Filing a complaint with the State- Florida

SteveP5 (Florida)
Posts: 50

Posted:

I hear people saying that they are filing complaints with the State in regards to actions the BOD are taking but I'm not sure where to even file such a complaint or if that is the right way to start when it comes to turning over the BOD.

Don't know if anybody is paying attention to my little problem but as I suspected the new president stopped the foreclosure sale that was scheduled for today.

The unit owner was foreclosed on and given 90 days to pay by the court. The sale of her property was supposed to be today, but as the new president (been on BOD one month) can stop the foreclosure sale he did just that.
The unit owner is his friend.

we are now outstanding for almost 3 years of dues on that unit and the owner is still not paying her dues.
For the last three years we have paid increased dues to compensate so I'm PO'd
about the whole thing. might not sound like a big problem but we only have seven units and one unit not paying up is a big deal to us.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Steve,

Actually there's nothing you can do about this, IF it was a board action and not just an action taken by the Pres. If the latter, then the remainder of the board members should be causing a ruckus as the Pres has no authority to act alone. The Pres is only one member of the board and can be removed from his officer position by a vote of the other board members. If I was a member of this board, I certainly would NOT put up with this, whether the Pres was my friend or not!

SteveP5 (Florida)
Posts: 50

Posted:

Hi Mary
well unfortunately the problem we have is that the other two on the BOD will not act against the president. and the friend who has just been given free license to live in our Associations free of charge will not vote against the president either so, the "Good guys" are outnumbered by one vote. I'm up against a cronies organization here.

I spoke to the Management Company that the current BOD fired and they leaked me some information showing that out current president is again over 60 days late on his dues but as nobody on the BOD will do anything against him he gets away with it while he...the president is attempting to collect Fines and fees from us for bogus assessments and increases in same.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Steve,

I'm never one to promote talking about fellow board members and the actions they take but sometimes there is an exception to this rule! I think it may be time for you to start educating your fellow members. These board members, (specially the Pres, (the others "may" change under different leadership)has got to go. IMO, the board members should always set an example -- they shouldn't be delinquent in paying assessments and they shouldn't violate the covenants. In fact some docs even state if a board member is delinquent it's an automatic removal from the board. Check out your bylaws. At any rate, it sounds to me like a recall is in order. Talk to your friends privately and someone other than yourself get the ball rolling on the recall.

AnnJ1 (Florida)
Posts: 122

Posted:

Hi Steve,
Florida oversight of Chapter 718 is under the control of The Division of Florida Condominiums, Timeshares, and Mobile Homes. The Division’s responsibility is to ensure compliance with the provisions of Chapter 718, F.S., and the division’s administrative rules.

Here is a link to the statutes and the Division...
http://www.myflorida.com/dbpr/lsc/statutes.html

Should you wish assistance or wish to report any infractions, the Division is the place to go.
While you are at the link above, take a look at the Administrative Codes and rules in the 92 page pdf document. The file contains 92 pages of codes/rules and penalties for non-compliance by condo associations in regards to Chapter 718. The penalties can be substantial and are categorized into minor and major infractions.
Perhaps, as a supporting document to you when addressing your fellow neighbors, the referenced source here will add to your credability.

Additionally, to address your president's assessment delinquency... Chapter 18 states:
"718.112 (2)
(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law."

Good luck in your quest...
Ann

BrianB (California)
Posts: 2,820

Posted:

Sorry to hear about your problems.. You might check your rules/by-laws for help, MFHOA had a clause that any officer/board member more than 30 days past due with their assessments was automatically removed from the board. Maybe yours has something similar?

If nothing else, knowing the by-laws might help you properly plan a recall petition and election.

DavidH16 (Florida)
Posts: 7

Posted:

Stevep5,

Gov. Crist signed into being the new fs720.

I believe he cleared up your problem very well by entering a clause that
prohibits anyone from serving as a Board member if they are in arrears with dues or assessments.

Makes a good read this new 720.

CarolF (Florida)
Posts: 435

Posted:

David - I'm not aware of any new 720 that was signed by Gov. Crist in 2009. Are you referring to the bill that was passed recently by the legislature for 718(Condos)?

DonnaS (Tennessee)
Posts: 5,671

Posted:

David,
Could you provide us with a link to the 2009 Statutes 720. The legislation is still in session and I have not been able to find any new 720s' Thanks

SteveP5 (Florida)
Posts: 50

Posted:

Quote:

Posted By AnnJ1 on 05/08/2009 2:04 PM
Hi Steve,
Florida oversight of Chapter 718 is under the control of The Division of Florida Condominiums, Timeshares, and Mobile Homes. The Division’s responsibility is to ensure compliance with the provisions of Chapter 718, F.S., and the division’s administrative rules.

Here is a link to the statutes and the Division...
http://www.myflorida.com/dbpr/lsc/statutes.html

Should you wish assistance or wish to report any infractions, the Division is the place to go.
While you are at the link above, take a look at the Administrative Codes and rules in the 92 page pdf document. The file contains 92 pages of codes/rules and penalties for non-compliance by condo associations in regards to Chapter 718. The penalties can be substantial and are categorized into minor and major infractions.
Perhaps, as a supporting document to you when addressing your fellow neighbors, the referenced source here will add to your credability.

Additionally, to address your president's assessment delinquency... Chapter 18 states:
"718.112 (2)
(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law."

Good luck in your quest...
Ann

Thank you Ann Great post.

SteveP5 (Florida)
Posts: 50

Posted:

Ummm Ann I'm having a hart time finding the the Administrative Codes and rules.

I found the website but can't find the actual codes and rules with the penalties for non-compliance or the PDF.
I even did a search for it and came up blank.

AnnJ1 (Florida)
Posts: 122

Posted:

Sorry you're having a hard time, Steve...
Link is
http://www.myflorida.com/dbpr/lsc/statutes.html

I hope the attached screenshot will help you.... If it doesn't, when you go to the website above, you will see a list on the right with links to various statutes etc. The link directly beneath the FL 718 statutes, will take you to the Division's administrative codes...
Ann

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SteveP5 (Florida)
Posts: 50

Posted:

Oh wow I'm dumb today. sorry.
That screen shot was great and I appreciate the time you took doing it.
Steve

SherrillS (Florida)
Posts: 15

Posted:

I would like to address some major concerns of operating practices of the Townhome HOA Board located in Tampa Florida.

On 5/27/2014 Properties Management Company provided each board member the roles of each position and responsibilities for HOA officers. Currently, the president is performing all functions, creating agendas, sending bulletins from the President only, stopping contractual projects without entire board approval, assigning HOA officer roles to the Property Management Co.

I have read them and confirm where the HOA Board is not operating in best practices.

Property managers have interesting yet frequently fast-paced jobs. These individuals need to be able to handle issues as they come and deal with them as quickly as possible. PropertyManagement company has provided outstanding service to the community. By setting rent, collecting rent, adjusting rent, finding tenants, screening tenants, handling leases, handling complaints/emergancies, handling move outs, dealing with evictions, maintenance, repairs, vacant properties, managing budget, maintaining records, pay utilities and host of many other items.

The below responsibility is NOT the Property Manager role.
I am not in agreement with the property management preparing the agenda for discussion year after year. This is the responsibility of the HOA Secretary. This is a board membership of President, Treasurer and Secretary. Each has the role to present. Currently, the president is performing all functions.

All agenda should be forwarded to the Secretary for preparation and approved by the HOA Board.

All financial reports should be reviewed/approved given by the treasurer.

Training is required by Florida Statutes and Department of Business. If I am correct there have been 2 since March 15, 2014. Currently, the entire board is not in compliance.

All meetings are to be posted 48 hours. 8/21 at 8:03 pm via text to my phone from the president is not proper protocol of notification or an 8:30 pm email blast. The meeting scheduled 8/21/201 at a new location at 6pm is not 48 hrs. This is not fair to the community. Calling residents and informing them of the meeting is singling out home owners. If all residents are not called and notified; the HOA board should not make any calls to one person. Approaching tenents/home owner as a way of introduction relation to the HOA Board is not appropriate nor professional. Tenants wishing to know members of the HOA Board should attend meeting(s) for proper introduction. This will communicate what is the HOA Board purpose and recorded.

All future meeting(s) should be noted and recorded and made publically and commuted well in advance not via a personal decision to have a meeting.

The HOA Board should be respectful of home owner’s time. Meetings should be focused and relevant to agenda. Cover only these areas. And mostly stay on track.

I will be reaching out to the Department of Business Professional Regulation Board and raising an issue along with legal counsel.

SherrillS (Florida)
Posts: 15

Posted:

I would like to address some major concerns of operating practices of the Townhome HOA Board located in Tampa Florida.

On 5/27/2014 Properties Management Company provided each board member the roles of each position and responsibilities for HOA officers. Currently, the president is performing all functions, creating agendas, sending bulletins from the President only, stopping contractual projects without entire board approval, assigning HOA officer roles to the Property Management Co.

I have read them and confirm where the HOA Board is not operating in best practices.

Property managers have interesting yet frequently fast-paced jobs. These individuals need to be able to handle issues as they come and deal with them as quickly as possible. PropertyManagement company has provided outstanding service to the community. By setting rent, collecting rent, adjusting rent, finding tenants, screening tenants, handling leases, handling complaints/emergancies, handling move outs, dealing with evictions, maintenance, repairs, vacant properties, managing budget, maintaining records, pay utilities and host of many other items.

The below responsibility is NOT the Property Manager role.
I am not in agreement with the property management preparing the agenda for discussion year after year. This is the responsibility of the HOA Secretary. This is a board membership of President, Treasurer and Secretary. Each has the role to present. Currently, the president is performing all functions.

All agenda should be forwarded to the Secretary for preparation and approved by the HOA Board.

All financial reports should be reviewed/approved given by the treasurer.

Training is required by Florida Statutes and Department of Business. If I am correct there have been 2 since March 15, 2014. Currently, the entire board is not in compliance.

All meetings are to be posted 48 hours. 8/21 at 8:03 pm via text to my phone from the president is not proper protocol of notification or an 8:30 pm email blast. The meeting scheduled 8/21/201 at a new location at 6pm is not 48 hrs. This is not fair to the community. Calling residents and informing them of the meeting is singling out home owners. If all residents are not called and notified; the HOA board should not make any calls to one person. Approaching tenents/home owner as a way of introduction relation to the HOA Board is not appropriate nor professional. Tenants wishing to know members of the HOA Board should attend meeting(s) for proper introduction. This will communicate what is the HOA Board purpose and recorded.

All future meeting(s) should be noted and recorded and made publically and commuted well in advance not via a personal decision to have a meeting.

The HOA Board should be respectful of home owner’s time. Meetings should be focused and relevant to agenda. Cover only these areas. And mostly stay on track.

I will be reaching out to the Department of Business Professional Regulation Board and raising an issue along with legal counsel.

GlenL (Ohio)
Posts: 5,491

Posted:

Sherrill not sure what you are looking for or did you just want to rant? Either way is good but you really should start your own thread, not piggy back one that is five years old.

Studies show that 5 out of 4 people have problems with fractions

AnnH5 (Florida)
Posts: 304

Posted:

Another thing to consider is that once the HOA has pulled the plug on the foreclosure auction and dropped the lien, the clock is reset to zero. That means that should the next "Board" wish to pursue debt collection, they will have to start all over again with notices, intent to lien, court costs, etc. This will represent more in legal fees for the paying owners. Your new "Board President" has done a great disservice to all owners and set a bad precedent. What happens if YOU don't pay you fees for the next 3 years? Will "all be forgiven"? If your HOA has previously foreclosed on a lien but not this other owner's lien, does the previous, foreclosed-upon owner now have some legal right to go after your Association (unfair debt collection)?

Now if there was some behind the scenes debt repayment plan, I guess it would be permissible to drop the foreclosure and the delinquent owner would need to pay the owed fees, late fee, interest, legal expenses that the Association incurred. But again, if the owner continues to be delinquent and does not honor a repayment plan, you will not only have lost money from the last time but now you have to start the process all over again.

RwT (Florida)
Posts: 154

Posted:

Florida HOA statutes are pretty clear on matters such as meeting posting etc.

The problem is that you only recourse for such 'statue violations' is through the courts.

The DBPR will only get involved with HOA Election and Recall disputes at this time. Period.

Even then mediation is a required first step before pursuing legal relief.

* Non-Lawyer spokesperson.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Steve

To clarify. Are you saying it is the BOD that is foreclosing and they stopped the procedure?

Are you also saying you do not know why they stopped it? Could they have been made an offer for the owner to catch up? If so, it might be the wise move.

I think there are to many unknowns to be condemning the BOD's action at his time.

Thanks

RichardP13 (California)
Posts: 1,767

Posted:

Quote:

Posted By JohnC46 on 08/21/2014 8:26 AM
Steve

To clarify. Are you saying it is the BOD that is foreclosing and they stopped the procedure?

Are you also saying you do not know why they stopped it? Could they have been made an offer for the owner to catch up? If so, it might be the wise move.

I think there are to many unknowns to be condemning the BOD's action at his time.

Thanks

John is talking to a ghost from 5 years ago.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By RichardP13 on 08/21/2014 8:28 AM

Posted By JohnC46 on 08/21/2014 8:26 AM
Steve

To clarify. Are you saying it is the BOD that is foreclosing and they stopped the procedure?

Are you also saying you do not know why they stopped it? Could they have been made an offer for the owner to catch up? If so, it might be the wise move.

I think there are to many unknowns to be condemning the BOD's action at his time.

Thanks

John is talking to a ghost from 5 years ago.

OOPS.....