Trouble maker finally sees records

Happy Holidays and thanks to all for your contributions. Now let me tell you I am a HOA troublemaker. I have gotten myself elected to a board that hates me so I will finally be able to add a different kind of insanity. I have had 4 records requests and 2 more by my lawyer since April. WE are on our third pres since May. The board referenced my attempts to see the records in the minutes two times. I told you last year that the BOD put a fee on the swimming pool that was free for 38 years.No vote no nothing. We are a HOA in Florida since 1972. Our covanents say the association can charge reasonable admission fees for recreational facilities situated on the common area. They also say we have the right of access and enjoyment of all common areas. We are locked out of the pool if we don't pay up, swim or not even though our dues covers it. The covanents say dues and special assessments must be equal for all members. Then I told your they are taking me to presuit mediation for a supposed covanent violation. They had 10 days to approve or disapprove. Didn't happen so I went ahead and brought in a unit. After seeing records today there have been only 6 archetectural applications in the last 3 years in a park that has units. I had 30 addresses that I was looking for applications. They then had a closed board only meeting. During the meeting they said they were going to sue me and play hardball since my attorney told them we could make them pay the $500. The point was I had to try to get them to see I was serious. I am and investor and I need to know the rules. They referenced the 10 day Arch Committee time limit in the minutes a year earlier so they were aware. At the records inspection the president said they were not suing me, only taking me to mediation. HELLO are you serious. I could go on with the horassment. This BOD is using dues to make me spend money and then walk away. They take cash at the pool and throw it away. On the application the Arch Committee had recommended passage. Any ideas?

Hi Tim No one likes throwing money down the drain because someone makes them. If they don't go past mediation can I take this forward to recover my money? I won't take an attorney to mediation, too expensive. My attorney says the same things over and again. Every time his mouth opens I see $ signs.They know they are wrong they are willfully acting in an unreasonable manner beacause it is not their money. They should be held responsible. How?

Happy New Year Melissa I am fimiliar with your views on sueing for rights that have been trampled on by commando boards. If when you purchased your unit that was the policy fine but if the charge was added after you were told that it was included that is wrong. If you rent your clubhouse to non members that is another story. This group decided to charge,no vote or imput.Of course there is no opposition because most people don't use these facilities and are happy to let others pay. Last year they did not didn't raise dues optional 3% so this year they decide they want extra cash so they add last year and raise dues 6%. I went to a lawyer after 4 months of them hiding the records. I brought in a unit last year and the guidelines were in the minutes. What about a BOD that knows they are wrong and forcing a member to waste money to defend themselves of false charges? Why didn't you change the rule if you wanted to charge? Why do boards spend so much of our money suing us or asking lawyers questions that are already in the covanents? The board is suing me and your stuck me wanting to ask how to recover my costs. I respectfully don't understand your point. Maybe you should read the laws governing non profit corporations.

Tim,
Thank you again. You have it right. I have a slam duck. I verbally advised them, sent pictures and address,filed archetectural application(committee recommended approval)waited and sent emails,provided all documentation, lawyer sent letter, waited 12 days and went forward.After I got records had exact case where board president advised the board they had ten days to accept or deny allowing unit. Still after all that they take me to mediation. They made no attempt to discuss or reconsile. The lawyer said I could not counter if I don't answer the request within 20 days and attend mediation. 720.3035 (4)states that if they knowingly and willingly infringe on my rights they are responsible for any costs,resonable damages and attorney fees. Why would someone not be personally responsible? It seems the law would provide a counter against a nut that is suing people with dues when he knows he is wrong.

I am confused, too, James. You wrote that you "brought in" a unit. Was that a mobile home? And bringing one in requires Archt. Comm. approval? And did you leave the number of "units" out accidentally?

James,

Please refresh my memory. Why do you fall under 720? Because you own the lots?

James,

In 1972, there was no Statutes 720 so you were set up as a 617 not for profit corp. The 720 Statutes were adopted in the year 2000. Did your corp ever file changes to their Articles of Inc. to convert to 720? In a vast number of associations, they just started using 617. Tho they are very similar, 720 specifically addresses HOA's where 617 is for all non profits and is different in election procedures and quorum requirements than is 720.

If they thought that the records request might lead to litigation then your board may have had the right to meet in executive session due to pending litigation. Minutes are to be kept of all meetings. However, for executive sessions, they typically are not released without a court order. Count yourself lucky on getting a copy.

It should be noted that the proper way to hold an executive session is to start with an open meeting, enter into executive session for xyz reason, then return from executive session back into an open meeting and hold any votes required. This way, there are no minutes of the executive session - as no action is taken in executive session. The minutes of the open meeting would show the actions taken and document the fact that an executive session occurred.


Since the action was initiated prior to being elected tot he Board, D&O insurance would not cover.

If the action was initiated while you were on the board, D&O insurance typically wouldn't cover as most policies don't cover disputes between board members.

What you say makes sense but I don't think it works in Florida. 720.303 an attorney needs to be there to close the meeting. I have been asking to see the records for months. There were 2 refernces to this in the minutes before this. I started off trying to see the records about the illegal pool fee and ended up with a "we'll teach you" lawsuit.

I did not mean the D&O insurance should pay my costs. I meant it should not pay their's. Their own staements show a total disreguard for my rights. The knowingly and willfully impaired my rights(720.3034) They could not possibly believe they have a leg to stand on. Why should members have to pay these fees when they were done as punishment. They had three weeks. This mobile home is nicer than 90% of the park. Imagine for a minute that it is even more blatant than I have told you what would you do? I was on the archt. committee for two years when I was on the board before. I know the ccr's. According to 720 they could be responsible for damages,fee, costs. So what. It isn't that easy. Going to see lawyers is not what it's cracked up to be. If we were on eqal ground, I mean if they had to use their owm money they would not be doing this. By the way I got the copy of the minutes from one on their employees.

Because of all our lawsuits we have had a high deductable. Last year it was 10,000 now it is $5,000. Would the insurance company look at suit before it goes to mediation and possibly tell them they might be on their own?