Get 2 months of free community web site hosting from Community123.com!
Sunday, February 18, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Management Co hired by old board does not recognize new board.
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
JillC3
(Florida)

Posts:10


02/09/2018 5:07 PM  
Our election was held on the 28th of January (contrary to our bylaws) and only 1 out of 4 previous board members ran to be re-elected. On the 15th of January the previous board hired a management company and handed over all our files to them. We held our organizational meeting on February 1st called by the management company. We have issues with our financial situation and have been trying (through various people) to see the books. They never let anyone see them. We found out the old treasurer is still on our bank account as having signing authority. We requested to go to the bank to have her removed and the new president added. This request was refused by our treasurer (was the president/vice president) of the old board. Today we got a recall notice for two of the new board members from the management company. We feel our building is at risk and money has been misappropriated. What can we do?
JeffT2
(Iowa)

Posts:355


02/10/2018 5:40 PM  
You do not need the Treasurer's permission to change signatures. The board can also appoint a new, different treasurer at the next board meeting.

The President and other board members should take the minutes from the annual meeting and the minutes from the organizational meeting and any other documentation they have, and go to the bank and change the signatures. Maybe don't tell the treasurer you are doing this?

While at the bank, get online access to the accounts, and then use the online banking to see and print past bank statements and cancelled checks to review them for the issues.
KerryL1
(California)

Posts:4791


02/10/2018 6:19 PM  
I'm with Jeff. No officer decides to change signatures, the Board does via its vote at a meeting.

and what the heck does this mean: "Today we got a recall notice for two of the new board members from the management company."

I don't know FL statutes, but what IS a "recall notice?" Is it a petition signed by owners? Or is it signed by the MC?
KerryL1
(California)

Posts:4791


02/10/2018 6:21 PM  
How many directors is your HOA supposed to have, Jill? How long are their terms?
GenoS
(Florida)

Posts:1822


02/10/2018 9:06 PM  
Are you in a condo or HOA, JillC3?
GenoS
(Florida)

Posts:1822


02/10/2018 9:14 PM  
And also, how many units in the association? A recall notice has to be signed by a majority of the owners. How many owners in your association? It sounds like a small group working in conjunction with the new management company. Would a small group of owners be enough for a majority?

If you're in a condo then you could be in for a rough time. The FL legislature updated FS 718 last year and completely screwed up the recall provisions. They're working to fix it this year, but for now it's a real mess. Are you one of the new directors?
JillC3
(Florida)

Posts:10


02/15/2018 8:29 AM  
It is quite evident that the board does not want to give up it's power even though they did not run for office. Our condo is a 24 unit building (one unit unoccupied) Since my last post I am no longer on the board. They had 16 owners vote against me and therefore I was automatically removed. Our board consists of 5 people and two of us were recalled leaving only two (the president, Treasurer and secretary [who was added after the election)}. They have since assigned two new board members without a meeting and without the president being invited. They called meeting to identify who recalled us but the board members did not attend. The management company informed me.I mentioned I wanted my time to explain and was promised I would be allowed to talk at the first meeting held.

I don't even know most of the people who voted to have me recalled but they are listening to an owner who for whatever reason has an ax to grind.

Our building has many issues not the least of which is our roof, we are in litigation to have an approved owner's fiance removed from the building because of mischief and our past treasurer was paying herself and her boyfriend for various things not approved by the board or the owners.

We finally had won the majority vote on the board and now our attempts to win that majority have been dashed because of lies and language problems. (French not understanding English)

I am at my wits end.
RichardP13
(California)

Posts:2346


02/15/2018 8:35 AM  
Posted By KerryL1 on 02/10/2018 6:19 PM
I'm with Jeff. No officer decides to change signatures, the Board does via its vote at a meeting.

and what the heck does this mean: "Today we got a recall notice for two of the new board members from the management company."

I don't know FL statutes, but what IS a "recall notice?" Is it a petition signed by owners? Or is it signed by the MC?



Petitions to Recall are generally sent to the agent of record, in this case most likely the MC.
SueW6
(Michigan)

Posts:220


02/15/2018 9:14 AM  
You said: "Our election was held on the 28th of January (contrary to our bylaws). . ."

As soon as you stepped outside the power of your bylaws, anything you did was invalid.

JohnC46
(South Carolina)

Posts:7191


02/15/2018 9:17 AM  
Jill

Right or wrong, like it or not, it appears you were properly recalled. 16 of 24 agreeing. Either accept it and move on, start another recall, or seek legal counsel.

Your choice.
JillC3
(Florida)

Posts:10


02/15/2018 11:54 AM  
I wish it was that easy, The management company is saying our bylaws are out of date and therefore invalid.
JohnC46
(South Carolina)

Posts:7191


02/15/2018 12:28 PM  
Jill

The MC is hired by the BOD and generally/legally does what the BOD wants. Change the BOD then change the MC.
BenA2
(Texas)

Posts:180


02/15/2018 7:18 PM  
This is a complicated situation and it sounds like your management company has a different perspective. I think the only good advice is to talk to an attorney. Chances are good that your management company is acting on an attorney's advice.
JillC3
(Florida)

Posts:10


02/15/2018 7:49 PM  
according to our bylaws 2 the president and vice president with 1 year terms.


GenoS
(Florida)

Posts:1822


02/16/2018 3:07 AM  
Posted By JillC3 on 02/15/2018 11:54 AM
I wish it was that easy, The management company is saying our bylaws are out of date and therefore invalid.

How so? You are entitled to file an election dispute with the Florida Division of Business and Professional Responsibility, the DBPR. They will appoint an arbitrator to hear the case and make a decision. You have 60 days to file a dispute and, yes, you may have to hire an attorney to help you with it.

What do your "out of date" bylaws have to do with anything? The Florida statutes set the requirements for recalls in both condos and HOAs and supercede anything in the bylaws. Maybe that's what the MC was saying.
JillC3
(Florida)

Posts:10


02/16/2018 6:00 AM  
Have been told if they have the majority of the building recalling me then I am off the board and have no recourse. The only way I could use the above process if I didn't have the majority..
KerryL1
(California)

Posts:4791


02/16/2018 2:34 PM  
Sorry, Jill, I don't know what this means: "according to our bylaws 2 the president and vice president with 1 year terms." what is it responding to, too.
JillC3
(Florida)

Posts:10


02/16/2018 2:48 PM  
This answer was suppose to go to Kerry above but somehow ended up on your post. Sorry.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Management Co hired by old board does not recognize new board.



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement