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Subject: Decision Making by the President
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Author Messages
NattyM
(Florida)

Posts:1


06/14/2020 9:59 AM  
Our condominium currently has 138 units and the president makes all the decision alone because the other board members are scared to speak up.

The president made the decision to change our lobby key and charge us $100.00 for each key. If you are married and your wife or husband name is not on the deed you will not receive a key. I have never heard of this before is this legal.

The President made the decision alone to build safety arms in the parking lot. What can the unit owners do to stop this since a vote was not cast by the board member to approve the safety arms and the building manager refuse to give us the minutes for the meeting.

We have a 50 year recertification and the city has citied us for a number of violations and I understand this needs to be taken care of. We collect over $1million in maintenance fees a year and the board members want to do a special assessment of $10,000-$6,000. for each unit. Where is all our maintenance money going I ask for a detailed copy of the financial statement for 2019 and it looks like the building manger put it together without a break down of all expense. Can someone tell me in Florida is it required to have a reserve fund and every year shouldn't the owners get a copy of the financial statement which was prepared by the accountant.
MelissaP1
(Alabama)

Posts:9413


06/14/2020 12:00 PM  
I think your assigning what the board is doing. You ASSUME they are "Scared". That may not be the case at all. They just may be apathetic or agree with the President. It's your assumption they are "scared" to speak up.

It does make sense to charge money for a key copy to someone that is NOT a member. You don't want them floating around to strangers. So not sure if see an issue there.

The special assessment may be needed to cover the costs. Is this a capital improvement or a repair? Whichever it is, that is the budget it comes out of. Repair may need special assessment. Capital is for a long term maintenance issue that know will need replaced like roofs.

When are you asking for the meeting notes? It may take a month after the meeting for them to be approved. Depending on how often you have meetings. The meetings have to be approved at the next meeting.

Make sure you under the process and procedures before assuming not being followed,

Former HOA President
SheliaH
(Indiana)

Posts:3307


06/14/2020 12:30 PM  
How many homeowners are in your community? I imagine they easily outnumber the current board by a comfortable margun, so why haven't the rest of you voted all of them out? One person can't dominate like this unless the majority allow it - or don't care.

Check your documents to see what it says about board member removal. In most cases, a Board mmm ember leaves when he/she is voted out in the next election or by a recall vote of the homeowners during a special meeting, or the person resigns. You will likely need to present the board with a petition signed by a certain percentage of people to compel them to call the meeting. This isn't something you can d o alone, so find some like-minded people and get to work.

You will also need people to be willing to step up and take over those spots (and you might need to be one of them). Association business must continue to be addressed, so be sure you can find good people willing to work and learn how to do things properly.

Now to your questions. Regarding the key, you'll have to check with your private attorney on legal questions because most of us aren't lawyers. Especially if the key system has been changed - you might be able to change the net system back, but if a contract has been sifned, that may cost the association money to cancel if. If there was no official board vote, I'd look to hold all the board members financially responsible for it. This also applies to the parking arm question.

By the way, parking arms are often used to reduce unauthorized people from parking in the lot and limiting space for the residents. If that's been a problem and you don't like this appr, you need to come up with something else.

I'm not in Florida, but I seem to remember seeing me one saying Florida HOAs could vote to make reserve funds optional. I'm sure some Florida posters will speak to that. Regarding the financial statements, the homeowner can blast that out of the current board during the special meeting. If you get a new board, commission an audit of the books to see if there are other unauthorized expenses.

As a practical matter, I understand limiting the lobby key to homeowners only, but if you're married, it makes sense to ensure the spouse has a key. All you need to do is provide 2 keys per household. Limit extras to household members only and charge a fee. I would also limit the number of extras per household and require all keys to be turned to the association when the unit is sold.




CathyA3
(Ohio)

Posts:1077


06/14/2020 12:37 PM  
Re: spouses not on the deed, Florida may be different, but in my state someone who is legally married to the person whose name is on the deed is considered an owner, whether or not both names are on the deed. But they must be legally married - domestic partners or non-spousal family members are not owners.
KerryL1
(California)

Posts:7333


06/14/2020 2:12 PM  
With Sheila, Nattty, it sound like your owners need to unify to get rid of this lazy or irrepsobsilbe board that lets the Prez do whatever they wish..

Is your property manager certified in any way? Does s/he work for a management company?
GenoS
(Florida)

Posts:3867


06/14/2020 2:18 PM  
FS 718.111(13) says,

"An association with total annual revenues of $500,000 or more shall prepare audited financial statements."

It goes on to say that the only way to NOT do an audit is with the approval of a majority of voting interests at a members meeting. Such a meeting must occur before the end of the fiscal year and such a vote is only valid for once fiscal year.

Note that the DPBR issued it's own Executive Order earlier this year that relieved condos from their obligation to timely have the audit done. That EO has since been lifted so you'd need to read up on that to be sure of the timeframe in which the audit and its results need to be published.

Although an association is required to mail-or hand-deliver a copy of the annual financial report to all unit owners, they may alternatively give notice that a copy of the report is available, at no charge to the unit owner, upon written request. To be safe, I'd make such a request in writing and send it certified mail return-reciept requested. If they don't provide you with a written copy of the report within 5 business days after receiving your request, you can complain to the state's DBPR and they will take action in short order. It's unusual to get them to do anything so fast, but it reflects the importance that the state puts on making financial information available to unit owners (and homeowners if in an HOA). Read FS 718.111(13) FINANCIAL REPORTING and make yourself aware of exactly what they must do and when.
MarkW18


Posts:1195


06/14/2020 3:21 PM  
Posted By CathyA3 on 06/14/2020 12:37 PM
Re: spouses not on the deed, Florida may be different, but in my state someone who is legally married to the person whose name is on the deed is considered an owner, whether or not both names are on the deed. But they must be legally married - domestic partners or non-spousal family members are not owners.



Is the non-titled individual responsible for the debt?
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