Florida--Board being sued

Started by AnnaD2 • 45 replies • 2438 views

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AnnaD2 (Florida)
Posts: 960

Posted:

This is a follow up to a past thread I had about letting members have access to association records. Here is an update. A member asked to see the association records. The property manager asked her specifically what records she wanted to see. (Note--all this was in letter form; paper trail.) She claimed she didn't have to say which records she wanted. Property manager sent her a date and time he'd be on the property for her to inspect the records. He head back nothing....if that was a good day/time or not.

I (the secretary) laid out all the meeting minutes/agendas on the office table. The P.M. said if she wanted others, he'd pull them from the files for her. I was not going to meet with them (another board member was going to). The P.M. showed up at the correct date and time. He waited, and waited and wait, as did the other board member. She never showed up but they saw her walking her dog.

Now today we receive a letter from her stating that per according to Florida State Statutes we did not respond or allow her access to the records in the allotted time frame. She says she will insist they impose the $50.00 per day (up to ten days) fine plus any legal fees she incurs, plus, (get this) she says I PERSONALLY will be responsible for such fees and attorney costs!

She's claiming she can do this because the date and time letter did not specify 8:00 a.m. or 8:00 p.m. She's also suing for damages. I wonder how she got "hurt" by not being able to see the records.

Gosh, it's so much fun being a "volunteer" here. We've already forwarded her letter to our association attorney. But I'd really like the opinions of all of YOU! I do have one question of you.....do you think it would be a good idea to hold a special meeting about this, since it's my opinion that it's going to become an "association issue", not just a board issue?

Thank you everyone!!!

GlenL (Ohio)
Posts: 5,491

Posted:

No until or unless she actually files suit then it is all speculation to call the SM would just serve to give her validation. I do not know Florida statutes but Ohio's I believe specifies during normal business hours which would invalidate the 8pm remark. Do not say anything on this matter without the advice and guidance of the Association's attorney; because the most innocent of statements can come back to bite you in the butt when litigation is involved.

Studies show that 5 out of 4 people have problems with fractions

AnnaD2 (Florida)
Posts: 960

Posted:

Excellent advise Glenn! Thank you. Others?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anna,

Follow Glens advice. Let the attorney handle this from now on. The association members do not need to be involved. If you have all of the documentation that you have attempted to answer her requests, there is nothing to worry about, Let her spend her money first and hopefully, she will tire of paying out money for her lack of following up on her part.

It sounds to me like she is bored and read the Statutes for something to do. Do you know what she is looking for in your association records?

AnnaD2 (Florida)
Posts: 960

Posted:

No, Donna, we don't. We asked and she said she didn't have to say. I know we cannot legally ask WHY she wants them, but as our property manager said, we're not just going to dump all the records from the past seven years into a box for her and say, "Here you go!" All we were simply trying to do was make certain that the records SHE wanted were seperated from the items she's not privy to. (Legal issues/ personal information; etc.)

DJ1 (Ontario)
Posts: 798

Posted:

Devil's advocate..so the PM sent her a letter that didn't PROPERLY state a time (am vs pm) but you say the PM showed up at the 'correct' date and time.

Was that am or pm? If it was am, and the lady went at 8pm and the PM wasn't there she is right.

Don't try to defend the PM for being sloppy.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Anna,
I am sure that your P.M. knows this Statute but I copied this part for you to reread. I would be very careful what information that you provide her with. Keep a copy of this Statute handy for her in case she gets too pushy. You can charge her up to 50 cents per page and I would DO IT! Documents are not allowed to leave your office so she will have to pay.

720;303
c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not impose a requirement that a parcel owner demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner's right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association may charge up to 50 cents per page for copies made on the association's photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor and may charge the actual cost of copying. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to members or parcel owners:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, any record prepared by an association attorney or prepared at the attorney's express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.

3. Disciplinary, health, insurance, and personnel records of the association's employees.

4. Medical records of parcel owners or community residents.

AnnaD2 (Florida)
Posts: 960

Posted:

Sorry DJ1 but when the PM wrote: "I will be on the property Thursday morning, June 12 2008 at 8:00 to meet with you..." I would assume an adult would know that was A.M.

AnnaD2 (Florida)
Posts: 960

Posted:

Thank you Donna, as always, for your fast information. We are 718, condos, not 720, homeowners, yet I'm sure the wording is quite similar. I'm sitting here reading the statutes again.. By the way...is this statute the new one for 2008? Have those passed already?

ChrisT1 (Florida)
Posts: 5

Posted:

the home owner actually has to send a certified letter stating the request and if after 10 days you don't get them the specific info then they may file a complaint through tallahasse and the state is the one who may impose the fine.

AnnaD2 (Florida)
Posts: 960

Posted:

Hi Chris! I know that the NEW state statutes do say certified letter. Have they gone into effect? The old statutes do not say certified, and this whole mess started (I think) before the new statutes went into effect. Does the State do an investigation, or do they just start handing out fines because someone requests them to???

DonnaS (Tennessee)
Posts: 5,671

Posted:

It goes into effect on July 1st and I do not believe it would be retroactive as this started prior to this date.

The State will send a letter to both you and the woman, asking for explainations. I hope that your P.M has copies of anything that she sent or replied to. I don't see this going anywhere from the contents of the note to the woman re: time for inspection. Owners rarely get away with this unless the Board has blatently ignored a request--which yours did not.

AnnaD2 (Florida)
Posts: 960

Posted:

Thanks Donna! That makes me feel better. Yes, I have copies of all correspondence. Our PM's and hers. If she was confused about the time, she had eight days from the last letter until the meeting date to inquire.

JohnM3 (Florida)
Posts: 288

Posted:

Anna: The Law in Florida will be in HB679 I have copies on my computer. Glad to forward a copy of the Law . However and this is a biggie it has not been signed into law as yet by The Sunshine Gov. He is too busy trying to become John McCains VP designate. The bill is not law yet. But I personally would use it as my guidelines. Join CALN and you have 24/7 access to it. Remeber Florida law is different that 80 percent of the rest of the country

[email protected]

KirkW1 (Texas)
Posts: 1,665

Posted:

I think you should make copies of every record she is entitled to see and ship the whole box to her (along with the bill).

Then she can inspect whatever she wants and is out of your hair. (Not to mention that she has way more then she really wanted and a bill to go along with it.)

DJ1 (Ontario)
Posts: 798

Posted:

Problem with that Kirk is it is 2 different things.

The right to inspect vs the right to obtain copies of what you inspect. At this point she's only asked for the right to inspect....but it would be funny!

DonnaS (Tennessee)
Posts: 5,671

Posted:

DJ,
Florida Statutes gives the rights to the Boards to charge up to 50 cents per copy if you use the Association copy machine. I doubt whether she would bring her own copy machine in to make her own copies. I also doubt that she would want to copy--say---200 pages. She must be either looking for something in particular or just fishing, trying to test the Board and P.M. In either scenerio,, she basically does not have a case against this Board as they made a earnest try to accomodate her. Some people just love drama and to be making waves. It gives them a false sense of power.

SusanW1 (Michigan)
Posts: 5,202

Posted:

And a definition of "governing documents" is going to be interesting!

I would say she would have to provide a list of the actual documents she wants to see.

Any judge would eat her up; but I don't think it will get that far. You have been more than accomodating.

Write her another letter. Apologize for the confusion. State the exact time and ask for a list of her requests; otherwise, the minutes, finanacial statements, proof of insurance, annual reports, large contracts, CCRs and bylaws should be available. Anything else the Board can claim to be "private" and not for public viewing without a court order.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Exactly right,
She needs to present or request which documents that she wants to copy or review. Association documents consist of pages and pages of minutes, approvals, requests, votes, budgets, letters to and from members and I could go on. And in Florida, they must be retained for at least 2 years and some for 7 years. That's a heck of a lot of paperwork for the P.M and office to have ready for her. I posted the list above of any and all documents that are NOT available for a members review. I hope that Annas P.M. knows her Statutes as for records for review. And NO, she(the owner) does not stand a chance of having the Board fined for not allowing her access to records.

KirkW1 (Texas)
Posts: 1,665

Posted:

I don't really think making a copy of all the pages is practical. But if so, it would teach her a lesson in being careful what you ask for.

And thus while I think it fair to ask what she wants to see, it should be assumed that she may want to see additional related documents if she had answered the question. And if she is concerned about cover-up then it might be reasonable that she not tell you what she wants to see so as to prevent you from trying to cover it up.

All the same, she may also be trying to gain access to protected documents hoping that in the session if she goes through enough documents you won't take the time to redact information that should be.

I would tell her that she can call and schedule an appointment during normal business hours at the PM's normal office. You should be under no obligation to bring the documents to the neighborhood. It also will allow the PM to get documents from storage as needed. I would explain that you will not just let her paw through them at random.

If she does sue, then ask your attorney about the ability to try and bill for the time of the PM when she didn't bother to show.

DJ1 (Ontario)
Posts: 798

Posted:

It is a little disconcerting (but human nature) that members here promote a retaliatory response to a homeowner who was within her right to request to see association records.

1.You do agree she is entitled to view the records as some have said the legislation allows don't you? It also doesn't require her to specify which records so playing games with what is provided is not in the spirit of open access.

2.She hasn't asked for copies so you can close that door.

Begrudgingly fulfilling ones volunteer responsibilities is also not what the position entails, nor does it involve being abused by members. Maybe the homeowner has an axe to grind or maybe it was nothing more than a mixup with the communication. Without firsthand knowledge the quote I've seen isn't as clear as some might think for everyone who might read it.

Where is 'on the property'? You were in the office so the PM should have stated CLEARLY date, time, location so no one could misunderstand.

While the PM said they would be there in the morning that doesn't mean they were to meet at 8 AM.

You don't want people to assume the worst of HOA boards so don't assume the worst from the members.

Putting that all aside it is probably a good thing that the new legislation is being adopted in July just so as to avoid issue like this relating to accessing records that homeowners are entitled to. We've read enough cases here to recognize there are problems.

Certified letters will stop Boards from claiming no request was sent as well as a 10 day timeline. Equally the homeowner can't claim they sent a request if they didn't so it protects the board too.

EllenS1 (Florida)
Posts: 1,148

Posted:

Quote:

Posted By AnnaD2 on 06/17/2008 9:17 AM
This is a follow up to a past thread I had about letting members have access to association records. Here is an update. A member asked to see the association records. The property manager asked her specifically what records she wanted to see. (Note--all this was in letter form; paper trail.) She claimed she didn't have to say which records she wanted. Property manager sent her a date and time he'd be on the property for her to inspect the records. He head back nothing....if that was a good day/time or not.

I (the secretary) laid out all the meeting minutes/agendas on the office table. The P.M. said if she wanted others, he'd pull them from the files for her. I was not going to meet with them (another board member was going to). The P.M. showed up at the correct date and time. He waited, and waited and wait, as did the other board member. She never showed up but they saw her walking her dog.

Now today we receive a letter from her stating that per according to Florida State Statutes we did not respond or allow her access to the records in the allotted time frame. She says she will insist they impose the $50.00 per day (up to ten days) fine plus any legal fees she incurs, plus, (get this) she says I PERSONALLY will be responsible for such fees and attorney costs!

My experience is that people who say they will sue seldom do when they are asked for a retainer from their attorney. Just document things and wait until her attorney contacts you.
Gosh, it's so much fun being a "volunteer" here. We've already forwarded her letter to our association attorney. But I'd really like the opinions of all of YOU! I do have one question of you.....do you think it would be a good idea to hold a special meeting about this, since it's my opinion that it's going to become an "association issue", not just a board issue?

Thank you everyone!!!

EllenS1 (Florida)
Posts: 1,148

Posted:

I messed up sending my reply. I said people who threaten lawsuits seldom follow through when their attorney asks for a retainer and tells them their hourly fee. I would just document whatever you think is important and ignore her until (or if) you ever receive a letter from her attorney.

AnnaD2 (Florida)
Posts: 960

Posted:

Thank you ALL who replied. Your comments are always taken seriously. I do have ONE question: DJ1 are you a board member; former board member or just a disgruntled homeowner? Your comments are EXACTLY what prevents a Board from functioning properly. Always "somone" trying to micro-manage and nitpick the unpaid volunteers of an association. Board members are (in most cases) doing their best. There will always be a "know it all" person who strives to throw a "monkey wrench" into the actions of the board. Those people are "poison" for the association. They've only got one goal in mind----trying to make the Board look bad. They rarely succeed.

To the rest of you, I offer this information: Our asssociation attorney said we shouldn't be concerned with her threat of a lawsuit. He said it would be thrown out. Of course, we'll be MORE than cooperative with the State of Florida, should she requessts an investigation.

SidneyP (Florida)
Posts: 302

Posted:

Well, I'm not most people...I threatened to sue and I will if I can ever find an attorney....As I told the Board, I have the time, every e-mails mailed to me and from me and the money to sue....I have spoken w/three attorneys and have been told three times they don't handle HO's against the Association or HO Associations....So if anyone can tell me where to find an attorney in Pensacola, please tell me....I am fed up w/this Board not following our CC&R's but even the SS-720 and calling me names and telling me they are going to have me removed from the Board just because I call them on all they actions harming the Association and the HO's....I am also the first HO that had to jump through hoops to get approval for a fence. And even after approval by the ACC the VP stipped the fence crew when they showed up to set the post. This caused me a delay of several weeks....This was only done because it was ME...the trouble maker who wants the rules followed....Give me the name of an attorney and I show you mine was not just a threat....

EllenS1 (Florida)
Posts: 1,148

Posted:

AnnaD2,

You are so right. Have you noticed that the disgruntled and nitpickers never volunteer to be on the board or even on a committee? They sit on the sidelines and complain but never do a thing for the HOA. Keep up your good work. It's just too bad that board members can't be paid for what they do for their community. I agree with your attorney, just ignore her threats and I doubt anyhing will come of it.

DJ1 (Ontario)
Posts: 798

Posted:

Quote:

Posted By AnnaD2 on 06/18/2008 4:14 PM
Thank you ALL who replied. Your comments are always taken seriously. I do have ONE question: DJ1 are you a board member; former board member or just a disgruntled homeowner? Your comments are EXACTLY what prevents a Board from functioning properly. Always "somone" trying to micro-manage and nitpick the unpaid volunteers of an association. Board members are (in most cases) doing their best. There will always be a "know it all" person who strives to throw a "monkey wrench" into the actions of the board. Those people are "poison" for the association. They've only got one goal in mind----trying to make the Board look bad. They rarely succeed.

To the rest of you, I offer this information: Our asssociation attorney said we shouldn't be concerned with her threat of a lawsuit. He said it would be thrown out. Of course, we'll be MORE than cooperative with the State of Florida, should she requessts an investigation.

I'm curious how my comments prevent a board from functioning properly, or is it because I was trying to propose that there was some miscommunication that might warrant stepping back. Just because you are right doesn't mean you might not still want to try to reopen the communication. Sure is a heck alot cheaper than the frustration and aggravation of legal action whether that legal action is justified or not.

ie. Driver cuts me off, and I can a) give em the finger and have him run me off the road and kill me ...but at least I know I was in the right, or, b)smile and give the moron plenty of leeway to kill somebody else.

EllenS1 (Florida)
Posts: 1,148

Posted:

I would say that three attorneys who will not represent you shows they think you don't have a case. But good luck.

KirkW1 (Texas)
Posts: 1,665

Posted:

Quote:

...So if anyone can tell me where to find an attorney in Pensacola, please tell me....

1-800-342-8011 is the lawyer referal service run by your state bar association.

SidneyP (Florida)
Posts: 302

Posted:

AnnaD2....I was a Board member, resigned and am now (since March 31st) the treasurer. What DJ1 said is not what prevents a Board from being functional..the Board makes that decision on their own. I am quite aware that there are some good Boards out there but there are some who only follow their own agenda, caring little for the Association or the HO's (which I will never understand because they are also a HO). I happen to be in the latter...Heres a few of the things you may call nitpick...

Never maintaining the common area and I mean for 2 1/2 years, all weeds...bushes removed and never replaced, just empty holes....

Increasing the dues w/o prior notice to HO's...30 notice required..

Borrowing money from the Reserves w/o HO's vote or even being told..

Reduced our Reserve amount from $902.42 to $700. w/o HO vote or knowledge of this taking place...BUT still (below)....

Not funding the Reserves for over a year(from last April 07 to present..all Reserve issues against FF-720 law....

Never forming a collection policy,yet in March imposed a late fee retro to Jan., all done w/o HO prior notice, even added late fee to HO's that had already paid prior to March.....

The Association had always had a late interest fee but this Board is selective on this also...some HO's charged, some not....

Selective enforcement of rules and regulations...no violation policy either....

Our taxes were paid late for no reason...

There was no W-9's filled out, no 1099/1096 filed...we have several contracted vendors, plus the attorney...

Both of our fountains have been broken for months...

Three MC in 2 years...

Last MC hired charges double what we have paid before...for less service...

We went from 6 delinquent account at take over to 14 today...we can't do anything about it because it cost $325. for each lien by attorney....this MC will not do this for us...last MC did file the liens for $20....We have no extra money for this...some have been left w/o any action until they are nearly $3,000...HO's were never sent any collection policy because one was never formed.

Now, I don't think I am trying to be a "KNOW IT ALL" but I have read the CC&R's and FLSS-720 many many times and are on this and other sites every day. Sorry but I feel all the above complaints are a big deal(not nitpicking) and my calling the Board on these things was/is now making me a trouble maker, harrasser or any of the many names I have been called....I have never been a HO who just sits back and looks for things to complain about...It was I who went to the first MC after take over and for 3 hours went through files, coping the ones I thought important...It was I who met w/the landscaper, the Lake doctor to go over their contract, to discuss any changes we may want to make....It was my husband and I who pruned the many trees, weeded the planting beds on many occasion, paid to have the swing repaired...so I gave my community everything I could...About the "monkey wrench", it was thrown only where it was deserved....You also mentioned nitpicking "UNPAID VOLUNTEERS"...the Board members knew this before they "volunteered" If they can't fine the time to learn the CC&R's & SS then they should not except the job. The Association and the HO's have placed their trust in this Board to be the keeper of their investment, keep the HO's informed and to learn and follow the rules of law.

KirkW1 (Texas)
Posts: 1,665

Posted:

Quote:

Posted By DJ1 on 06/18/2008 8:56 AM
It is a little disconcerting (but human nature) that members here promote a retaliatory response to a homeowner who was within her right to request to see association records.

DJ,

My response was not because someone asked to see records they are within their rights to see. My response was in relation to someone who at least appears to be out to stir up trouble. The PM asking what she wanted to see is reasonable as it would allow him to prepare those documents. And having an appointment is also reasonable. But when the owner fails to show up and then claims it didn't say AM or PM that is unreasonable. Especially when the letter said in the morning. Either way, a phone call could have resolved the confusion assuming there really was.

I think those are the things that caused people to push back (including the original poster.

SidneyP (Florida)
Posts: 302

Posted:

Ellen....it wasn't my case, it was never mentioned....they JUST DON'T handle HO Association's....as soon as HO Association was mentioned the conversation was over....

DJ1 (Ontario)
Posts: 798

Posted:

Kirk, the point you quoted I was referring to the suggestion to photocopy and bill her when she has only requested to see documents, as permitted in the legislation. Being punitive isn't the solution and could backfire.

The point you previously made that she may not want to give a heads up on what she is looking for is sufficient reason, although one isn't needed, for not disclosing what she is looking for.

DonnaS (Tennessee)
Posts: 5,671

Posted:

DJ,
Annas Association has complied with State requirements to accomodate the request for viewing the documents. The woman who has requested inspection did not reply to that which the Board had set up for her to view the documents. It is NOT the Board or P.Ms duty to chase her down. Secondly, she has not indicated what she wants to see, and that alone is NOT proper procedure unless she want to sit for days to read all of the documents. The Statute states that the BOARD may establish time and place for the request. Here again, the woman has not followed that part.

Boards basically, Boards do the best that they can and us Board members know how much is involved in trying to run our Associations. There are troublemakers who will question every move that we make. There are non complyers who think that they are being picked on and there are just plain nosy folks who think that they should know everything. Do Boards get frustrated and want to just throw in the towels? You bet they do but the normal reaction is to just do the work and hope for the best.

Does this woman need a reason to review or copy the documents? According to the Statutes--NO-- but when she postured herself for a fight, what else would you expect from the Board and P.M? I take offense that you are nit picking this situation to the point that you are. Walk in the shoes of a Board member with some association members always playing cops against the Board and you would ease up on looking for the "magic word" to start an altercation.

DJ1 (Ontario)
Posts: 798

Posted:

Donna,

I have not questioned nor do I disagree with these comments,

1)Boards do the best that they can, (majority)
2)There are troublemakers who will question every move that we make. (not everyone who questions is a troublemaker though)
3) It is NOT the Board or P.Ms duty to chase her down.

You seem to miss things I said like,

1)Begrudgingly fulfilling ones volunteer responsibilities is also not what the position entails, NOR DOES IT INVOLVE BEING ABUSED BY MEMBERS

I do disgree with you that,

1)she has not indicated what she wants to see, and that alone is NOT proper procedure

Who's procedure? Not in the legislation you posted and Anna hasn't indicated they have a procedure (which they are entitled to establish under the legislation).

I'm simply saying step back, try to de-escalate the situation and possibly avoid unnecessary costs to the association. I'm not going to assume the situation didn't escalate because of misunderstanding between the parties. Anna in all likelihood is correct HOWEVER I'd want to be as sure as possible that I did everything possible to give the lady the access she wants for whatever reason she wants it.

It isn't about who is right and who is wrong, even a wronged person can make the first move to de-escalate a situation. It isn't your 'job' to do so but then the volunteering mentality is to do good and provide a benefit to others. No?

LaverneB (Florida)
Posts: 129

Posted:

There is one in every community!!These people do nothing for the HOA just look for things. I am the President of our HOA and the firist woman so don't give up. Ignore them. They hate that!! Also if you think this is a "threat" you may have a case.Throw that back at her. But, nicely...........Good Luck Fl

BobT2 (California)
Posts: 43

Posted:

It would be easy and the right thing to do to set up a time via certified mail. Meet with her and act adult in thought and words to settle this. After all she is entitled to see the records. It is part of the board's duty to show them to her. Then it does not look like the board or more so the PM is trying to hide anything from her. Show her the records ASAP with a big smile.

AnnaD2 (Florida)
Posts: 960

Posted:

It's never ending. Now there is a petition circulating to recall the entire board for get this: ALLOWING OUR INSURANCE TO LAPSE. Which it did not. It's the same group of disgruntled former board members. They happened to sit down before our last board meeting while our board president, P.M. and insurance agent were wrapping up THEIR little meeting to sign our insurance forms. "They" heard our insurance agent joke that the insurance had lapsed, and the three people "involved" in the insurance meeting had a laugh about it. But being true to form, "THE OTHERS" took the information and ran with it. They've been telling members that the board was negligent in allowing the insurance to lapse and that they're recalling the entire board for it.

As soon as I got wind of this false rumor I contacted the insurance agent and he confirmed that he paid the insurance premium and our association reimbursed him, all within the time frame to have coverage. Yet because of these people I had to take another two hours out of my day to write up and deliver to every door a confirmation that that rumor is FALSE and that we're up to date on everything.

There has got to be SOME WAY to stop people like this who have no business spreading false rumors from hearsay. It's exasperating trying to explain the actions of every, single thing the Board does. Most of it is day-to-day business that the board was elected to take care of---so the rest of the association doesn't have to worry about it. Yet these few think THEY should have a say in what goes on daily. A board cannot function property or efficiently with people like this.

DJ1 (Ontario)
Posts: 798

Posted:

So it sounds like there is ALOT more going on here that just one women with an axe to grind. The more communication and openess probably the better.

Here's an oxymoron for you, "I'm a volunteer I don't have time for this!"

EllenS1 (Florida)
Posts: 1,148

Posted:

SidneyP,

Most attorneys who do not specialize in a certain area would be happy to refer you to one who does. That was one reason I felt they didn't think you had a case.

AnnaD2 (Florida)
Posts: 960

Posted:

Donna, thank you again, and again and again, for putting out there the message we're trying to say. You have the ability to say what most of us are thinking! You really have a way with words. YOU have walked in our shoes and those are the people we will heed.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thank You Anna,
I cannot sweet talk when it comes to what I feel is right and I will be at my worst when someone starts to nit pick at nothings. Especially here when we get non Board members who want to get out of trouble that their ignorances have caused. I will always be pro Board and when any Board deserves a tongue lashing, I will be first in line to give it to them. I am not always right but I try to be morally good and hopefully have the experiences to back up my judgements.

DonnaS (Tennessee)
Posts: 5,671

Posted:

DJ,
Love the oxymoron

SidneyP (Florida)
Posts: 302

Posted:

Ellen....well they didn't because we never even got that far in conversation...Did you read my post listing all the things the Board has done wrong (this was only part of our problems), these were/are serious acts, when going against the State and Federal government and actions that harm community and HO's...All of the things they have done was "knowingly and willingly"...they had to know it was wrong, at least you'd thing so out of five Board members one of them plus the MC would have read the CC&R's and SS-720 and know how to fill out the IRS tax form...IMO, the community will never recover financially w/o a large assessment increase or a "Special Assessment". This would not have been necessary had the Board done their job. As I have said in other post, this President has appointed all the Board members and she rules, what ever she says they agree on...The treasurer just resigned in March because of her actions (the treasurer wasn't allowed to work the budget, the President did, the treasurer had nothing to do w/the taxes, the President did) All of her duties were taken over by the President and the MC. She quit and I stepped in but we all know one person can't make a difference. The very most I can do is call them on the harm they are doing to our community. I don't set quietly by, I have learned my duties and I intend to follow them. Doing this places me in the trouble maker role...The very few (7/8 HO's that show up to meeting) HO's that actually live there, begged me to get back on the Board but none of them will step up to the plate and help.....Besides all the community harm, I have gone through must personal harrassment and name calling. I have been placed on the selective enforcement list...I was put through hxxl trying to get my fence approved, when we have others (VP for one) who never got approvals at all. Three days ago, I went to the TH to water and plant some flowers. The yearly contracted termite man was there doing our building. I was the only one that was not notified he was coming, I never got notification.

Reguardless of what you think, I am not a nitpicker and look for every little fault the Board may make. I (we/husband) have done more for the community then all the Board members put together...This TH is an investment for me and if I have to I will continue to point out their many illegal acts. If you don't think those things I have listed are important to the welfare of the community then I don't know what you thing is.

If you think it's easy to find an attorney to handle a single HO in a suit, please find one for me. One that will at least give me a chance to state my case. If he would tell me, I have no case, then the CC&R's, SS, IRS and this site has no meaning. The post on this site want to know how to handle dog poop, a simple sign in the yard, a tree planted in the wrong place, a car not parked in the garage, etc...how can these things be important if the taking from Reserves, not funding Reserves, paying taxes late, not filing on vendors, raising due w/o notice and so on and so on (read the post below) If these things aren't cause for a law suite then I don't know what is.

EllenS1 (Florida)
Posts: 1,148

Posted:

Sidney,

Contact the Florida Bar in Tallahassee for a reference to an attorney and if a Management Company is causing you problems contact the DPR in Florida.

MaryN (Virginia)
Posts: 125

Posted:

Sidney,

I know how difficult it is to find an attorney to represent a HO. We searched for over 6 months..and finally found a CAI attorney who talked to me on the phone, reviewed all of our controlling legal documents and took our case. His firm is representing us(several HO's)and we are going to court. It's taken almost a year since we began this legal journey..we feel confident. His firm deals with nothing but HOA's and he understands the statutes. Search around on the CAI sites and see if you can find someone in your area. Good luck..it takes money and courage proceed in the legal direction. Keep us posted.
MaryN

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