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JohnF25 (Florida)
Posts: 5
Posted:
Our HOA Board (community of 49 homes) has taken to quoting Fl. Statute 720 with regards to meeting protocol and responsibilities. They, unfortunately are not interpreting the Statute correctly and are creating their own, ongoing changes to policy and procedure. When petitioned to include matters on the agenda, the board responded with arbitrary rescheduling of the matters, in direct violation of Statute. The Board is also planning to vote on hiring a management company without a vote or input from the membership as to the expenditure of major funding. And, to top it all off, the vice president has taken to visiting members homes or accosting them in his driveway and bullying them for taking part in petition signing and doubting the Boards actions. All actions of dysfunction and troubling behavior. When contacted, the State claims "no enforcement ability" over HOA, despite the Statutes. The City itself is "government light" and does not offer ombudsman or arbitration services. How difficult is censure or recall of a Board in these instances?
FarT (Alabama)
Posts: 14
Posted:
John,

Not sure if your BoD needs your vote(s) to hire a contractor.
That's in your docs. If I recall the Statutes do require three bids above a certain amount and the BoD is not obligated to select the lowest. HOA BoD Meeting notice must be minimum 48 hours prior. Please note: Agendas DO NOT need to be posted along with the notice!

As far as Recall, piece of cake in Florida, but like any legal [due] process the steps must be followed and completed to the letter (of the law). In a nutshell, you can recall any Director(s) anytime with or without cause. You'll need 51% of total membership (26 in your community of 49) to sign the appropriate form. Then they must be delivered to the representative agent of record for your community.

You can find all of this at the FL DBPR website.
Go here: http://www.myfloridalicense.com/dbpr/lsc/ARB/RecallGuideHOA.pdf
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JohnF25 on 02/06/2015 5:22 AM
How difficult is censure or recall of a Board in these instances?

As you have found, state and local governments usually don't do much to enforce HOA laws and leave enforcement to the courts. Have you read your by-laws and other governing documents? They probably include the requirements for board recall. Typically this involves having some % of the members petition for a "special meeting" at which an election takes place to replace board members. As Far mentioned, state law can also provide method for this.

Hiring contractors, including a management company, is in the purview of of the board, there is no requirement to seek homeowner agreement. However, many HOA documents include verbiage that either limits the amount of special assessments and/or dues increases without homeowner approval, or provides for homeowner challenge over a certain amount. If you have not done so, acquire and read those governing documents. These typically include both a "by-laws" for the corporation, and Ccvenants/CCRs/Deed restrictions.

If the board won't follow the governing docs and/or state law, and no government agency will assist, you would probably need to sue for enforcement. Since this can be expensive, it is best done by a group of like minded owners who can share the expenses.

If anyone, board member included, is harassing you on your property, tell them they are trespassing and contact law enforcement as needed.

Escaped former treasurer and director of a self managed association.
FarT (Alabama)
Posts: 14
Posted:
Fl. State statutes completely trump all HOA docs. with regard to Recalls.

The link I provided will give it to you 'straight from the horse's mouth' along with the forms to use and all required due process.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By FarT on 02/06/2015 10:57 AM
Fl. State statutes completely trump all HOA docs. with regard to Recalls.

Right at the bottom of page one on your link it says that recalls can also be done as provided in the governing documents.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
JohnF

In an association not all items are voted on by the membership. Quite often a specific amount of power is given to the BOD to act as they see fit. Petitions, etc. do not "legally" have to be listened nor abided by.

Owners have the ultimate control in that they can recall specific BOD Members (even an entire BOD) but until such time, the BOD had a certain amount of an anonymity.

DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By JohnC46 on 02/06/2015 12:07 PM
JohnF

Owners have the ultimate control in that they can recall specific BOD Members (even an entire BOD) but until such time, the BOD had a certain amount of an anonymity.

Or autonomy?

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DouglasK1 on 02/06/2015 12:17 PM
Posted By JohnC46 on 02/06/2015 12:07 PM
JohnF

Owners have the ultimate control in that they can recall specific BOD Members (even an entire BOD) but until such time, the BOD had a certain amount of an anonymity.


Or autonomy?

You are correct.....my bad.
FarT (Alabama)
Posts: 14
Posted:
Quote:
Posted By DouglasK1 on 02/06/2015 11:14 AM
Posted By FarT on 02/06/2015 10:57 AM
Fl. State statutes completely trump all HOA docs. with regard to Recalls.


Right at the bottom of page one on your link it says that recalls can also be done as provided in the governing documents.

Not sure what the problem is here?
The Statute provides relief in a manner superior to any Florida HoA docs (i.e. trumps them).
They even provide the forms and instructions.

A written recall allows the community to be canvassed for the required amount of signatures by the member(s) initiating the action. Once you get 51% you can stop canvassing. Upon completion and properly delivery the recall is moved forward by operation of the law.

This eliminates chicanery by the BoD.

Thus it trumps them.
FarT (Alabama)
Posts: 14
Posted:
Quote:
Posted By JohnC46 on 02/06/2015 12:07 PM
JohnF

In an association not all items are voted on by the membership. Quite often a specific amount of power is given to the BOD to act as they see fit. Petitions, etc. do not "legally" have to be listened nor abided by.

Owners have the ultimate control in that they can recall specific BOD Members (even an entire BOD) but until such time, the BOD had a certain amount of an anonymity.


Sentence #3 is half true in Florida.

If 20% of the membership petitions for a special meeting the Bod must schedule to discuss.
However they are not compelled to vote to affirm the issue or request as petitioned.

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