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By CondoAssociation.com • October 28, 2017

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. 

Below is a listing of UNENFORCED GOVERNING RULES -that has fallen on board members deaf ears and blind eyes as to redundant and continual complaints - that go unresponsive from our fiduciary Board of Directors.

Knowing the listing of broken rules can be substantiated with evidence of facts, photo's,copies, documents from the Broward County Appraiser's office, photos of missing unit numbers in our private parking lot- as required in each deeded owner's records on page 296 - Exhibit "A" - photo's of cars with missing required decals - assigned parking spaces has been totally disregarded by BOD. To paraphrase from the documents it is stated as: "Board of Directors can NOT alter. Change - or transfer property". - " Any changes REQUIRE 2/3 of shareholders approval vote.
QUESTION:
I will not list at this time all of the broken. UNENFORCED - Governing Documents but have read an article entitled
" Business Judgment Rule , that was created as presumption in favor of Board if Directors, freeing its members from possible liability.and in good faith and honest belief board decisions were made as a result to avoid harm to the association and its members.
If anything should be recognized, it is our fiduciary Board of Directors have to the contrary, knowingly, intentionally, willfully, ignored the rules they were elected to enforce and to protect shareholders residing in our community.
What should be considered by the fiduciary board members is that they have violated , imposed incompetence, displayed negligence and BREACHED the very rules they were to enforce. There is a long and comprehensive data that goes into board members prohibition against self interest. When our governing documents stipulate assigned parking - display decals to represent the driver of the car displaying a decal was indeed screened and approved and the decal conveys this car has the right to park in our association's private residence parking lot.

When the courts are informed that the association's Vice President's deed is assigned to space 401 but contrary to the documents, our V,P. changes the rules elected to enforce, for her own self interest- and parks in a prime spot smack in front of the building Association's director is assigned to space 310 but Director parks in space 402 - against governing documents.
Question: what is the senses of opinions as to the facts that BOD are not carrying out their responsibilities. I dare Report - have FAILED to live up to their responsibility -BREACHED the association's Governing Documents.

In my opinion, there is no Allowance as to giving these Board members the approval to have knowingly-intentionally and willfully behavior as accepted as being under the Business Judgement 2 Rule - guilty as charged as reasons of board members were

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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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