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When HOA rules are not enforced

What is the management suppose to do when shareholders complain the Governing Rules are NOT BEING ENFORCED?

Obviously the BOD has breached their duty and responsibility to shareholders inasmuch as not seeing that management company enforces the rules - as is the Board's obligation to members and residents - what is the responsibility of our management company in this case? The management company is under contract to ENFORCE COVERING RULES?

Governing your condo association or HOA

What responsibility or action should our association's management company take when shareholder's continuing complaints to ENFORCE GOVERNING RULES - BYLAWS - RULES & REGULATIONS - FLORIDA STATUES are I. G. N. O. R. E. D and complaints fall on deaf ears. This includes contacting the representing attorney for the association who replies as:


Our Building Property Manager replied to my last complaint as.:

"the management company: "takes orders/directions from the BOARD OF DIRECTORS".

What is the protocol the our management company to do when they have BREACHED the CONTRACT with my Association as to carry our and enforce ALL ASSOCIATION'S LAWs & RULES when've their excuse is : " THE BOARD DID NOT DIRECT ME TO DO SO???


This is for the representing counsel of our association - as to the rules that are unattended - not enforced - carried out - not abided- ignored- broken -

.. Missing unit numbers as required in the concrete slabs to identify ASSIGNED/RESERVED PARKING (blank slabs)

.. ASSIGNED parking not observed as to Declaration Exhibit "A" page 296 (Vice President belongs in spot 401 and picked prime location right in front of our building - the V.P. Of fiduciary responsibility entrusted to enforce laws - not break them)

.. NO early move-in to unit prior to owner living in unit for 12 months (105-206-208-209-304-506-601-602-604-701 -all early move in and some not screened/background check)

.. ALL cars to display Decal to be placed in car windshield (to signify passenger has been approved to reside in community - and allow residence to feel some sort of security)

..HANDICAP PARKING (3 spaces) (70 units plus need for visitors)

INSTRUCTIONS POSTED to all residents by Board of Directors:
"These spaces are designated for TEMPORARY use for the handicap for unloading, drop off, and for handicap visitors. these areas ARE NOT TO. BE CONSIDERED AS PERMANENT PARKING AREAS, and NOT TO BE USED FOR OVERNIGHT PARKING".

The Board and Management have breached this utmost important rule and have allowed the same two cars to use the same two handicap spots 24/7 INCLUDING OVERNIGHT as if, these two spaces were their own private space!

..Board of Directors have allowed ONE investor to purchase SIX (6) units all in our one building and turned our association into a FIFTY (50) PERCENT RATIO of RENTALS

Board of Directors purchased unit 308 - and rented out (renter had a dog - against rules (note: thus dog was not a need for therapy/service- emotional needs )

Board of Directors allowed person to move into unit 508 emotional needs

Board of Directors allowed owner of unit 208 to sell to investor - (the same investor as owning the other 6 units) owner received a buy out price in the amount of $115,00 but,,,,,,,,, thus owner REMAINED IN UNIT 208 for ANOTHER 11 months - the board worked it out to have this owner PAY THE MONTHLY MAINTENANCE FEES directly to the management company and listed the owner's name in the lobby directory as OWNER to hide and cover up to shareholders the Board of Director's

..i often think of how this attorney who writes: " THE BOD IS Following ALL ASSOCIATION'S RULES ", how she could possibly defend these out right BREACHES to the Association, the shareholders and have defrauded their duty and responsibility as to their fiduciary oath taken.

Question: What is the responsibility of our management company who has a CONTRACT with the Association (the shareholders are the Association) that works for a Board of Directors who do not follow our laws themselves - and who do not dictate to management to ENFORCE THE ASSOCIATION'S RULES and LAWS OF THE STATE?

Thank you for your response, much appreciated.

Old condo association with old laws needs updating

Here is a question that I hope someone can explain to me. First of all the developer just turned over our HOA to the 32 unit condo complex. The complex has 4 buildings with 8 units in each building, 4 upper and 4 lower. The first owners meeting with less than half of the owners attending selected a six member board including the president. I don't know how we decided on 6 when it should have an uneven number. Actually we had no idea what was needed to form a HOA so we selected the first 6 members who volunteered, I think we rushed into this important selection. The new board did nothing to update the covenants and bylaws. The board decided to be governed by the contractors set of rules and didn't even provide copies of them to each board member.  Please let me explain, the bylaws were written as a construction plan and included samples of the construction materials. the single head of the HOA was the contractor giving him absolute control of the association. The covenants were confusing with little information on how the rules applied to each situation, the rules would say one thing and contradict itself in another chapter. No effort was given to explain how to set up a new HOA, it was a case of the blind leading the blind. The president we selected decided he would rule by his interpretation  of what the contractors had recorded in the county records office.

Condo owner pays twice to remove old water heater

Hey guys, I have been a subscriber here for some time, and now I have a question maybe you all can please help me with! The situation is this: a co-owner had their water heater replaced, and the plumber left the old unit outside of their unit. These are quad buildings, with 4 townhouse-style units per building,each with 2 floors and basement, front porch, and some have decks. The co-owner had pre-paid the contractor to remove the old heater, but when they returned a few days later to haul it away, found that a board member had summarily had our trash person haul it away, and billed the owner to do this. The owner was not notified or given the chance to have it removed themselves. I am also on the Board and feel that the owner should have had the courtesy of a letter, phone call, or even knock on the door, saying "hey, please remove this old water heater or else the association will do so and bill you". Naturally the owner is upset and I am working with her to resolve this.

Living in our association with unenforceable rules

I have been residing in my condo association for 20 years, The present Board of Directors is the worst, unethical, members the association ever experienced.as our Governing Documents are not being enforced- regardless of correspondences sent to management- Board of Directors and even from the association's representing attorney, whose main responsibility is to prevent wrong-doings and to see that shareholders GOVERNING Documents are enforced. Since this board is in office, we have a 50% rental ratio - 6 units are of snow-birds - out of 70 units. 


We have two families living in a 2 bedroom condo in our association

I live in a condo in Florida. Recently, our condo association rented out a 2 bedroom 2 bath unit. There are 2 family's living there which our management company said was approved by our board. The answer we got was it was special this unit was in foreclosure and is owned by an investment group. What can we do about this type of situation?

Our board changing the rules and regulations

Our HOA board  has changed around our bylaws. The HOA manager and board say they have the right to do it. But its the rules and regulation that they are changing. What is the difference between the bylaws and the rules and regulation? They also said they can change anything, that they do not need a vote by the co-owners.

How do you enforce condo association rules?

How do other Associations enforce rules for frequent offenders. Our Trust states a low $20 / day max fine (Should that be increased) but then at the end of the sections states that we may require a unit owner to post a bond to secure adherence to the rules if they are not complying. I am assuming this is a Surety Bond, but not sure what the category this falls in, the process and documentation needed to claim on it, and have others found it helpful or a pitfall. Owner is an absentee owner who is leasing the unit out and typical of what many get when a unit owner is a landlord. All associations have issues, but ours has actually been relatively quiet and friendly for most part, so first time really dealing with nuisance.

Must all HOA rules be established in the bylaws?

Are the rules and regulations of a homeowners association required to be included in the bylaws document or can the board vote on establishing rules such as all pets must be on leash when outside of the owner's condo and not allowing long term parking of RV's, boats, etc., in driveways and private streets belonging to the association? Our homeowners association is in the state of Iowa.

Who's rule counts: the city or HOA?

If the city and building department give an owner of a house of an HOA the permits of extending his drive way 20 ft when the HOA authorizes only 18 ft, is the city and building department above the HOA ?

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