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By CondoAssociation.com • December 13, 2017

Condo association legal questions

Owners received a form notice from BOD - mailed from our management company- requesting shareholder's to fill out and allow Board members to change rules as written in Association's documented Declaration. The declaration RULE stipulates " a 2/3 approval vote from owners for any change-alter-transfer of property is REQUIRED before any rules can be changed as is written in our declaration . This rule is for shareholders protection against board's eligibility from making changes to the documented rules as so written.

Declaration states: "BOARD OF DIRECTORS CAN NOT CHANGE - ALTER - TRANSFER PROPERTY WITHOUT APPROVAL VOTE FROM 2/3 OF SHAREHOLDERS"
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> It should be clearly noted that this Board of Directors -since taking office, with disregard to shareholders emails, continual complaints, and objections, to NON ENFORCEMENT of RULES, NOT FOLLOWING WRITTEN RULES from the Declaration. There has never been the REQUIRED 2/3 VOTE offered to shareholders giving permission to allow the Declaration rules be "changed/altered/transferred".
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> Only since the writer of this email has sent correspondence to the owner of the association's management company, the association's Property Manager, the attorney representing our association, informing all that they are responsible as to BREACH OF NOT CONFORMING to shareholders contract of our declaration , BREACH as to NOT ENFORCING GOVERNING RULES - BREACH as to NOT PROVIDING written CERTIFIED REQUESTS for ASSOCIATION'S OFFICIAL RECORDS - that went unresponsive and denied.
Since the Board, management, Property Manager and the association's LEGAL COUNSEL, had been advised of their being in BREACH of the contract between shareholders and the above mentioned directors, this board sent out form letter asking members to agree to allow Board to make changes to declaration's rules.

WHY, after voluminous and continually pleas to all of the mentioned Fiduciary Directors, who have FAILED in their duty and responsibility to follow and enforce association's rules, the Florida Statues, and,NOT offer the required 2/3 approval vote, to make changes to governing rules, while all along the board went ahead and changed, rearranged, altered, disregarded rules, avoided association's rules, and went according to what THE BOARD DECIDED TO ABIDE - C O N T R A R Y. TO D O C U M E N T E D
A S S O C I A T I O N S C O U R T. F I L E D. R U L E S

WHY after breaking and not following the laws and rules does this Board of Directors NOW ask for shareholders approval. Vote - giving the Board permission to change - alter - transfer property - when the board has already changed. Altered and transferred property?

Could it be based on the facts of what has already transpired by the board's actions, as to the outlined BREACH COMMITTED, and the board's attempt to cover up their knowingly, intentional and willful acts of non compliance to the fiduciary responsibility and duty as their oath taken to provide.

Ignorance can no longer be used to hide behind as my data sent to BOD can be obtained from floor to ceiling and wall to wall in my condo unit - and willingly provided as evidence to substantiate my statements of FACTS.

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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