hoa's in mobile home communities in florida

Started by JanM5 • 11 replies • 1943 views

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JanM5 (California)
Posts: 12

Posted:

Do you address the issues of hoa's filed under chapter 723 in florida. We are on leased land and do not come under chapter 720 which is for co-ops. Thank you.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jan,

We address anything concerning community living issues, including 617, 718, 720, 721 and 723. What can we help you with? By the way, 720 is for HOAs, not co-ops.

JanM5 (California)
Posts: 12

Posted:

I'm sorry, I wasn't clear. Yes 720 is for hoa's in mobile home parks made up of parcel owners. Our park is land leased, no parcel owners. There is always confusion over us, that's why I asked the question.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Jan,

Exactly what is the question you have in mind?

JanM5 (California)
Posts: 12

Posted:

The board recently voted in the affirmative that the community newsletter committee comes under the authority of the hoa. The hoa has been paying for the production of the newsletter from money sent to the hoa by the owner for 11 years. The board member that chairs that committee wrote a letter to the board stating that he and his committee didn't recognize the authority of the board and would ignore the ruling. So my question is this, can a board member chair a committee that is autonomous? Also, shouldn't the two board members of this committee been ruled as having a conflict of interest, and not allowed to vote? What should the next step for the board be.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jan,

If, as I understand it, the community newsletter is being paid for by the owner, IMO, the board doesn't have the authority to rule on anything regarding it. There is no conflict of interest for the 2 board members serving on the newsletter committee.

Having said that, I believe we could better understand your concerns is you gave us a little more info. For starters, why is the board, after 11 years, wanting to make these changes?

JanM5 (California)
Posts: 12

Posted:

The background is this. It recently came to light that the two committees have not reported income since 2006. When the board took measures to require them to not only to report the income but deposit it in the assoc. account is when the newsletter committee decided all of sudden they weren't part of our assoc. They take in a considerable amount of money in advertisements. The check that is sent by the owner is made out to the association, deposited by the treasurer and all expenses for the newsletter are paid by the treasurer. This has been the procedure for 11 years. I am concerned when a board member refuses to recognize the action of the board. Thank you so much for your quick responses.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Jan,

Sorry, but I'm still a bit confused. What is the other committee, besides the newsletter committee. Why is a committee even receiving any monies and what are the receipts for?

JanM5 (California)
Posts: 12

Posted:

the other committee is the activities committee, the association also receives money monthly for activities, dinners, and other activities. Even though they receive money for these activities they still charge for them and then deposit the income in an account they have set up. Income is neither reported or turned over to the treasurer.

MaryA1 (Arizona)
Posts: 7,043

Posted:

First of all the BOD should make it clear to these committee members that they are not autonomous, they serve at the pleasure of the board. Secondly, the bank accounts set up by these committees need to be closed and all funds deposited in the operating account of the HOA. Whatever board allowed this to happen is a moot point. The current board needs to take action now to stop this practice.

AnnJ3 (Florida)
Posts: 2

Posted:

I know this is an old issue but this has just be noticed in my HOA. I am the treasurer of the association and am trying to find information on the above problem. My President just recently opened an activity account off the tax id of the HOA. This account was opened without my knowledge or signature. Where can I get additional information in regards to the legality and my liability. thank you for any assistance you can be to this matter. We are governed by Chapter617 & Chapter 723 Florida statutes.

AnnJ3 (Florida)
Posts: 2

Posted:

I am wondering if anyone has any suggestions on how to handle this issue with elections. Recently there was two positions on our board that no one else was running for but the people currently seated. The bylaws state that even a paper ballot is to be taken when there is no opposing person. There was no paper ballots taken and the secretary stated by acclamation that the people were put back into office. We fall under Chapter 723 by Florida Statute and since the bylaws were not followed it looks like we are in violation of the state law. Does this mean there needs to be another election? Can a form be signed by the people in attendance of that meeting? or is the election legal and binding? I was not able to attend the meeting and this is what the board allowed to happen. There was no objections from the floor but the residents I have spoke with are not sure exactly what happened.. Any help on this would be great as I have read the Chapter 723, our bylaws, and Robert's Rules of Order, I do not see a resolution to this mistake. To make matters worse we have just put our park owners on notice of there Chapter 723 violations. Any assistance would be greatly appreciated....

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