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Is former condo president trespassing on new owners property?

Posted on Fri, Sep 07, 2012 @ 09:21 AM
  
  
  
  

I bought out our previous President of our Board of Directors after she left office. I've since had to file for an Injunction for Protection because this woman has had my electric turned off twice. I've presented the Injunction to our Property Manager and a Board Member and they refuse to recognize it or stop the person from coming on the property even though she is no longer an owner or even a resident of the State of Florida. I tried giving them a copy of the injunction but they wanted the one that I have to keep with me. The Property Manager has had my caretaker's car ticketed and I've started getting letters over non-existent infractions. I don't know what to do. Help.

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COMMENTS

Oh, come on. What's the real story? Call the Ombudsman office at 800-226-9101 and they'll clear this up.

posted @ Friday, September 07, 2012 9:51 AM by marjon


Contact the attorney who represents the community association; tell the attorney what is going on. The state of Florida has a consumer complaint board file with the HOA division against the board. File charges of harassment on what the board is doing. It behooves me that just because people hold a position on the board give them the right to make up the rules as they go along. Harassment charges should be filed against your board members. I live in New Jersey but I did own a condo in Florida also and I know how these people work. I myself and on a board now but just got voted in the other board members are leaving me out on every major decision and are friends with the property management company. They don’t even answerer my emails plus the property manager has chased me down the street harassing me. Justice will prevail.

posted @ Friday, September 07, 2012 9:53 AM by ladypf


.Whoever wrote the first comment, I bet your a board member also, maybe even on that poor person board as a director. What’s the real story come on what kind of a remark is that.

posted @ Friday, September 07, 2012 9:57 AM by ladypf


Our building had the same issue with our Florida condo association. We filed a police incident report everytime the former President came on the property. He was ultimately confronted by the police and issued a no respass warning. The police took his property keys and returned them to the management company representative. He has not returned. We have since changed the locks in the common area (we have a small building) and placed notice in the bulletin board to contact the police department if he is seen on the property. We have been fortunate to have a good relationship with our local police department. Good Luck!

posted @ Friday, September 07, 2012 10:01 AM by Jay


The real story is as stated. I've an injunction for protection but a BOD member & our Property Manager are friends with her. Since I wrote the above my emergency key has disappeared from the office and I'm being told they never received it. I had too change all my locks. I'm 56yo, disabled & need advice not ugly comments. I just want some help and never having lived where there was a BOD before I don't know what to do.

posted @ Friday, September 07, 2012 10:18 AM by Renee E Hughes


Based on your description, this is primarily a civil matter and secondarily a HOA matter. 
 
You have done your due diligence by notifying the HOA. I believe, though not certain, that you could get a certified copy of the injunction to present to them. What the HOA does prior to or after receiving that copy is up to them, though "should they choose poorly" it could expose the HOA to litigation not just by you but other's as well because it affects their security. 
 
Jay is correct, the best course of action is to engage the local authorities. Now if the individual is turning off your electric, that is a definite criminal act. 
 
As far as the HOA, document everything, with photos. A letter to them from an attorney indicating potential litigation for their actions should stop the harassment. Stop sending the HOA emails, in most states that is not an official form of notification, first class mail is. Ensure that you have a witness to your actually mailing a letter to the HOA, or just have an attorney do it.

posted @ Friday, September 07, 2012 10:30 AM by Ron


Renee. Seems if you have a protection order you can call the police as Jay suggested. Please do not contact an attorney until you have tried other avenues; will cost you $$$$$. And if Florida does have a HOA complaint board, by all means contact them next. 
 
 
 
marjon. Having a bad day? Kinda tough remark. 
 
 
 
lady pf: You're kinds tough too. In the reverse direction.  
 
 
 
Why is it that so many people who reply to these blogs are so angry at and suspicious of boards of directors? And why do so many instantly suggest folks go hire a lawyer? Most of the questions can be answered by referring folks to their governing documents. And most of those griping about their board of directors are n ot clear enough or leave something out of their question that leads one to wonder what the real facts are.

posted @ Friday, September 07, 2012 10:46 AM by R


Send all correspondence to the HOA by certfied mail with return receipt. No witnesses needed.

posted @ Friday, September 07, 2012 10:49 AM by Dan


She is no longer an owner and she is trespassing! Do you really need an answer from your board or this forum for someone that is trespassing? CALL THE POLICE! DOH!

posted @ Friday, September 07, 2012 11:07 AM by Victor


Yes.....a protection order is just that.......protection from people like that.....call the police, she/he is trespassing on your property. And if your electric was in her/his name then they had Right to shut it off. But if it was in your name only, how did they do that? Either or I don't care to know the real story as others may have stated, call the police and let them settle it. Most courts that provide protection orders, a copy is suppose to go to your local police department , one to the other party and one to you automatically. I know I had one on my x-husband , and if they don't have one then you need to go back to the courts and have THEM send it to them. FYI the other person should have gotten their copy also and should know better. There is also harassment charges you can file on them.Lawyers cost money, just make a trip to your courthouse and they will help you get this straightened out. And also carry the protection order on you at all times. This will prevent hold ups in the future. 
I would also ask the court if they can serve one on the association as well, not sure if they will do that, this is probably why they won't do anything. This is a domestic dispute. But ask anyways. 
Good luck. Have a nice day. 

posted @ Friday, September 07, 2012 11:38 AM by S


Since you are disabled, there are even more laws to protect you. This person is violating the law and harrassing you. Make a copy of the one you have with you for them, and mail it to them via registered mail. Contact your home agency for the disabled,for further advise. Call the police every time this person shows up at your door. Make sure your electric bill has been transferred to your name. If not do so, and see if you can ask for a password known only to you and the electric co. before any changes can be made for this service. Good fortune, this person does not seem to be playing with a full deck. You might want to check with the court to see if your injunction can be strengthened.

posted @ Friday, September 07, 2012 12:13 PM by serola


I didn't read all the many comments so maybe someone else asked this same question: ?How can you "buy" an election from the previous President? Board of Directors are "voted" in or out... not "bought" in or out... somethings very wrong there!

posted @ Friday, September 07, 2012 1:20 PM by KELLI2L


"Why are so many people so suspicious of Boards of Directors?" 
 
First: Most BODs are made up of honest people who are trying to do a somewhat difficult job. A few BODs think they are above the law, which is evidently the case here. These "Outlaw" BODS can and should be sued until they understand the limits to their authority. There are attorneys who know how to do this. You have to find them. We have legal rights in this country, but we have to stand up and fight for them or lose them.  
 

posted @ Friday, September 07, 2012 1:31 PM by Don


KELLI2L: Re read the original post. He means he bought the previous Pres. unit not the presidency

posted @ Friday, September 07, 2012 1:37 PM by Dan


Don: It's more than just a few BOD's that think they are above the law. That is why this Blog is so heavy with so many suspicious angry people. I've seen more bad BOD's than good in my experience.

posted @ Friday, September 07, 2012 1:40 PM by Dan


It is not trespassing for the former owner to visit her friends (such as the BOD member). On the other hand, the provisions of your Injunction for Protection can be enforced. 
 
Request a hearing with the board for the infractions, which is your right. The board has to listen to your side at a hearing. 
 
I would also request to be put on the agenda of the next board meeting to review the situation with the whole board. Introduce yourself and get to know your neighbors on the board. Tell them your story. If you don't, then the board only has the recommendations of others. Go make some friends.  

posted @ Saturday, September 08, 2012 1:10 AM by JT


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