recall documents for the board of directors

Jerrell,

Assuming that you are stand alone homes, you need to Google/Bing --Fl Statutes 720 and click on flstate etc
You are looking for Fl. Statutes 720 303(10) Recall Below is the entire Statute

(10) RECALL OF DIRECTORS.--

(a)1. Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

2. When the governing documents, including the declaration, articles of incorporation, or bylaws, provide that only a specific class of members is entitled to elect a board director or directors, only that class of members may vote to recall those board directors so elected.

(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.

2. The board shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing or written ballots. At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or proceed as described in paragraph (d).

3. When it is determined by the department pursuant to binding arbitration proceedings that an initial recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort. However, in no event is a written agreement or written ballot valid for more than 120 days after it has been signed by the member.

4. Any rescission or revocation of a member's written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots.

5. The agreement in writing or ballot shall list at least as many possible replacement directors as there are directors subject to the recall, when at least a majority of the board is sought to be recalled; the person executing the recall instrument may vote for as many replacement candidates as there are directors subject to the recall.

(c)1. If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting. If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting. Electronic transmission may not be used as a method of giving notice of a meeting called in whole or in part for this purpose.

2. The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the member meeting to recall one or more directors. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in subparagraph (d).

(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file with the department a petition for binding arbitration pursuant to the applicable procedures in ss. 718.112(2)(j) and 718.1255 and the rules adopted thereunder. For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration. If the arbitrator certifies the recall as to any director or directors of the board, the recall will be effective upon mailing of the final order of arbitration to the association. The director or directors so recalled shall deliver to the board any and all records of the association in their possession within 5 full business days after the effective date of the recall.

(e) If a vacancy occurs on the board as a result of a recall and less than a majority of the board directors are removed, the vacancy may be filled by the affirmative vote of a majority of the remaining directors, notwithstanding any provision to the contrary contained in this subsection or in the association documents. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection.

(f) If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the member recall meeting, the recall shall be deemed effective and the board directors so recalled shall immediately turn over to the board all records and property of the association.

(g) If a director who is removed fails to relinquish his or her office or turn over records as required under this section, the circuit court in the county where the association maintains its principal office may, upon the petition of the association, summarily order the director to relinquish his or her office and turn over all association records upon application of the association.

(h) The minutes of the board meeting at which the board decides whether to certify the recall are an official association record. The minutes must record the date and time of the meeting, the decision of the board, and the vote count taken on each board member subject to the recall. In addition, when the board decides not to certify the recall, as to each vote rejected, the minutes must identify the parcel number and the specific reason for each such rejection.

(i) When the recall of more than one board director is sought, the written agreement, ballot, or vote at a meeting shall provide for a separate vote for each board director sought to be recalled.

Jerrell,

Are you a Condo, Mobile home or stand alone home association. You are following the wrong Statutes. You need to follow the Not For Profit association Statutes..they would be 720 for stand alone homes, 718 for Condos and 723 for mobile homes.

This is your Statute. 720:303(b)1. Board directors may be recalled by an agreement in writing or by written ballot without a membership meeting. The agreement in writing or the written ballots, or a copy thereof, shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure.

I SEE THAT YOU HAVE QUOTED CCFJ . That is NOT an official site of the State of Florida. This site is based on opinions mostly anti Board items and has shown many inaccuracies so I would not call this a place for you to find good advice.

I do not know where you got the ch6 1b, 23.0028 You are looking under the Dept of Business and Professional Regulations, Real Estate items. That is not where you should be.

I hate doing all of this copy stuff because of the lengths but here goes for Jerrell

DBPR Form HOA 6000-4. Note that this form is to be used when filing for mandatory binding arbitration of recall disputes in a homeowners association governed by Chapter 720, Florida Statutes. It may be filed by either the homeowners association or by homeowners voting to recall the board.

--------------------------------------------------------------------------------

STATE OF FLORIDA

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

IN RE: PETITION FOR RECALL ARBITRATION

_____________________________,

Petitioner(s) (name of association

or homeowner filing petition), v. Case No.

(To be assigned by Division)

____________________________,

Respondent(s) (association or

owner voting for recall).

MANDATORY BINDING ARBITRATION FORM PETITION-RECALL DISPUTE

The original of this recall arbitration petition form shall be accompanied by a $200.00 filing fee

and shall be mailed or sent via facsimile to:

Department of Business and

Professional Regulation

Attn: Arbitration Section

1940 North Monroe Street

Tallahassee, FL 32399-1029

Fax: 850-487-0870

The petitioner shall attach to this petition, for use by the arbitrator, a complete copy of

the bylaws of the homeowners association, its articles of incorporation, declaration of covenants and

restrictions, and rules, including any amendments to each, as well as any other documents that are

pertinent to the petition including a copy of all recall ballots served on the association, along with a

copy of the petition for the respondent.

1. Name, mailing address, and telephone number of party filing petition (if the party filing

the petition is an association, provide both the street address and mailing address, if different,

for the association.):

2. Name, mailing address, telephone number fax number, and e-mail address of

petitioner's representative (attorney or qualified representative), if any:

3. If the petitioner is an association or other corporation, the petitioner must be

represented by a Florida attorney or by a qualified representative. If petitioner's representative is not

an attorney, attach DBPR Form HOA 6000-6, QUALIFIED REPRESENTATIVE APPLICATION,

as required by Rule 61B-80.101(3), Florida Administrative Code.

4. The name and mailing address of each respondent (if respondent is an association, give the name

and address of the president, secretary, or the registered agent of the ssociation):

.

5. If the respondent is represented by an attorney or qualified representative, provide the name,

mailing address and telephone number of that person.

.

6. The total number of voting interests in the association is ___________.

7. The total number of seats on the association’s board of directors at the time the recall ballots

or agreement were served on the board is _______.

8. The names of the board directors against whom the written recall agreement was directed

and the total number of votes cast to recall each board member are:

a. b.

c. d.

e. f.

9. The date(s) of the next regularly scheduled election for the seat(s) of the board director(s)

being recalled is/are ______________________.

10. If the attempted recall was by written agreement or written ballot, state when the written

recall agreement was received by the board: ________________ (date) at ________ a.m./p.m.

A copy of the written recall agreement or ballots must be attached to this petition.

11. If the recall was by vote at a homeowners’ meeting, give the date and time of the meeting,

and attach minutes of the meeting, if available.

12. The board determined not to certify the recall at a board meeting held on _____________

(date)

The meeting was called to order at ____________________a.m./p.m., and

adjourned at _______ a.m./p.m. A copy of the minutes of the board meeting is attached.

13. As reflected in the minutes of the board meeting, or in any resolution adopted by the board

at the meeting, the board determined to not certify the recall because: (list each specific vote

rejected by the board and each specific basis upon which the board at the board meeting

based its determination to reject the vote and not certify the recall).

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

A copy of each supporting document, such as voting certificates or signature samples that were

considered by the board in rejecting individual written agreements must be attached.

Pursuant to section 720.311(1), Florida Statutes, at the conclusion of the proceeding, the department

shall charge the parties a fee in an amount adequate to cover all costs and expenses incurred by the

department in conducting the proceeding. The fees paid to the department shall become a recoverable

cost in the arbitration proceeding and the prevailing party in an arbitration proceeding shall recover its

costs and attorney's fees in an amount found reasonable by the arbitrator.

WHEREFORE, petitioner requests that the arbitrator enters a final order containing the following relief:

____________________________________________________________________________

____________________________________________________________________________

DATED this _________ day of __________________ 200_____.

Submitted by:

______________________________

______________________________

______________________________

______________________________

(Signed)

Certificate of Service

I hereby certify that a true and correct copy of the foregoing petition has been sent by U.S.

Mail on this day of , 200_ to the following persons : ____________

______________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

_______________.

Name of Respondent

Mailing Address of Respondent

______________________________

Petitioner (Signed)

BACK TO RECALL

Hi Anna,

Jerrell,
Please correct me if I am wrong. You are not a Board member, correct? I did much document work when I was a Board member in Florida. The State is very confusing in the amount of Statutes that they have for HOAs. You are not looking at the correct place to begin this recall of the Directors of your HOA. And the last place that you should go to is CCFJ as it is geared to fight your HOA and is very anti Boards in it's core value.

You need to start with SS720; 303 (10) because that is your governing Statute. I am not trying to be a smarty pants with you but trying to teach you the correct direction to take.

Carol there are 473 lots in our subdivision and many people are not happy with how the board is running our association. There starting to make up their own rules and have secret meetings between themselves and starting to spend the asociations funds without any open meetings in direct conflict with the state law chapter 720. We just had our second annual meeting after turnover and because we did not have a quorum the property manager said the board will stay in office until if or when the board desides to send out proxies again to try to get a quorum. I don't think thats going to happen anytime soon. The president said we will have a proxy committee to talk about it. I volunteered to be on it and I'm still waiting to get a call. As for 50% +1 of the membership to vote for a recall I'm not sure we can get that many. I can tell you one thing though everybody I've talked to is not happy. Carol, Thanks for your thoughts

Then why did you buy into a deed restricted community? No one held a ray-gun to your head and forced you to buy into an HOA. Did you even take the time to read through the Covenants and rules before you bought or did you just assume they wouldn’t apply to you? Oh and don’t say you didn’t know about the HOA because this is one part of FL 720 statutes that I particularly love:

720.401 Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.--

(1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must be in a form substantially similar to the following form:

DISCLOSURE SUMMARY
FOR
(NAME OF COMMUNITY)

1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.

2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.

3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.

4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY.

6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.

7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.

8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

DATE:

PURCHASER:

PURCHASER:

The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.

(b) Each contract entered into for the sale of property governed by covenants subject to disclosure required by this section must contain in conspicuous type a clause that states:

IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.

(c) If the disclosure summary is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the seller's agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first. This right may not be waived by the purchaser but terminates at closing.

Hey Glen you're right I was told about the association being a deed restricted community, But the developer's salesman wasn't to informative about what an association realy realy is. I guess you could call it blind faith since I never lived in one in south Florida where I lived befor I sold out to move to a more or less undeveloped area of the state. I lived in a much older home in south Florida for 38 years and made a nice profit when I sold to buy a new home in Jacksonville, Florida. You know everyone I've talked to would like to sell and move but as you know Real Estate values have gone way down. My Tax appraised value now is probably 35k less than what I can get for my home on the market today, so I guess I will have to wait for better times befor I can sell and move again. Its just getting bad with rules like the kind of grass that you have to grow in your yard, and giving you little fines for not abiding by their rules. It seems like there just thinking up new rules every day to tick people off. Also there's also a lot of breakends in our subdivision. They want to put in speed bumps or speed humps in our subdivision but I think I killed that Idea. They also want to install a 10 feet high chain link fence with barbwire on top right behine my house. I informed them they won't be able to do that without an easement from everyone along the boundary. Also it will lower our property values, and look like a prison, and increase our liability insurance, and if someone climbs it and gets hurt we can be sued. So you see why I not happy with our current board who seems to know nothing about leading our association or of watching the financial condition of our association. In hinesite we probably should not have ever moved south Florida. Thanks for you concern

Jerrell,

Thank you for the blessing.I stress to you that I am not on your case because you are not on a Board but because you are going at change for your HOA in the most radical way. RECALL is and should always be the last option for members who want change. You all have a voice-an equal one at that. It is called your VOTE.

I lived in So. Florida for several years and owned 4 places which entitled me to be on their Boards. I was on 2 of them and write documents for a 3rd. The members have the power to run the associations thru their elected Directors. If they are doing a crappy job, then get the bad ones out and replace them with Directors that you trust and feel good about.

Request copies of the financials, sit in on all meetings as they are open to you except the Lawyer/Board meetings. You have the right to be involved and informed.

Your reasons for being this upset, as you posted them, were not what is going on in your HOA but examples from all over the place. Here again, I think that you need to step back and refocus on the EXACT problems with your HOA, not just what you are reading on CCFJ.

Jerrell, NO, I am not a lawyer or paralegal(former salon owner) but I DO know the Florida statutes well because of my document writting for my HOAs. YES, I am in a HOA here in Tennesssee which is really tough because Tn has no HOA laws, only condo and shared developements. I am outside of Chattanooga and it is drop dead gorgeous here.

Sorry you don't like the "rules" -- and sorry you can't move.

Tough being you.

But if the "rules" don't conflict with the covenants, only clarify or expand on existing covenants, then the board is doing exactly what it's supposed to be doing. Too bad it's not to your liking.

And "many" people is -- how many?

Good luck to you.

You're gonna need it.

I think your comments on the corruption is borderline. You have nothing, you know nothing and you have no evidence of any pattern of any sort of corruption.

You just want to paint the board with as dark a brush as you can.

Oh, by the way, they probably already have an easement. . . . most HOAs do. . . .

And thank goodness you stopped those horrible speed humps! God forbid that nasty mean self-centered board would try to do something it thought the community needed to reduce speeding.

Go get'em, Tiger! Rawr!!

Jerrell,

First of all, with regard to CCFJ, all Jan reports on are the errant boards; he doesn't tell you about all the good ones. He may be on a lot of panels, etc and have over 600 members in his org, but he is anti-HOA and only has negative things to report. If that's who you want to listen to, so be it. Me, I'd rather know the whole picture.

Secondly, the strip behind the units that back up to the trailer park may be common area and owned by the HOA. Have you checked that out?

Lastly, since so many of the property owners don't like HOAs, why not try to dissolve the assn? Otherwise, quit trying to second-guess the actions of the board. Instead thoroughly read your gov docs and state laws so you will know exactly what duties and obligations the board has. And, quit relying on Jan Bergman to tell you about HOAs. Those "horror" stories are not the norm. All board members, attorneys, property managers and judges are NOT corrupt -- not to mention anyone who is a member of CAI!!!

And yet the "easement" could still be listed in your governing documents.

But you are still hedging and fudging.

You give NO quantifiers for your disgruntled group other than "many" or "lots" or "everybody I've talked to."

You need more than that, and I think you know this because you are being so vague and ambiguous with your descriptions of the unhappy campers.

Actually it pretty much sounds to me like you're simply a squeaky wheel, trying to stir up like-minded people, who have very likely received violation notices or been nailed a time or two for delinquencies.

You have offered nothing constructive either in terms of what is actually, specifically going on nor what you actually specifically have as solutions to the errant, rogue, horrendous board.

You are clearly anti-HOA and it seems to me that nothing and no board will ever meet your "criteria" since all you want is to do whatever the h*ll you want to do on your property and to h*ll with everyone else.

Again, good luck with that.

MarryA1 As I said there is no easement or even a buffer zone between our subdivision and the adjacent property. All easements are interior utility easements along the street right of ways with drainage easements running between certain los to the retention ponds behine the adjacent lots. There are buffer zones between the exteroir lines of many blocks and the wetland areas all within the plat boundaries. There are appriximately 90 acres of wetlands that the st johns water management district did not allow to be developed. Its another case of environmental governmental influience to hinder development. You can look at copies of our plat by clicking on the county tax appraiser's web site and look up the plat of pinecrest subdivision starting with plat book 55 page 94 with 7 additional plat sections following it. I hope this answers your questions of where I live. Yes I know ccfj is an advocate of homeowners,condo owners, co op, and mobile home owners rights. He is a watchdog for all the people who live in Florida. Keeping up with all the pending bills and laws that pertain to homeowners. I know how he feels about HOA's. I spoke to him and he told me when he moved here he discovered that he was in an HOA and he quickly moved out. Just click on www.ccfj.edu you will see what I mean. Here's a happy new year to you to and god bless for you concern. JerrellC

Jerrell, I can only say, don't be a hater.

You have to follow rules where ever you live.

You knew it was a deed restricted community when you moved in there.

I have no sympathy for you and see nothing but trouble coming from you.

I don't envy your neighbors at all.

Stop blaspheming, too.

Jerrell,

I am in my 9th year of 2 different HOAs. I don't always like being in here and sometimes I almost hate it but I absolutely work on issues when they finally get my goat. Changes do come from within.

Being in Florida, deed restrictions are a nescessity. Picture the next door neighborsm hauling in a 30 foot boat on the grass. Picture a bright purple house next door or 6 abandoned cars in the yard.. Picture no grass being cut and how many other crappy issues that could clutter up the neighborhood so despite the fact that you have focused on really trivial matters, your HOA does protect your property value to some degree. They cannot make the national financial woes go away but within your developement, the Board does try to keep some form of order, despite being seen by the "ANTI" people, as being inefficient and useless.

I am always amazed how some decide for themsleves what the answer is to the problems on Hoa/condo living when they have no real understanding of how the system is designed to work.

Never have any knowledge of the issues before the Board or the effort required to keep THEIR property operating. And are quick to attack the very people who volunteer their time to manage THEIR property. I think the word is gratitude.

You willingly and knowlingly buy a property in an HOA and YOUR answer is to change the entire system to fit your view of how things should now be done.

And anyone who doesn't agree has to be wrong.

Jerrel speaks with his "many" neighbors and decides the entire system doesn't work. Based on the fact in his mind "everyone" he knows hates HOAs. How did the current Board come into power? Where were all those neighbors of Jerrel who think they know so much about how to run a property? Where was Jerrel? After not bothering to look into the type of property he decided to freely buy? Now after the fact Jerrel and his "many" supporters all have an opinion.

I guess all those that come to this site have hidden their hate all this time. I thought they came to share knowledge and information that others might find useful. My mistake.

In Jerrel's mind there seems to be not one positive reason for an HOA or condo type of property. Yes damn those rules and regulations designed to protect the appearance of your property and value of your investment. How could ANY problems arsie if everyone was simply allowed to do whatever they wished????? I certianly don't see any possible problems when folks are given free rein on what they do or how they do it on the property right?

We would all just live in Jerrel's perfect little world withy no rules....

Anyone have an idea how that would work??

The site Jerrel holds out as evidence that all HOAs are evil is certainly a one sided reprersentation of the HOA world. Because someone in Utah stole money Jerrel then believes some sort of questionable action must be taking place on HIS and every other HOA in HIS world. Makes perfect sense to me.

And with the real estate values in Florida which we all know have headed towards the bottom Jerrel makes some connection with his issues with the Board. Gee with all the financial problems his property has do you think this makes the property more difficult or less difficult to manage? Maybe the Baord is doing their best to "hold things together". And their reward they get to hear Jerrel's opinion on how he thinks things should be done. Wonderful.........Did the Board sink the real estate market in Florida? But if we recall the Board all our problems will be solved. The values will go up, the crime wave will cease, and the property owners who live to find fault will be satisfied.

Recalling the Board is NOT a magic bullet to resolve those issues YOU do not like. Recalling the Board will not fix anything when those taking over have no idea what they are getting themselves into nor have the ability to handle the issues many Boards now face. Many troublemakers who make accusations against the performance of their Boards simply provide simpleminded, easy fixes to problems they don't and never will understand. After you throw the bums out WILL YOU TAKE CHARGE? Probably not. Easier to sit on the sidelines and find fault and present evidence to all you suspect and believe.

I have to wonder why Jerrel would come to this site? He has nothing to share
(other than his hatred for a system he doesn't begin to understand) and certainly isn't looking for information. His mind, opinions and beliefs have all been formulated.

What I can learn from Jerrel and those like him is that one major flaw in the HOA/condo system is the members that buy into such properties. They sit by do nothing, never get involved, turn the managment of THEIR property other to others, never offer any effort but at the first sign of problems they can assign blame and responsibility to others just never themselves.

I don't have a lot of use for that...............

Well Mary, I think you have me all wrong. What I'm trying to do is get a little bit of common sense to the board. The board we have now just paid a contractor to paint the wall entering our subdivision with only a one year warranty. I ask about our warranty and was shocked when the president told me we only had a one year warranty. I also ask him did the paint have any sealer in it and he didn't know or what kind of paint was used. They also had a fountain put in our first retention pond near the entrance also with a one year warranty. In both of these projects only one bid was obtained. I don't think thats looking out for our benfit. We also have a lot of burglaries in our neighborhood. I suggested a call to the security companies and get bids for homes that don't have security at a reduced rate. Did you read about the other project they were planning with a proposed 10 feet high fence along the boundary line with barb wire on top. Not only would it make us look like a prison,lower our property values, and increase our insurance rate with additional liability. I told the president you will need an easement from everyone along the boundary line and I will not sign for an easement on my property. Also not only are they not abiding by the state law by having there own little closed meetings, we find out what they did after the deed has been done. They also tried to put in speed bumps or speed humps in our subdivision, but I killed that idea when I told them they would have to get 75% of everyone to agree, and also the police and emergengy vehicle dept's to agree. They found our I knew what I was talking about. There are certain projects I would like to see in the distant future like a pavilion in one of our parks that we could lease out to members and their guests, and maybe a volloy ball net and horse shoe pits, or shuffleboard built. Also a boyscout or girlscout camp in the woods of our subdivision. So you see I'm not all negative or against everything. Just get a committee together and make some intelligent plans. I believe we should also have our own website for our association. I'm already looking into it and plan to bring it befor the board in the next meeting. I hope this clarifies your thoughts of me. Thanks for you concern and God bless. JerrellC

Jerrell:

This is not my first rodeo. I understand people such as you very well.

Teamwork that's a joke on your part right?

It is not about teamwork for you it is about people doing everything your way. If not, you work to recall the Board (question their actions when you haven't got a clue) and do it YOUR way afterall no one could ever know more than you.

Jerrell knows all just not what HOA living consists of.

The Board and MC oversee the operation of the property not you. You have plans???And just what position do you hold to assume YOU should be deciding anything.

Maybe your 2 cents is neither needed or wanted. Imagine that.

And gosh when you insult everyone and question their abilities it is a suprise to you people might not want to hear more from you?

Have you EVER considered the possibility it is in fact you that is and has caused the problem?

The President was not elected because he has a degree in paint or the contents of paint. And the fact that you have a problem with the warranty period or the type of paint means little to me. Is there any area in which you don't know more than everyone? And if in fact you did have useful knowledge your delivery would in the end make that information worthless as in time no one would want to hear from you since you are required to point out just how little everyone else knows.

What an endearing character trait.

Guess you have the ability to find fault with just about everything.

I would guess this has been a lifelong situation. God given talent?????

I would suggest perhaps best for all involved (especially the other property owners) you sell and move. This would end your requirement to second guess every decision the Board makes and push your opinions at every turn.

Or if not run for the Board ( with the support of so "many" neighbors and friends who hate HOAs) you should have no problem securing a Board position and then everyone else could sell.

And finally please don't NOW try to pass off the impression you are a team player looking out for the good of the property. I read each of your posts and found little if anything positive till you were called out on your behavior and attitude. Now you try to sugar coat your true intentions. Speaking for myself I'm not buying what YOU are selling.

Perhaps the other site you claim has all the true information about HOAs should be given more of your time.

I find it most telling how you offer God's blessings while burying the members of your Board and making unfounded accusations about their behavior. Not the first time I have seen such behavior in doing God's work in God's name.

I got it Jerrell no need for you to explain anything to me.

May God bless the Board mebers, the MC and the other owners on your property.

Robert, I hope you are right but now it seems like we have 3 stooges in office that don't even know how to take a suggestion and follow up on it, or get a committee working on it. Maybe our next board will be more receptive. We have a lot of unhappy people right now. The last board meeting was almost a riot with a lot of screaming people challenging the board and the property manager. Thanks for you concern and God bless.

Jerrell,
You are not the only one to be exposed to this kind of situation, I would say most of us have.

BUT, this is just a battle and not the war so make haste slowly and keep lining your ducks up, the tide WILL shift and it could be your way, if you prepared.

Jerrell, your:
RobertR1 Yes Robert I am preparing myself to run for the next board of directors. I am taking some courses with CAI. I think we need to get our own website for our association. I'm looking into three companies now that sets up websites for HOA's. I'm also going to suggest that we set some requirements in the proxies to run for the board. Presently we don't have any requirements. You don't even have to live in our subdivision. I think that needs to change. I think a candidate should be required to send a resume along with the nomination form. I also think we need to do a background check on anyone running for the board. If any felonies are found within the past ten years then you cannot run for the board. If you own more than one lot you should only get one vote. You must be a us citizen. You must be paid up with you dues. You must not have a conflict of interest with any of our contractors. If you do have a conflict then you must indicate it in the nomination form. The same goes with a practicing attorney. A retired non practicing attorney would be acceptable as a candidate. These are just a few of my ideas which may not be legal and may require a change in our bylaws or It may only require a resolution by the current board to incorporate into the requirements for being a candidate. These ideas would require a legal opinion. I think that if I have to live here I should get on the board and bring a little common sense to it. I'm open for any suggestions or thoughtyou may have with all the above. Thanks for you reply. God bless JerrellC
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Well I think nearly all associations should have a website and I would look around at other HOA website of comparable size to compare. It may come as a surprise to learn that most HOA's don't have but one or two requirements to run for Board. First maybe an age requirement and second would be to be a member of the association, see what yours say. Also check state statutes. If you want to have a sub-division Board or group nothing against that but all monies collected will be over and outside the Parent HOA. I live in a condo under an HOA umbrella and we are a condo managing our own complex, by state charter, something you should look at, but, we still pay and are subject to HOA documents. Some one will sue your butt off if you restrict the members of your organization from participating in the government of that association. We have foreign owners here and they have the same rights we all do. Have you thought Jarrell you will have to probably go to the state house to get some of this done. I am afraid there are going to be some that will tell you where to put this "qualification" requirements.
Jarrell, you are a nice guy I suppose, but you are going about this all wrong. Continue your CAI classes, they teach a lot of good stuff and you will meet a lot of talent there, but they are a company and they are selling a business. They are responsible for this site and they have links on this page that have wonderful resources and so do the other sponsors............my advice....check these links out. You are not going to be able to change the by-laws without a vote of the membership, at least that is how nearly everyone does it.
A short summary: List all these changes you want to do separately on a piece of paper. Take it to your CAI class and ask your instructor to comment. You honestly need to know what you are talking about or you will accomplish nothing and make enemies. HOA's do not run on common sense, they run under the protection of their documents. You must know those documents. Because it sounds right or feels right does not make it right.
Above everything you do or learn Jarrell is this: If you are going to help manage your HOA or what ever; you serve one master. If it does not serve the association, you should not do it. Ask each time..........How does this make a better association and if your documents and state and federal law provide......consider it.You can also find out a lot by researching subject on this site at top of this page, other links on left side of this page, check them out.

Robert CAN (Community Associations Network) not CAI (Community Associations Institute) is one of the sponsor’s of this site.

Jerrell

RichardP, As I said I will have to check this and my other suggestions out with an attorney who was a board president for four years about being a US citizen to run for the board. However, we do have a requirement in our covenants that says a member has to be current in his dues or is not allowed to vote or use the common areas. In our first election one member was not allowed to run for the board because he was not current on his dues. As for the ACLU its another organization that we don't need. JerrellC

DonnaS, I don't think I'm being to restrictive with my recommendations to run for the board. Everyone I've talked to think the same as I do. We just want to keep someone out that has a green card and is not a US citizen. But as I said I will run my recommendations bt an attorney that was President on his HOA for four years. He should be able to set me straight if they would not be legal. Thanks for you concern. JerrellC

Jerrell,

I don't believe you can put restrictions on the qualifications to run for a position on the BOD. The HOA is made up of its members and those members should have certain rights, one being the right to hold a position on the BOD. The only thing that should abridge that right is if that member is delinquent in paying assessments or in violation of the CCRs. Just my opinion, of course.