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JimS31 (Florida)
Posts: 1
Posted:
I was a former Board member who has resigned. I would like to question the board and how it operates. It is holding meetings and not posting them 48 hours in advance nor are they keeping minutes of each meeting. A board member was removed from the board and we did not hold a meeting. My understanding according to Florida law you must holding and vote and have minutes to remove board memeber. Also the board does not have all of the Financial records for the past 7 years as required by law. what are my options and steps to file complaints
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Please hold back my laughter.... Not being sarcastic or mean... It is just funny... How do I file a complaint against my neighbors? That is essentially what your asking. Plus 7 years of records? So what? The IRS does not require that long nor can I imagine every record saved. Reality is what you consider records either do not exist or not required as you may think.

A HOa is only run by volunteers who ONLY qualification is to be an owner. You may be seeing the forrest for the trees. Take a breath and step back. Look at what you want as an end result and suggest it. do not make this a drama for drama sake. Have a question have an answer in mind.

Former HOA President
TimB4 (Tennessee)
Posts: 21,044
Posted:
Jim,

As I understand it, expecting that your association is under membership control, your first option is to approach the Board and ask what happened and is the issue corrected. It is possible that the last secretary moved and tossed the records. It's possible that the management company failed to turn the records over. it's possible that the volunteers didn't understand the requirements. Perhaps you could even offer to serve on the Board as Secretary so the records are properly maintained.

Your second option is to gather support and toss the bums out either by a recall or simply not reelecting them. This will also require you to gather volunteers who are willing to serve. Perhaps you will volunteer. This of course will take some time and energy.

Your third option is to consult with a local attorney, perhaps one versed in corporate law, to see what legal options are available. This will likely cost you some money to obtain the legal opinion. You can then decide if you want to invest additional time, money and funds to take legal action. Mind you, any legal action has both intended and unintended consequences.

If you're in a condominium, you may want to contact the State ombudsman office to see if they can assist.

However, you should first approach your Board and see why the issue occurred, what steps have been taken to prevent it from happening again and, in my opinion, offer your time and energy to help solve the problem.

I've lost track of what username Jay is going by now (he has used so many). However, he is fairly knowledgeable of FL statutes and may have other suggestions. If not Jay, there are others from FL that are equally as knowledgeable.
JoK2 (California)
Posts: 198
Posted:
I don't understand, you are a previous board member and you want to know how they operate? Were they following the letter of the law while you were on the board and now they are not?
KevinK7 (Florida)
Posts: 1,343
Posted:
Good luck. While it is my understanding that new laws created a sort of hoa ombudsman, the DBPR has been slow to update our inform on anything. If you want results you will have to hire your own attorney, which will cost a lot of money, and fight your hoa, which undoubtedly had even more money.
ErnestH3 (Florida)
Posts: 2
Posted:
In the Florida it is required ti have seven years of records. You can file a complaint with the State online by going to myflorida and looking up the Department of Regulations.
ErnestH3 (Florida)
Posts: 2
Posted:
The state is often behind but not if it is an issue involving HOA/Condo finances. Last year the Community Assoc/CAMS are now held more responsible as well.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
what are my options and steps to file complaints


Mail a letter to all your neighbors. Beyond that, no one will care.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Even if your state, such as Florida has HOA governance, its weak and understaffed, so I'm sure they only go after the big cases where people are stealing thousands and have a good case.

Reminds me of a story I saw on the federal government testing children's toys for dangers such as lead paint and radioactive metals. Guess how many people they have doing that? Two people. Now think of how many toys that are imported into this country and its anyone's guess how many times the manufacturer changes materials or paints for the same product.

No one can protect you. You need to watch out for yourself.
RwT (Florida)
Posts: 154
Posted:
Florida's DBPR, where HOAs are registered, will only accept HOA Election/Recall dispute complaints.

Any E/R complaints (allegations) must first be Arbitrated through the DBPR before the parties may proceed to the courts.

This WILL take time, effort, and dollars.

Except for allegations of LCAM 'malpractice', ALL OTHER complaints must be handled through the courts exclusively.

* Non-Lawyer spokesperson.

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