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Subject: Board Recall
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HectorR
(Florida)

Posts:36


02/28/2019 5:08 AM  
Good morning, last night we had an annual meeting and we had no quorum so the current board memebers stayed.
I live in Florida and we have 548 homes
I had spoken to our ex-HOA attorney,He stated that ecuase of the capacity of homes we only needed 160 certified home owners. Last night the HOA attorneybstated that we needed 183. Can someone tell me if his numbers were correct?
I came in with 83 votes on my behalf and the president only had 20.
Once the attorney ajourned the meeting I raised my hand to the ask the ultimate question. " why is it the our president is also an employee of the association? On Dec.26 2018 I aaked you the same question and you had mentioned that he is not a director" and that is as far as i got,the attorney blew up and was shouting at me. He said that he never said that and I was confused and it got into a shouting match.
He was very professional.
It clearly states in our governing documents that the following:
-The president shall be a director
and the florida statue states that compensation is prohibited.
-The new management contract states that all employees are employees of the association and only the board of directors can terminate the employees.
Well the president is an association employee how is that ethical?
I tried to tell them that the president needs to step down but the attorney went ape s!#: on me destroyed the meeting and stormed out the door. He was infuriated almost looked like he wanted to rip my neck off.
I'm thinking of bringing my case to the state attorneys office.
Does anyone have some advise for me?

Also notices of the annual meeting were not posted thru out the community like the normaly do within 48 hours of a meeting.
I live in an HOA association not condo.
Thanks.
SheliaH
(Indiana)

Posts:2565


02/28/2019 5:44 AM  
Your documents should state what percentage of homeowners need to attend the annual meeting to establish a quorum, so read that and do the math. For example if it’s 10%, 54.8 is the minimum number required (most round it up to 55). Also note if you have one vote per home – if it’s co-owned, the owners have to decide among themselves who will do the voting. Proxies may also play a role – in our community, we count the proxies and the number present to see if we have a quorum (which we didn’t have in our recent annual meeting either, so our current members remain. Not nearly as much drama as you’re having, though).

Why, pray is the HOA attorney running the show? What did the board members do while you and he were going at it? I suspect the president was enjoying this, which probably means everyone else is on his side or too afraid to speak up.

I seem to recall that Florida has an office that handles HOA complaints, so you can go to the state website and find out, then file the complaint and see what happens. If you’re honked off at the attorney’s behavior, go to the bar association.

Which is why I keep saying you need to go to the HOMEOWNERS with these issues and push for a recall or something because that may be the only way you’ll get rid of the president as board member. You're off with a good start if you were able to get 83 votes.
GeorgeS21
(Florida)

Posts:1243


02/28/2019 7:57 AM  
I'm confused, as usual.

If there was no quorum, there was no meeting, right? (what is your quroum?) - if less than 30% whatever is in your bylaws, if equal to or more than 30% in Bylaws looks like it is 30% per FS720 - or 165 owners (548 x 0.30 = 164.4)
"(a). Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests."

Isn't the number of votes (I'm assuming you mean for director position) irrelevant since there wasn't a quorum?

The meeting was adjourned immediately since there was no quorum, right? Why would you ask a question after the meeting was adjourned?

Compensation - devil in these details - in what capacity is the president an employee?
"(12) COMPENSATION PROHIBITED.—A director, officer, or committee member of the association may not directly receive any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association. This subsection does not preclude:
(a) Participation by such person in a financial benefit accruing to all or a significant number of members as a result of actions lawfully taken by the board or a committee of which he or she is a member, including, but not limited to, routine maintenance, repair, or replacement of community assets.
(b) Reimbursement for out-of-pocket expenses incurred by such person on behalf of the association, subject to approval in accordance with procedures established by the association’s governing documents or, in the absence of such procedures, in accordance with an approval process established by the board.
(c) Any recovery of insurance proceeds derived from a policy of insurance maintained by the association for the benefit of its members.
(d) Any fee or compensation authorized in the governing documents.
(e) Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members.
(f) A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association."

Notice of the membership meeting - nothing in here about 48 hour postings - is that in your Bylaws?
"(5) NOTICE OF MEETINGS.—The bylaws shall provide for giving notice to members of all member meetings, and if they do not do so shall be deemed to provide the following: The association shall give all parcel owners and members actual notice of all membership meetings, which shall be mailed, delivered, or electronically transmitted to the members not less than 14 days prior to the meeting. Evidence of compliance with this 14-day notice shall be made by an affidavit executed by the person providing the notice and filed upon execution among the official records of the association. In addition to mailing, delivering, or electronically transmitting the notice of any meeting, the association may, by reasonable rule, adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the association. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda."

Since we weren't at the meeting, we don't know what happened wrt the attorney - attorneys yell all the time, so what? This isn't court with a judge. If you feel strongly about the attorney's behavior, report him, but based on what you said, I would think that would be a waste of time.

Finally, Hector, you need to be far more disciplined to win - you have things out of order - you aren't quoting the Bylaws or the FS - the tactical and verbal attacks on the Board and process and attorneys - all work AGAINST you winning this.
GenoS
(Florida)

Posts:3048


02/28/2019 11:28 AM  
Hector, your Bylaws should specify the percentage of owners needed for a quorum at meetings of the members. The Annual Meeting is that kind of meeting. FS 720.306(1)(a) says that unless the bylaws specify a lower number, the percentage required for a quorum is 30%. With 548 homes that comes out to 165. The number could be 160 if some voting interests have been suspended. I have no idea how the number could go UP and actually be 183. 183 is 1/3 of 548 but I still don't see how a quorum of members could be over 30%.

The attorney could be wrong, that's very possible. You should understand your bylaws completely to figure it out.

FS 720.306(5) says that Members Meetings, such as the Annual Meeting, need to be given at least 14 days in advance UNLESS the Bylaws say otherwise. So, again, the content of your Bylaws is very important.

A Board Meeting must be noticed 48 hours in advance, but the Annual Meeting is not a Board Meeting.
HectorR
(Florida)

Posts:36


03/01/2019 6:05 AM  
Thank you everyone for your responses, I actually did have copies of the florida statues in hand but the attorney was yelling over me and not allowing me to speak.
I will wait till the next board meeting and ask to place this topic on the agenda so i may bring it up to the board.
GeorgeS21
(Florida)

Posts:1243


03/01/2019 6:19 AM  
Hector,

I’m not sure you are getting it, yet.

If everything you have provided is accurate, it is well past time for you to go to Board meetings to argue with the Board or their attorney.

If everything you have provided is accurate, and nothing left out, you have to go formal with letters, discussions with attorney, etc.

If you aren’t willing to do that, or can’t, it is time to regroup and decide what is best for you family and your mental health.
HectorR
(Florida)

Posts:36


03/01/2019 6:39 AM  
You know what, you are correct. This has been affecting my health. At times my chest feels like its going to erupt.
RoyalP


Posts:0


03/02/2019 3:30 PM  
fuh-ged-'bout-it


or


relocate to ANYWHERE without a HOA



GeorgeS21
(Florida)

Posts:1243


03/02/2019 5:35 PM  
More nonsense from RoyalP. Ignore him, Hector.

I have always lived in neighborhoods that were significantly improved in every way by HOA management.

Jump in and make yours a great place ... it will require patience and a complete understanding of your docs, Florida’s statutes and the ability to organize - calmly, and in a forthright and open manner.
RoyalP


Posts:0


03/03/2019 10:19 AM  
Posted By GeorgeS21 on 03/02/2019 5:35 PM
More nonsense from RoyalP. Ignore him, Hector.

I have always lived in neighborhoods that were significantly improved in every way by HOA management.

Jump in and make yours a great place ... it will require patience and a complete understanding of your docs, Florida’s statutes and the ability to organize - calmly, and in a forthright and open manner.





Hector stated:
..... You know what, you are correct. This has been affecting my health. At times my chest feels like its going to erupt. .....


? What part of my advice/options was nonsense ?

? The part potentially avoiding a stroke ?

or

Are you stating the OP's quote was nonsense ?

or

Are you stating that the OP should devote most of his 'down time' to straightening out a mis-managed HOA comprised of uncaring members INSTEAD of simply living peacefully or moving ?

facepalm-emoticon
RoyalP


Posts:0


03/03/2019 10:30 AM  
OUT

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