Abuse of power of board members

The key may be whether the board has the authority to assess for what sounds like a capital improvement. Most associations give the board the right to assess (even special assess) for maintenance of existing items, but usually require a vote of the owners for something for creating something new that wasn't part of the original common areas. See if your documents discuss the board's authority to assess and for what. Also the board usually does not have the authority to make significant changes to the common areas (closing entrance?), without owner approval. Some of the Florida members my have more info on whether the state laws address this.

Joe

Have you checked with your county planning & zoning? Perhaps this entrance was required for additional emergency/fire vehicle access.

#1 Check the Florida Statutes as they will override any Covenants and By-Laws.
#2 Check you CCR'S language as it applies to the Boards rights and the homowners rights. Most likely your Board cannot assess you for this Capitol Improvement with at leas 3/4 of the homeowners approval.

Thank you so muh for your help. I appreciate it. Will do.

Thank you so much for your help. It was exactly what I needed to go further. Thanks again.

Would I be wrong to assume the Board wants to close one entrance because of security reasons or traffic problems? Seems to me there are other solutions to this problem other than spending $70.000. Why not a fence to test the effectiveness of closing it off. Put posts or barriers across road that can be moved. Post better signage. Maybe county will provide some input. I am cautious about making any change to property that will be permanent. Who knows what tomorrow will bring. But 70K to close off a road is way out of line and not very smart. Something of a temporary nature is called for and re-visit the issue in six months. Talk to Fire Chief and ask for his personal evaluation of your entrances or any improvements he would make. In writing.

Laura,
Apparently then the problem is not with the entrance it is with the President. I would get together with "the Many residents" you refer to and add as many more as possible and tell him/her you are not going to pay assessments. I would put it in writing and get co-signers. I would qualify your refusal with a stipulation that the expenditure of this kind of money must be made by the Association and you are informing him/her that if necessary your group will retain an attorney. Include that you all suggest a Town Hall open meeting about this issue and offer to sit down with the full board to discuss matter (not just the president, the president was elected by the Board and serves at the boards pleasure.

Florida has state statue 720 which should help you in your cause. It is all there what they can and cannot do. Take a look. Good Luck.

Lisa,
Just to be sure, what I am hearing you say is: There is nothing you can do about it at the State Law level. Your solutions have to be internal.

If so this fact is becoming more and more prevalent around here. I have run flat up against it with the Attorney General Office telling me their office considers the operations of a Condo or HOA are outside the laws of the state. I should get an attorney. I am supposed to hire an attorney and could end up in a state court that the AG says has no authority over my concerns. But, refuse to give me a written statement to this effect. They have also refused to address any more questions about the matter.

I'm not missing anything, I already knew changes have to be made internally, and faced with that fact. I am more concerned about why this is so, and my question slips down the board of importance.
A mess, mess, mess.

The question: Does the state condone closed regular meetings in HOA's and condos?

David,
This is not the case in South Carolina and I am afraid many states, how many? Who knows, not that the numbers would be relevant.

One of our board members closed off an emergency secondary access in and out our community that is designated on his property. He knew this was an emergency route but did it anyway. When the issue was brought up at the last meeting he said that he could take down part of the fence in case of an emergency. This guy is in a wheelchair. ...emergency???? Does this make sence? I went to the Town and they said he was in direct violation and would refer the case to the Town Attny.

Our Town usually doesn't like to confront anyone or make waves... I would like to see this board member be put in his place. There are 53 homes at stake.

They do what they want.

JD- Tucson