Posted on Mon, Jan 30, 2012 @ 08:04 AM
The following clause has been added to Florida Statute 720 HOA. Can you help with interpretation? Can any member make a motion to cancel a contract at any time in the life of the contract or only at the next regular meeting. The clause has two sentences. The word 'ratified' in the second sentence seems to imply that any motion must be put close to the inception of the contract but the wording does not state this, as does the first sentence.
'Any contract entered into by the board may be canceled by a majority of the voting interests present at the next regular or special meeting of the association, whichever occurs first. Any member may make a motion to cancel such contract, but if no motion is made or if such motion fails to obtain the required vote, the contract shall be deemed ratified for the term expressed therein'
Posted on Fri, Nov 04, 2011 @ 08:36 AM
The Board of Directors has nine seats of which two are vacant. The remaining seven directors are split into two groups. Three directors containing the officers, and four directors. As per the association bylaws a special meeting may be called by the president (or in his absence the VP) or majority of the board members. Likewise Florida Statutes 718.112(2)(d)9 states BOD vacancies may be filled by a majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. The problem is the group of three directors will lose power if the four are allowed to hold a meeting. In order to make sure that a meeting does not take place they refuse to appear at a meeting, preventing a quorum and thus the election of new BOD members. The Association's atty has stated that to hold the meeting a majority constituting a quorum is five which is based upon nine seats and is not reduced by the empty seats. Please any advice is appreciated as the association is unable to conduct any business until a new election in January.
Posted on Fri, Sep 16, 2011 @ 08:01 AM
Are meetings of officers separate from the entire board allowed? I am a homeowner as well as a board member in a HOA of 1500 homes. We have a board of 12 members with 4 officers. The 4 officers have taken it upon themselves to call themselves the "Executive Committee" They meet privately with no notices of the meetings posted and set the agenda items as well as promulgate rules of conduct for the meetings and take up other matters without notice to even the other board members. They have turned down such requests as having an open forum and even allowing anyone to see or have presented a Manager's report. We are in Florida and have a monthly BoD meeting with severely limited discussion allowed on even the agenda items. They are absolutely united in their determination to have no changes made. Is any of this in violation of any Florida statutes or laws, and what remedies can any of you suggest? Thank you in advance.
Posted on Fri, Aug 05, 2011 @ 06:58 AM
I live in a 90 unit Condo Building. We used to have meetings to discuss where our maintenance money goes, etc. Suddenly people lost interest. Somehow one woman got to be president and is very bossy and controlling; seems to make all decisions as to where our maintenance money goes and the choices of people she hires...well, seem less than professional. We got a watered down paint job; the grounds never get taken care of properly; we lost our hedge because she will not listen to any advice at all; now she has someone redoing our pool; we have never had a meeting about any of this. She is always yelling and never has time for any questions. So she is unapproachable. I can't take too much stress, (a long story) so I am guilty of not attending the meetings that we used to have. I guess my first question is: Who can I talk to? I don't have any money to pay an attorney. My second question is: Do I have to pay maintenance fees if I am never informed about how the money is used and I am never given the opportunity to voice my opinion. I don't have proof, but I feel that I am one of few that pay any way. I would really like to see the place taken care of properly. Please is there anyone in my city that I can talk to about this? I sure do not want to get into an actual war here between her and residents. She can be nasty. Perhaps a lawyer could write her a letter informing her of how to deal with residents in a diplomatic way and how to make decisions with the help of others. She wants everyone to bow down to her, but she does not give any respect to anyone. I try to give her respect, hoping that she will rise to deserve it.
Posted on Wed, Jul 20, 2011 @ 06:01 AM
My husband and I are renting a unit in a quiet condo complex. The majority of the owners here are older people who rarely use amenities. My problem lies with our restricted use of the pool. Is the Condo Association allowed to restrict us to zero guests at the pool? They've told us we may use it but that we cannot have any guests (I had tried to bring my younger sisters). Seeing as how the pool is really only used by one person in the entire complex, I don't see a problem with us using it once in a while, especially since we pay the association fees that cover pool maintenance. The association president told me that renters aren't allowed guests in an effort to keep the pool area from being vandalized. (I guess because I happen to prefer renting over ownership, that means I have no respect for common areas or association property.) Are they allowed to do this? Or am I entitled to the same amount of guests as the condo owners? I know several of my neighbors and none of them have a problem with my well-behaved siblings using the amenities when they're in my care.
Posted on Tue, Jul 19, 2011 @ 05:23 AM
Can a Club raise money to put up a tennis building on community property without a resident vote? I know that the use of the property must be approved by a 2/3 vote Now it seems they want to sell bricks with the names of the donor and to also be put around the unapproved tennis building on homeowner association property without community vote?
Posted on Fri, Jul 15, 2011 @ 07:59 AM
Our Condo Association's board has passed rules for the use of our clubhouse that are not in the Rules and Regulations. For instance, one of Rules recently passed by the board limits the number of guests to 4 per unit. The official Rules and Regulations have no such language. If the board sends a violation letter to a unit owner who has brought more than 4 guests, is it enough that this rule is listed in the Board Minutes?
Posted on Tue, Jul 12, 2011 @ 09:04 AM
Our Condo Association has 16 vacant units that are in foreclosure and the owners owe the association substantial sums of money. The Association has liens on the units in question. The owners have just moved out and no longer care for the units. The mortgage foreclosure process is taking 1 to 2 years. The Board wants to get written permission from the absent owners to rent their units and apply the rent toward their debt to the Association. What is the downside to this proposal?
Posted on Mon, Jun 20, 2011 @ 06:18 AM
My mother owns a condo in Seminole, Florida. A few months ago she moved to an assisted living facility as she is 90 years old. I have rented her condo to a friend of hers to cover the monthly association fees. The condo association wants $100 for an application fee (credit check and background check) for the renter. I maintain that renter's financial status is none of there concern as she pays nothing to the association. My mother pays the monthly fee, has paid it for 12 years, is current and has never made a late payment. I have given them a copy of the renter's Drivers License to verify that she is over 55 years of age. Also I have a letter of reference from a local children's services organization stating that this tenant is trustworthy, etc, and has had extensive background checks in order for her to work with children. They insist that we must pay the $100 even though I have given them all the information required and they need to do nothing. When I asked the building president what the $100 was for, she said she "didn't know"! My question is, can they make the tenant leave if they have all the information about her for their office file but we refuse to pay the $100?
Posted on Tue, May 31, 2011 @ 07:40 AM
We started an Owners Group at our Florida condo complex. Since March, when a different Board Member became Secretary, he stopped listing the names of the owners present at Board Meetings. The prior Secretary did list them. Now they're telling us there's no law they have to. This is their way of shutting us out, not wanting owners to know we're there each month. What can we do?