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GeriB2
(Florida)

Posts:1

07/05/2008 4:56 AM
Our HOA is owned by the builder and has not been turned over to the homeowners yet. A resident formed an HOA of the homeowners and the builder said we were welcome to hold meetings, but we would serve only as a consulting body to them, the HOA. We reviewd the budget and although many items were questionable, the HOA manager from the Management COmpany smiled and reminded us that ultimately it is the decision of the builder on what ans where to spend money. I feel like this is illegal. DOes anyone know of a Government Agency in FLorida that supervises HOAs so that I can learn what is available to us regarding rights? THe other homeowners are not too interested in hiring a lawyer since our fees are already very expensive. we are just upset because the tennis courts and playground are sadly neglected, the pool and steam rooms are constantly closed for repairs. The common areas and recreation are in need of attention.

SusanW1
(Michigan)

Posts:2178

07/05/2008 5:05 AM
You have been told what your role is now - "consulting" only. Treat him like a landlord and brush up on your "rights" according to your contract with him at the present - with no ownership power or enforcement capabilities at your disposal.

KirkW1
(Texas)

Posts:1145

07/05/2008 6:18 AM
First, your property management agent is correct in that you serve only in an advisory position. That is the contract you entered into when you purchased your home. That being said, if you feel the money should be spent differently, then you should NOT remain silent. Instead do your research and present your case to the developer. He retains control so he can protect his investment. If you see areas that need attention then he needs to know. Maybe you can't force him to change. But until you have tried (really tried) you don't know that he won't make changes based on your input. Think of this as training for the point of turnover. Even if you could make the change yourself, you don't want to do so without thorough research and consideration. You should continue to build your case even after the turnover.

MaryA1
(Arizona)

Posts:2248

07/05/2008 7:59 AM
Geri, I would suggest you read up on your gov. docs and also on the FL state statutes governing HOAs. In most states, the developer has built in provisions to many of the state laws allowing him to do as he pretty much chooses while still in control of the assn. However, at some point in time he will turn over the HOA to the members. At that time you may wish to run for a position on the board. With all the knowledge you've acquired you will be an effective board member and better able to deal with the problems the developer has created. Until that time, the only thing you can do is maintain a good relationship with the developer in the hopes that he will listen to your complaints and perhaps act upon them. Even though the manager has stated "your HOA" can only act in an advisory capacity, that doesn't mean the developer has to listen to your advise. If he only views you as a complainers, I'm afraid you won't get anywhere. Remember the old adage: You get alot more with honey than vinegar.

JohnM3
(Florida)

Posts:208

07/05/2008 1:41 PM
Dear Gb3: Welcome to the wonderfull world of HOA's. We are one also in the great state of Florida. With silly politicans attempting at every turn to change the rules on a daily basis. For the time being don't do what you are trying to do. Your wasting your time all the rules of the game are in his pocket. My suggestion is this; get busy organizing and writing to other hoas in your state. Just your state. Florida has laws beyond being sensible to others. Join into different organizations that are in your area such as Community Associations Institute. Go to there classes and be prepared to pay some money. None are free. Build a shadow board of a President Treasurer Secretary Do not hire a Property Management firm yet they cost money big time anticipate $7 a member per month times how many building sites. Spend your time a lot of time reading and learning your ccrs. Write in questions on this site. Do not even attempt to tell the builder what to do. Get a list from them of all the sub-contractors that have built your homes names addresses of every single one of them. In what county are you located cause in Florida each county is a mini nation unto itself. Even thou the State writes the laws. You are stuck with the City Services which you will find out are very lacking and difficult to get help with. Become a small town politican. Find out which party afilliation each city commisioner is. Use your local papers or safie review.com to get that information.Once you know there party try to back a GOP person if you have one. Them seem more easier to loan you help. Back that person.At re-election time. Start showing your face at City Commission Meetings that is fairly easy. You are gonna need one or more of them to be on your side. They know full well the builders leave town but the members stay. Be prepared for the turn-over night. As soon as the vote totals are listed and the members are voted in.The builder is gonna drop the books on the table and leave. You must be prepared to vote on the spot for the different positions of Pres vp sec treas etc. Before you allow the outgoing board to leave the room demand you get there names addresses and telephone numbers. Have an auditor ready to examine the books the very next day after turn over. If you do not have one go to American Express locally and hire them to do the audit. There maybe nothing wrong so don't be unhappy. Some builders are honest. In addition get the Bank name and address and account numbers from the Builders people.. Freeze the account the very next day. Get your money out of there account and go to BANCO POPULAR and set up 2 accounts 1 for operating and 1 for savings ( Reserves )also set up a lock box account with them. Why Banco its simple they are 1 of the few Banks in Florida that loan money to HOA's. They will also give you certain guide lines on accounts recieveable. How many how high etc. They are a mountain of data and helpfull information. Then send a letter to a concern to handle the monthly statements we use SOUTH DATA in North Carolina you email them your accounts they print the statements and they mail them out in batches. Monthly statements are best coupon boooks people loose them they forget to transfer them to the new buyers etc. Then get busy with City Hall Clerk Get a list of names and addresses of other HOA's in your city. Ask them the HOA's who they recommend as management companies.Do not use an MC that does it all they stink on ice you go in to complain about the lawn service only to find that dept is the son in law of the owner, the office manager is usually the wife. So no matter what your problem is with them its a a big family and does not interact well with outsiders.In addition make sure that the mc company you hire uses TOPS software for accounting purposes. have them set up a web site for your community with seperate email accounts for all BOD members so you can maintain lines of communication with your members. Use there expertise in finding your vendors only if you are not please with who your builder used.The Florida Select committee of Hoas in Florida issued a white paper on what a HOA board should be. They are almost right on the money. The entire select committee if you try to talk to them all they want to hear is troubles they will not help you as a Board what so ever. Send me a email and I will try to email you back with other ideas I have found out in my 21 years of being on the Board of our community . Before the naysayers on this site start complaining understand I am the last remmaining member because its my home in my community. In addition there has been between 2-6 seats empty on our board for the entire time we have existed. So me being on the BOD for so long is only because others have not expressed a genuine interest in our community. Be prepared when people come to meetings its because the BOD has written them up. So take there critisism with a grain of salt. Understand they are not complaining about you the person but what the BOD has done to there world........ Good Luck I wish you well. One last thought in addition see if your city has a congress of hoas and condos. If so go to the meetings and garner free information.Join in with them mutual defense works quite well. Its how our nation started. You are about to become a minature city unto your self. Send eemails with questions and I will try to send you to people we have used or who are good at what they do.

RobertR1
(South Carolina)

Posts:2153

07/05/2008 7:44 PM
To all, Excellent posts all. In case it was not mentioned, I suspect your developer may be having some cash flow problems at this time and his reactions may be to bide time until he can devise a way of generating cash from what he has built. Just a guess, but keep a wary eye out if he starts to want to change the games in the middle of his development venture. This almost always means someone is going to get blindsided if they are not careful. I agree and would not be in the same room with the guy as a representative of your not yet established HOA. I would also be doubly careful when the time comes for turn=over and show no hurry in taking the wheel. Caution, caution. One quick note. Read the first item on this discussion page and read about a deal CAi is offering to set up a web site. It just may dovetail right into your specific needs as outsiders to get into the rign safely. Nope, don't own stock, don't work for them and they probably don't know my name. But it could be a great tool for you all at a small cost if spread around a little.

WilfredS
(Florida)

Posts:3

07/06/2008 8:29 AM
I'm a president of condominium. the board want to change my posicions,what is the legal rules to do. I have many probles with the board but I don't want to leave my posicion

WilfredS
(Florida)

Posts:3

07/06/2008 8:29 AM
I'm a president of condominium. the board want to change my posicions,what is the legal rules to do. I have many probles with the board but I don't want to leave my posicion

WilfredS
(Florida)

Posts:3

07/06/2008 8:29 AM
I'm a president of condominium. the board want to change my posicions,what is the legal rules to do. I have many probles with the board but I don't want to leave my posicion

GlenL
(Ohio)

Posts:1375

07/06/2008 10:21 AM
Wilfred the Board evidently doesn't feel that you are qualified for that position at this time. You need to check your CC&R's but in most Associations the homeowners elect people to the BOD and then the BOD elects the trustees into specific offices. While they probably can't remove you from the Board itself; they have every right to move you to another position. The only thing to do is make your case to them for staying president and hope enough of the other Board members agree with you.

AnnaD2
(Florida)

Posts:336

07/06/2008 12:01 PM
Wilfred, please start a new post. You'll get a lot more replies if you put your own subject line out there. Tagging along on this one, your question will get lost.

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