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EllenS1 (Florida)
Posts: 1,148
Posted:
It appears at our annual meeting this month we will not have enough owners to serve on the board and may have to get a receiver. Does anyone know a ballpark on what this would cost for a 101 townhome assocation in North Florida AND how to go about hiring one. What steps are necessary? etc? Our meeting is 2/27 and I would like to advise the few owners who show up what this entails. We do have a management company
SusanW1 (Michigan)
Posts: 5,202
Posted:
Check your bylaws for elections: they may state that the current board stays "until replaced by election."
So your board would stay in place.

do a search under receivership on this site. (upper tight hand)
EllenS1 (Florida)
Posts: 1,148
Posted:

susan,

The point is the board does not want to stay in plce. Thanks for the search site.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ellen,

Are you able to get any members willing to serve on the board? Perhaps the size of the board can be cut down? I would suggest getting all the info you can on having a receiver run the assn, especially what the cost would be. I've heard that the cost is usually much higher than even having a mgmt co. in place which may mean a much higher mo. asessment. This,in itself may cause some members to change their minds about serving on the board. People don't like having their assessments increased!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
NO, NO!!! You don't want to go that way. It is so expensive and the Association foots the entire bill. Below is from 720:305. Please read it and get everyone out on the streets to find candidates. This should be your last resort to do a recievership.

4) If an association fails to fill vacancies on the board of directors sufficient to constitute a quorum in accordance with the bylaws, any member may apply to the circuit court that has jurisdiction over the community served by the association for the appointment of a receiver to manage the affairs of the association. At least 30 days before applying to the circuit court, the member shall mail to the association, by certified or registered mail, and post, in a conspicuous place on the property of the community served by the association, a notice describing the intended action, giving the association 30 days to fill the vacancies. If during such time the association fails to fill a sufficient number of vacancies so that a quorum can be assembled, the member may proceed with the petition. If a receiver is appointed, the homeowners' association shall be responsible for the salary of the receiver, court costs, attorney's fees, and all other expenses of the receivership. The receiver has all the powers and duties of a duly constituted board of directors and shall serve until the association fills a sufficient number of vacancies on the board so that a quorum can be assembled.

History.--s. 37, ch. 92-49; s. 55, ch. 95-274; s. 2, ch. 97-311; s. 51, ch. 2000-258; s. 20, ch. 2004-345; s. 17, ch. 2004-353.

Note.--Former s. 617.305.

JosephW (Michigan)
Posts: 882
Posted:
Donna's right, but sometimes it takes that 2x4 to the head to get everyone's attention. The fees you would pay would be for whatever time the receiver needs to do the job, and usually at mid-to-high range lawyers' costs, figure $200/hour or up, plus all of the other costs mentioned in the law.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
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DonnaS (Tennessee)
Posts: 5,671
Posted:

Joe,
If I was really bored, I would run a cost sheet up for all of these associations to see what giving up their rights to run their own HOA would cost. I read an article a couple of years ago about a Palm Beach condo association that went into a recievership for 4 months at a cost of over $200,000, all billed to the membership (280 members) Do the math---YIKES!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
This is an article from T.C.Palm and written by Richard White. He is an expert in HOA law. Not A Lawyer.

APPOINTING A RECEIVER

Q. Can you explain why an HOA would want to go into "receivership"? What are the steps someone would have to take in order to go into receivership? If the HOA did go into receivership, how much per month or per year would members have to pay for court costs, attorney's fees, etc.? Have you known any HOA to go into receivership and what were the costs involved to the members?

M.F., Clermont

A. When an association is improperly operated and the members are nonresponsive, any member can petition the court to appoint a receiver to operate the association. It could be that the members have just let the association go into default and there is no active board. It is not a permanent fix but can last for several years. The costs are extremely high as the members must pay for not only court costs, they must pay for a professional receiver. These costs will be added to the normal operation expenses, causing an extremely high fee.

The receiver has broader powers than the board and will strictly enforce the rules and finances. Members lose their right to vote and have no input to the operations. With the receiver's fees and the court costs, it could add thousands of dollars each month to the association's normal operational costs.

I would strongly suggest that the board engage a professional manager or management company to help operate the association. Normally, a manager can take the daily workload off the board and can more professionally operate the board.

EllenS1 (Florida)
Posts: 1,148
Posted:
Mary,

At present it looks like we MAY have two board members out of five. Nobody else is willing to step up to the plate and at our annual meeting this month I would like to let owners know what the cost would be. Actually since so few owners attend the annual meeting it would be good to nofity them beforehand. I agree with you that unless it hits them in the pocketbook apathy prevails.
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

I didn't say we wanted to go that way but if there is no board that's the only option. I'll print out 720:305 and post it door to door..then it's up to them. Do you know if having a receive means the assn does not have to have a management board?
EllenS1 (Florida)
Posts: 1,148
Posted:
Joseph,

Thanks. If a receiver is in charge does the assn have to continue with a manaement company or does the receiver use one?
JosephW (Michigan)
Posts: 882
Posted:
Think of a receiver as a dictator - he or she can do pretty much whatever they want within the law. They can hire a management company or fire one (within the terms of the contract for cause), and they don't have to do what the owners want, since they have essentially forfeited their right to input on association operations by failing to elect a board. Good receivers do listen and communicate, but they don't have to.

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net

*See legal notice below (end of page) or go to www.hoatalk.com/legal
MaryA1 (Arizona)
Posts: 7,043
Posted:
Ellen,

When you're speaking with the members, be certain to clue them in on the valuable info Joe has given you. Hopefully the fact that the members will not have any say in the operation of the assn if a receiver is in control will be the turning point, together with the added cost.
EllenS1 (Florida)
Posts: 1,148
Posted:
Donna,

We are on our third management company. This one is the best we have had but we must still stay on their back and at times must make several requests to have things done in addition to doing a lot of the work ourselves. IF we could find a great one I think it would be worth twice what we are paying now. At least it would be cheaper than a receiver but how to find one? These companies always promise how great they will be but after awhile slack off.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Ellen,
If you were in the south area, I could give you a name but I do not know the JAX area. There is a company that one of our posters is involved with but as per our rules,I cannot reccomend the name. This is a tough thing to go thru but your management company needs to be as good as you can get.

(ps) I did not post the receivership stuff because I thought that you were going that way, you said that if all else fails, you "may" need it. I did read it but thought that your Board and members should be made aware of the huge concequences of going that way)
LoriL1 (Florida)
Posts: 78
Posted:
Ellen,

I've been reading these posts with great interest. We are a small, relatively new community in the Jacksonville area. The developer turned over to the Board in July 2007. As of Jan. 09, we contracted with a new management company primarily because the previous one was non-responsive and cost a lot of money...not worth what we were paying them! I'd be interested in comparing notes with you if you'd like.

Lori

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