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Subject: Filing a complaint with the State- Florida
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Author Messages
SteveP5
(Florida)

Posts:50


05/08/2009 5:53 AM  
I hear people saying that they are filing complaints with the State in regards to actions the BOD are taking but I'm not sure where to even file such a complaint or if that is the right way to start when it comes to turning over the BOD.

Don't know if anybody is paying attention to my little problem but as I suspected the new president stopped the foreclosure sale that was scheduled for today.

The unit owner was foreclosed on and given 90 days to pay by the court. The sale of her property was supposed to be today, but as the new president (been on BOD one month) can stop the foreclosure sale he did just that.
The unit owner is his friend.

we are now outstanding for almost 3 years of dues on that unit and the owner is still not paying her dues.
For the last three years we have paid increased dues to compensate so I'm PO'd
about the whole thing. might not sound like a big problem but we only have seven units and one unit not paying up is a big deal to us.

MaryA1


Posts:0


05/08/2009 6:16 AM  
Steve,

Actually there's nothing you can do about this, IF it was a board action and not just an action taken by the Pres. If the latter, then the remainder of the board members should be causing a ruckus as the Pres has no authority to act alone. The Pres is only one member of the board and can be removed from his officer position by a vote of the other board members. If I was a member of this board, I certainly would NOT put up with this, whether the Pres was my friend or not!
SteveP5
(Florida)

Posts:50


05/08/2009 6:38 AM  
Hi Mary
well unfortunately the problem we have is that the other two on the BOD will not act against the president. and the friend who has just been given free license to live in our Associations free of charge will not vote against the president either so, the "Good guys" are outnumbered by one vote. I'm up against a cronies organization here.

I spoke to the Management Company that the current BOD fired and they leaked me some information showing that out current president is again over 60 days late on his dues but as nobody on the BOD will do anything against him he gets away with it while he...the president is attempting to collect Fines and fees from us for bogus assessments and increases in same.

MaryA1


Posts:0


05/08/2009 6:45 AM  
Steve,

I'm never one to promote talking about fellow board members and the actions they take but sometimes there is an exception to this rule! I think it may be time for you to start educating your fellow members. These board members, (specially the Pres, (the others "may" change under different leadership)has got to go. IMO, the board members should always set an example -- they shouldn't be delinquent in paying assessments and they shouldn't violate the covenants. In fact some docs even state if a board member is delinquent it's an automatic removal from the board. Check out your bylaws. At any rate, it sounds to me like a recall is in order. Talk to your friends privately and someone other than yourself get the ball rolling on the recall.
AnnJ1
(Florida)

Posts:120


05/08/2009 2:04 PM  
Hi Steve,
Florida oversight of Chapter 718 is under the control of The Division of Florida Condominiums, Timeshares, and Mobile Homes. The Division’s responsibility is to ensure compliance with the provisions of Chapter 718, F.S., and the division’s administrative rules.

Here is a link to the statutes and the Division...
http://www.myflorida.com/dbpr/lsc/statutes.html

Should you wish assistance or wish to report any infractions, the Division is the place to go.
While you are at the link above, take a look at the Administrative Codes and rules in the 92 page pdf document. The file contains 92 pages of codes/rules and penalties for non-compliance by condo associations in regards to Chapter 718. The penalties can be substantial and are categorized into minor and major infractions.
Perhaps, as a supporting document to you when addressing your fellow neighbors, the referenced source here will add to your credability.

Additionally, to address your president's assessment delinquency... Chapter 18 states:
"718.112 (2)
(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law."

Good luck in your quest...
Ann
BrianB
(California)

Posts:2803


05/08/2009 2:36 PM  
Sorry to hear about your problems.. You might check your rules/by-laws for help, MFHOA had a clause that any officer/board member more than 30 days past due with their assessments was automatically removed from the board. Maybe yours has something similar?

If nothing else, knowing the by-laws might help you properly plan a recall petition and election.
DavidH16
(Florida)

Posts:7


05/08/2009 7:13 PM  
Stevep5,

Gov. Crist signed into being the new fs720.

I believe he cleared up your problem very well by entering a clause that
prohibits anyone from serving as a Board member if they are in arrears with dues or assessments.

Makes a good read this new 720.
CarolF
(Florida)

Posts:313


05/09/2009 2:59 AM  
David - I'm not aware of any new 720 that was signed by Gov. Crist in 2009. Are you referring to the bill that was passed recently by the legislature for 718(Condos)?
DonnaS
(Tennessee)

Posts:5671


05/09/2009 7:40 AM  

David,
Could you provide us with a link to the 2009 Statutes 720. The legislation is still in session and I have not been able to find any new 720s' Thanks
SteveP5
(Florida)

Posts:50


05/09/2009 7:49 AM  
Posted By AnnJ1 on 05/08/2009 2:04 PM
Hi Steve,
Florida oversight of Chapter 718 is under the control of The Division of Florida Condominiums, Timeshares, and Mobile Homes. The Division’s responsibility is to ensure compliance with the provisions of Chapter 718, F.S., and the division’s administrative rules.

Here is a link to the statutes and the Division...
http://www.myflorida.com/dbpr/lsc/statutes.html

Should you wish assistance or wish to report any infractions, the Division is the place to go.
While you are at the link above, take a look at the Administrative Codes and rules in the 92 page pdf document. The file contains 92 pages of codes/rules and penalties for non-compliance by condo associations in regards to Chapter 718. The penalties can be substantial and are categorized into minor and major infractions.
Perhaps, as a supporting document to you when addressing your fellow neighbors, the referenced source here will add to your credability.

Additionally, to address your president's assessment delinquency... Chapter 18 states:
"718.112 (2)
(n) Director or officer delinquencies.--A director or officer more than 90 days delinquent in the payment of regular assessments shall be deemed to have abandoned the office, creating a vacancy in the office to be filled according to law."

Good luck in your quest...
Ann




Thank you Ann Great post.
SteveP5
(Florida)

Posts:50


05/09/2009 9:22 AM  
Ummm Ann I'm having a hart time finding the the Administrative Codes and rules.

I found the website but can't find the actual codes and rules with the penalties for non-compliance or the PDF.
I even did a search for it and came up blank.
AnnJ1
(Florida)

Posts:120


05/09/2009 9:49 AM  
Sorry you're having a hard time, Steve...
Link is
http://www.myflorida.com/dbpr/lsc/statutes.html

I hope the attached screenshot will help you.... If it doesn't, when you go to the website above, you will see a list on the right with links to various statutes etc. The link directly beneath the FL 718 statutes, will take you to the Division's administrative codes...
Ann

Attachment: 159495581871.doc

SteveP5
(Florida)

Posts:50


05/09/2009 10:04 AM  
Oh wow I'm dumb today. sorry.
That screen shot was great and I appreciate the time you took doing it.
Steve
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Forums > Homeowner Association > HOA Discussions > Filing a complaint with the State- Florida



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