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LaverneB (Florida)
Posts: 129
Posted:
any one ever hear of this Gentleman thing? Where do I look for more info on it. Neighbor said this is just a agreement and does not stand up leagaly in a court.
SusanW1 (Michigan)
Posts: 5,202
Posted:
OK - the definition of GA is "an arrangement or understanding which is based on trust rather than being legally binding."

But the HOA is an association or corporation, so all agreements must be legally binding, since this is not betweem two persons.

Can you be more specific about what is being agreed?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Laverne,
If you look up Gentlemans Agreement in the Florida Laws and Statutes, you will have a hard time finding it because there is no such thing. Running a HOA is nothing that a handshake can call binding and as a member of an association, I would go crazy if I thought that anyone in my Board or management company did business that way. We have laws to follow which were made to protect us from that kind of action. Can you tell that I don't even like the sound of "gentlemens agreement"?
SidneyP (Florida)
Posts: 302
Posted:
For two years I have been in dissagreement w/the President of our Board about pressure washing of our Townhouses....there is NOTHING mentioned in our CC&R's abput this being done, I have ask for documation in print. She has yet to produce any but states that the developers saleman told she this was to be done....This is costing us @2600. which we can't afford. The rest of the Board go along w/her except myself. There are many things that ARE in our CC&R's that need to be done, I feel that money needs to go there. Can she keep adding this to our budget. To me this is a "he said, she said" situation.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sidney,
Pressure washing of the townhomes is not something that would normally be in the CC&Rs. It is under general maintenance. I live near the water on the East coast. Mold and green and black gunk are in paradise this far down in the State. We have to do roofs and driveways every other year so pressure washing the townhouses is not a waste of your money. Budgets are written to have a certain amount of maintenances and even some items that are not on the lists, pop up.
You are a condo association? Those Budgets are written for a greater amount of maintenance, cleaning and repairs whereas a HOA has fewer items that the association maintains. What kind of items are not being done according to the CC&Rs?
Can she keep adding this amount to the budget? I guess she has been doing it all along but she doess not do the budget all by herself. Do you have a budget or finance committee? What does the Treasurer think about this item? The budget must also be approved by the entire Board so they must think that this is a nescessary maintenance.
SherryP1 (Arkansas)
Posts: 7
Posted:
Your budget is set forth by your officiers, then has to be voted on (according to your bylaws) by the association. When the budget is up for a vote you can address your concerns. Just remember sometimes preventative maintainance can not only cost less than the actual repair. Do your homework and find out the pros and cons of doing the powerwashing or not. If you can provide material that proves the money is being wasted bring it to the board, if you learn of why this needs to be done, present that to the board so they will be educated on what they are dealing with.
SidneyP (Florida)
Posts: 302
Posted:
We are not condo's, just 77 Townhouses. The reason I say this is a waste of HO's money is because we water with well water. There is so much iron in the water, most units have awful yellow rust stains on both the unit and the lattice that is suppose to house our trash can. The President has chosen to use the weakest solution to do this job (even then some HO's have said they do NOT want their unit done). This washing does NOT even come close to removing the stain, the stain is what looks awful, as I stated in my original post, only dirt from grasss cutting is all that is removed, the rust is still there. I stick to my first statement, this is a waste of $2600. This servise is NOT alloted in the CC&R's. I have sent many many e-mails addressing this expenditure.

As far as bringing it up at a budget meeting, the HO's had none. According to our CC&R's our Annunal meeting and budget review is to be held in Jan. Our Presidnet chooses not to do this. The President called a Board meeting Dec.10 for the purpose of the budget. It was approved and adopted, no HO input or review. On the 15th of Dec. a statement for the semi annual dues (dueJan.1-July 1) was mailed (after I called the MC asking when could we expect our invoice) The President at that time set the Annual meeting for March. As of today there has been no notice informing the HO's about this meeting. The Board, myself, my husband plus one other couple are the only HO's attending this Board meeting, there fore we are also the only ones who know of the new budget. The reason I always say the "President" is because she has appointed all other Board members, who are strickly "yes" members. The Treasurer was completely elimated from the budget process, the President and the PM did it w/o her knowledge, sent her a copy after the fact. This was done because the Treasurer had decided she did not agree w/most things that were going on and no longer go along with everything the President wanted. Don't ask me how but she did get the pressure washing removed, at least for this year. The treasurer knew we ran out of money in June before dues were due in July and then again the end of Oct.

IMO, I feel since the pressure washing isn't in the CC&R's, it should be voted on by the members (which would call for a dues increase). And still should not be done unless it is done correctly with all of the ugly stain being removed. Actually my question still was not answered....Can the Board add these services to our CC&R's just because they want to or they feel is needed? Shouldn't the HO's be the ones to decide what may be added or removed?
SusanW1 (Michigan)
Posts: 5,202
Posted:
That kind of maintenance (power washing) would not be in the CCR's or bylaws for our association. It would be an annual maintenance expenditure.

But it sounds like you've got more problems than power washing issues.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sidney,

You are required by Florida Statutes, to be allowed to attend all meetings of the Board of Directors, unless it is a meeting between the association attorney and the Board regarding any litigation between the Board and it's members or member.
Members of the association DO NOT normally vote on the budget unless the governing docs state so, as this is a Board function, but a good Board will allow for owners input prior to passing of the annual budget.

After reading your post, there are so many issues that are not being followed according to State Statutes that I cannot answer them in a post of normal size.

Please go to Google and ask for "Fl. Statutes 720" Read it and print it out. Especially chapters 720;303 and 720;305. That is where you will see how disfunctional your Board is operating.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
LaverneB: There is no legal gentleman's agreement "thing"--he is speaking about something which is verbal only, not written or official. What is the problem with the neighbor who is using this term?
SidneyP (Florida)
Posts: 302
Posted:
Donna....I know the State Statues, could probably almost state them by heart (Iordered a copy from the State). The problem is our President, but as you can see, HO's just don't care, if only two HO's showed up at a Board meeting that was about the Budget. As I have stated in other post, there are only 17 (maybe) HO's living in the community and the rest are rentals. Out of the 17 the two HO's are the only ones who care enough to attend meetings or do anything (volunteer their time) to help maintain the subdivision. These two have tried to volunteer for the Board but have been turned down by the Board. As stated in another post, the President dug up a HO that lives out of town to fill the spot vacated instead of appointed the on property HO's. There has never been a news letter sent to HO's about anything that is going on in the community, but the HO's don't even bother to ask. As long as the rent check is coming in, that's all they care about....You can't recall a Board member if on one cares and shows no interest. We are between a rock and a heard place. This same Board will continue to run things come March when (the President) decided that she wanted March for our annual meeting instead of Jan. as our docs states. Looks like they are in it for the long haul because no one will show up to vote in a new Board members....
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sidney,
I have sympathy for you and all of the other associations in a similar situation. Florida has so many areas where the ratio of annual to seasonal members is very lopsided in favor of the seasonal and rentals . Condos especially because not that long ago, they were dirt cheap to buy, so anyone with 10 bucks in their wallet, could buy them and then leave them behind for others that live full time, to deal with all of the work.

HOATALK has asked us to post what we feel is the problem with todays associations. The number one issue always comes up as "Owner Apathy" I do not know how to solve the problem of lack of interest and involvement.

If you had more members as interested in solving your Board problems as you are, then there is strength in numbers and now that you are more S.S.720 smart, you can make a difference. It will be an uphill battle doing it by yourself. Wish that we could have the answer for you. How strong are the 2 H.Os that show up all of the time or are you one of the 2? Good Luck to you. I'll sleep on this one.

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