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AuxiliadoraG (Florida)
Posts: 2
Posted:
Our HOA Board of Director has been delinquent for the last past two year on the HOA Assessment, and the management company knew, that has been happennig they ignored conviously so, they don't lose the $20K per year as managemet fee. When we a group of homeowner when for inspect our HOA records, we also fount out many other discripancies in the account, and after we write the board of directors, which they did not respond, we them write the HOA attorney with the proof attached to the letter, the attorney did not respond and few week after the letter been receipt by the HOA Attorney. They sent notice for a budget meeting, at which two of the board director, the Board President and Board Treasurer resigned, but the only keep the Board Secretary and this last one, was present for the first time to a board meeting or a regular meeting.

Our By Law and DCR is indicated the disqualification shall automatically constitute a resignation, with 3 consecutive abasences(which the Board Secretary was absence more that 3 consecutive times) We noticefied attorney general, who give us instructions to follow chapter 720, since they were not follow our DCR and our By Law and did a recall and remove a board director with the 10 percent of the voting interest giving notice of the meeting. Once more we received a nasty letter from HOA Attorney as well the entire community together with a notice of a budget meeting and this meeting the suppose Board Secretary now become Board President, does not take present in the meeting, and the management company tell us that were some step missing from the recall because we need to be done by an attorney.

What would you do in this circunstance.?

We are very upset with all this non-sence. Kissimmee, Florida.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I have no advice for you, other than to say, O My.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Auxilidora,
Is this related to Speedadora?
Look my friend. Your letter and request is so full of uncertainties, I doubt anyone can give you advise.
I suggest you get your group of supporters together, get organized and define responsibilities in your group. DO NOT infringe on the sovereignty of the association by presenting your group as some official group of homeowners.

But only do this after you have exhausted any possible resolution with the board and your group. You are going to have to be just as knowledgeable as the Board and just as determined............do not take it on lightly, work for solutions in your community, be willing to volunteer your services and be willing to listen and understand what you hear, and keep records of what you find out.

In language is a problem, make sure you are saying what you want to say, get your thoughts translated before you post here and before you send out written communications. It will only cause confusion if you don't.
SusanW1 (Michigan)
Posts: 5,202
Posted:
As I have said before: the COLLECTIVE power of the MEMBERS is the greatest force in the HOA.

If things are as bad as you say, i am surprised that 100% of the membership is not marching with you.

DonnaS (Tennessee)
Posts: 5,671
Posted:

AUX,

GET A NEW ATTORNEY!! Bad advice on the "recall". No attorney needed.

Are you a condo? If so, call the Florida Ombudsman for your district.

Get someone to help you thru a reorganization of the Board.

Fire the Management company

Get an audit of the financials, you might need a lawyer to pursue this if there was theft.

Get everyone together from the association who will stand up and get this train back on the tracks.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna and Susan,
I hope this OP listens to your words. Susan remarks about the collective power is critical. I think people understand that, they just don't know how hard it is to get it together. I don't think they understand you don't need the entire membership or even the majority, you just need enough to get the train back on the track. A smaller task but it will not get done without commitment and knowledge, you have to know who you are fighting and be smarter than they are. It goes without saying that "entrenched boards," if this is case case here, make tons of mistakes.
AnnaD2 (Florida)
Posts: 960
Posted:
Am I reading the very first sentence correctly? :

"Our HOA Board of Director has been delinquent for the last past two year on the HOA Assessment"

If there is a director who is behind on payments doesn't the Florida law read that if a director is 90 days behind they are automatically OFF the Board?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By AnnaD2 on 11/17/2009 9:03 AM
Am I reading the very first sentence correctly? :

"Our HOA Board of Director has been delinquent for the last past two year on the HOA Assessment"

If there is a director who is behind on payments doesn't the Florida law read that if a director is 90 days behind they are automatically OFF the Board?

Anna, As best as I can tell that's what happened.

I think that's what the original poster is saying here:

Quote:
They sent notice for a budget meeting, at which two of the board director, the Board President and Board Treasurer resigned, but the only keep the Board Secretary and this last one, was present for the first time to a board meeting or a regular meeting.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Michelle,

I looked at the 1st post again and I think this is what Anna is questioning and after reading it again, I too wonder if this means the Board president is NOT paying his assessments. This is difficult to dissect.

from the o.p.---"Our HOA Board of Director has been delinquent for the last past two year on the HOA Assessment"
MaryA1 (Arizona)
Posts: 7,043
Posted:
Does she mean all the board members or just one. If just one, which one. Frankly, I'm having trouble making much sense of her message. We're all going to do a lot of guessing until she makes herself much clearer. Just my opinion, of course -- maybe I'm just getting old. LOL

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