will not pass in any given session. There are just too many factors (many unforeseen) that can upset the apple cart!

SusannaM (Florida)
Posts: 366

Posted:

Point taken Mary.
Robert, don't get too exited about FL legislation. Truste me, all the Statutes do not change the sometimes outrageous attitude of some boards. It's good for the attorneys though.

JimM7 (Florida)
Posts: 71

Posted:

Just a note.....

These are three Florida legislators who will start the ball rolling in the 2009 house : Rep. Julio Robaina, Rep. Ken Roberson and Rep. Paige Kreegel.

My representative Rep.Larry Cretul will be approached for support.

I have the survey that was accomplished by interested individuals and will pass that on if anyone is interested.

The fact that HR 679 failed last year was reason enough to get it right this time. There are too many ignorant or lazy boards that will have to change their ways or else. Nothing is easy, but nothing is imposible either.

Hope I did'nt get off post, but someone asked.

SusannaM (Florida)
Posts: 366

Posted:

Jim, I tried to find this Bill to no avail. Does it have something to do with the fact that disputes between a homeowners and the HOA will no longer require mediation or arbitration as a pre-requisite, and that it can go straight to the Courts ???

JimM7 (Florida)
Posts: 71

Posted:

The mediation/arbitration issue will be a highlight of any changes made to FS 720.

I believe that a comprehensive bill will be produced that will have broad support in both the Florida House and Senate.

I believe the final package will be seen sometime in March of 09.

It is a fact that HOA's in Florida need the same kind of protection, in the law, as the condo's have with the law that passed this year.

Again, if anyone wants the survey I will try and post it.

JimM7 (Florida)
Posts: 71

Posted:

Here are the 14 topics discussed in the survey and used as a starting point for Statute change. Each of these topics recieved overwhelming support from the survey respondents. The legislature will gather data for a change in the Florida HOA law as time goes by.

WILLING TO PAY $4 PER HOUSEHOLD PER YEAR TO FUND AN INDEPENDENT REGULATORY AGENCY TO PROTECT HOA OWNERS (#1)
CREATE A HOA OMBUDSMAN'S OFFICE LIKE THE ONE FOR CONDOMINIUMS (#2)
ENACT HOA ELECTION REFORMS IN LINE WITH CONDOMINIUMS (#3)
HOLD DIRECTORS PERSONALLY ACCOUNTABLE FOR THEIR ACTS AND BAR FELONS FROM SERVING AS DIRECTORS PLUS OTHER RESTRICTIONS (#4)
REQUIRE DIRECTORS TO BE DEEDED HOMEOWNERS & LIMIT THEM TO A 2-YEAR STAGGERED TERM ENDING AT ANNUAL MEETINGS PLUS OTHER RESTRICTIONS (#5) BAR ALL KINDS OF FINANCIAL COMPENSATION FOR DIRECTORS EXCEPT FOR REPAYMENT OF PRE-AUTHORIZED AND DOCUMENTED OUT-OF-POCKET EXPENSES (#6) EDUCATION / TRAINING REQUIREMENT FOR HOA DIRECTORS AND
HOMEOWNERS WITH CERTIFICATION AS PRECONDITION FOR BOARD SERVICE (#7) CLARIFY RULES FOR RECORD REQUESTS AND ENFORCE THOSE RULES (#8)
IMPOSE NOTIFICATION SAFEGUARDS BEFORE CREATING OR FORECLOSING A LIEN ON A HOA RESIDENCE (#9)
PROTECT HOA OWNERS' RIGHTS TO ATTEND AND SPEAK AT MEETINGS OF THE BOARD OF DIRECTORS (#10)
BAR HOA BOARDS FROM INTRODUCING RENTAL RESTRICTIONS NOT ALREADY IN THE DOCUMENTS UNLESS A SUPERMAJORITY OF HOMEOWNERS APPROVES (#11)
BAR HOA BOARDS FROM REQUIRING OR LIMITING INSTALLATION OF
HURRICANE SHUTTERS OR LIMITING OPENING OR CLOSING APPROVED SHUTTERS (#12)
BAR DEVELOPERS FROM CHANGING HOA DEED RESTRICTIONS WITHOUT HOMEOWNERS' APPROVAL PLUS OTHER PROTECTIONS (#13)
REVITALIZATION CONTROL AND ENFORCEMENT TO REQUIRE WRITTEN NOTICE AND WRITTEN APPROVAL BY AT LEAST 75% OF DEEDED OWNERS (#14)

SusannaM (Florida)
Posts: 366

Posted:

Jim, would you mind starting a new thread with your last post ??

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