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By CondoAssociation.com • February 9, 2018

Problems with our HOA governance

As strange as this may appear - here are the facts.

Our Board of Directors have been in office from 2010 - 2018 - reasons as simply as no one wants to volunteer. However, in fairness, this Board has changed our entire community into a 50% rental community out of seventy (70) units, so, the original owners have died, moved into assisted living establishment or in with their children.. Our President since 2010, resides 11 1/2 months out of the year in ANOTHER STATE for all of these years. However, our documented Declaration stipulates as follows:

" The Board of Directors can not alter - change - or transfer property without a 2/3 approval vote from shareholders".

With this knowledge, our Fiduciary Board of Directors have changed, altered, transferred property, switched, rearranged, and refused to enforce documented governing rules as has been brought to their attention repeatedly. Shareholders complaints have fallen on deaf ears and blind eyes to those reported rules not being carried out, followed or enforced. Recently, I sent correspondences to our management company our Property Manager, the representing attorney for our association (whose responsibility and duty is to advise and prevent wrong-doings) and also advised the partner of the legal law firm representing Rolling Hills Golf & Tennis Condominium Association, V11, Davie, Florida 33328.

In my recent correspondences, I informed in great detail, "the BREACH of signed agreement of shareholders" as was required by the association that all residents SIGN & AGREE to follow the association's: Declaration - Rules & Regulations- By-laws- and Convents of the Association". In order to be screened and approved, this was stipulated

A contract is a legally enforceable agreement between parties and both parties are expected to meet their legal obligations. If this fails to occur, a breach of contract lawsuit against the party for grounds of not for filling their obligation, as their failure becomes a "breach of contract" - which is exactly the situation of our Fiduciary Board of Directors and our contracted management company. Our Property Manager responded to my complaint letter stating: "Management takes orders and instructions from the Board of Directors".

Response from Shareholder: " the Reform Bill passed in 2017 states: "no more excuses for management companies as ..... "the Board did not tell me to do that" - Management is responsible for their own obligations, duties, and responsibilities".

Here goes ,,,,,,,,,In our association's Declaration, it stipulates:

"Board of Directors can NOT alter - change - transfer property
Without a 2/3 shareholders approval vote "

This was created to protect owners against boards power - not being involved, in final decisions - not being including, sharing, taking part in, accommodating, encompassing, as Shareholder shareholders are the Associations and should not be shunted, ignored, or discounted from decision making. After all, the shareholders are those that vote in who to elect for the Board of Directors!!

This Board has changed our documented rules from 2010 -2018 WITHOUT EVER PROVIDING or offering a 2/3 approval vote and as contrary to the required vote of 2/3 from shareholders required vote, Now, after I sent redundant letters accusing the Board and management of breach to association's agreement of rules, management sent out two letters requesting shareholders to agree to get approval to change rules. Since there are only THREE (3) members that show up to the two per year meetings this Board schedules, (I have copies of the minutes that provides this info) results in our Vice President went door to door to attempt to get a 2/3 shareholders vote as is required. What the results are, I do not know because my SiX (6) requests for this information was not responded to.

Lastly, does it seen unusual and not legal for a management company to ask shareholders (as requested from the BOD) to vote per mailing out a form letter, when WHAT RULES are being changed - omitted- amended- ? How can a vote be legally accepted when no one knows what is expected -or what they are agreeing to?

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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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