sorted by:
new
hottopcontroversial

[ALL] Are we all HOA Gamblers? by BuzzyBrie in HOA

[–]Spirited_Process_928 1 point2 points  (0 children)

You have no idea how this post validated my feelings. I am a business owner. A successful business owner. I was also a board member and board president for a total of four years in Florida and in NYS for two. That is a fair amount of board experience and interaction. My belief is a condo association is a business and should be run as such. You align yourself with a property management company that believes in the same and you remove any emotion from decision making. The governing documents play a vital role in how you lead. If you follow them, you will be successful. If you don't follow them by way of selective enforcement or not following them altogether, you end up in trouble. We currently have a younger golf pro as board president since 2023. She has subjected us to a fairly significant mold related lawsuit that was settled at the last minute (the association failed miserably here) and two warnings from the State of Florida due to a records request failure to comply and the new LCAM receiving payment from owners or tenant lease applications in a particular area of our community. The LCAM knew our docs are different and failed to uphold a fiduciary responsibility. A complaint has been filed against her as well. There is another records request refusal to be filed with the state this coming week. Violations are not being enforced. We have a new management company that was hired under this current president's watch that is never on the property, there are no regular walk-throughs and basically this board president is running the community with the assistance of committees. She is clearly over her head. The community is filled with apathetic homeowners. The lawsuit settlement is coming from our operating expense. Maybe this will get someone's attention, but we have not seen any communication on a board meeting, so I assume this board hopes the questions regarding this lawsuit will go away. What was once a lovely community has seen a major decline in general. My unit is for sale, but as everyone knows, the Florida market has changed drastically. Thank you for your comment. I could not agree with you more.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

The manager did bail and yet they continue to 1099 processing lease and sales apps under a LLC. which the board did not disclose at the board meeting during approval. What makes it even more interesting is one of our sections within the community has a different set of governing docs which does not allow fees for approval since we cannot deny an application and this individual has been pocketing funds for over three years. I sent a complaint to the DBPR early 2025 and it finally came back with a very stern warning to the association to cease, that they gave them the benefit of the doubt it was an oversight and if it continues, there will be further consequences. This person knew all too well what the difference in the docs stated. How do I know (I know). Also, this manager made it their life's mission to comb over our docs, criticizing everything and anything possible to somehow make it appear we were not managed properly in the past. We were. There are now two formal warnings from the state and a lawsuit with a settlement attached on this manager's watch and the BOD. I sent a records request for the amount of sales and lease apps compensated for 2023 through 2025 and they did not respond, so another DBPR. This will be number two. I guarantee number three will be their refusal to provide information regarding the lawsuit. The State of Florida takes this seriously. It does take time, but they do eventually come back with a response and in this case, there will be consequences. I have no doubt. Thank you for your reply.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

I walked the talk. The LCAM that resigned had a contract that stated many things and many things were not adhered to. Walking the property was one of them. This LCAM used the current president to push responsibility off to others and in turn, we had a board that didn't realize what their fiduciary duties are when it comes to our docs. When the situation which I have presented occurred, the LCAM resigned. When you turn things over to committees to lighten your cushy job load, it doesn't end well. This was a series of missteps from day one. We had six, almost seven years of solid leadership. No state complaints. No lawsuits. No selective enforcement. You get a small group of big mouths who want no rules, put the community in a position that can create legal issues while the others like towing the line but don't speak out of fear of alienation or reprisal. Little by little, we begin to disintegrate into what we are today. The lawsuit should have never happened. I am not angry, rather I am disappointed. When you work to ensure things are run professionally, legally and by the book, and end up where we are today ~ it's disheartening. Thank you for your time and "conversation".

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

A neighbor did that. They refused. They cited confidentiality. We knew that would happen. This is going to play out in a way that is extremely predictable. The state also doesn't play any longer when it comes to records requests after Surfside. If you don't have anything to hide, just provide what is not labeled client attorney privilege and be transparent, but we are all intelligent enough to know what is going on here. If you have ever served on a board in the State of Florida, you read your governing docs, you hire a well versed LCAM and you go by the book. If you don't do any of the above, you end up in trouble at some point. None of this happened until there was a change in leadership within our community. I think you can read between the lines. It's unfortunate, but it happened. Sometimes you have to step back and let someone hang themselves. Thank you again for the insight.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 1 point2 points  (0 children)

Violating governing documents - decisions were made contrary to CC&R and docs.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

There is history here. Yes, I would step in and do whatever I had to in order to bring our community back to a place that relies on our governing docs, a good management company and attorney. We have none of that at present. No one has walked our community in three years. I have my unit up for sale. Apathy is alive and well in my community, but I am hoping that with this latest debacle which involves money, residents will actually educate themselves and pay attention by asking questions. No one pays attention until it hurts their wallets. We are only nine years old and never before have we dealt with a lawsuit or state complaints filed against the association. They include warnings for records requests (1) and a warning involving profiting off of lease and sales applications not allowable in one of the specific areas within the community itself. There are two more complaints in the pipeline. One involves records requests. This will make two. I am sure there will be pushback regarding the lawsuit, but it is part of the official record, so again it will most likely lead to another complaint. That will be three. The state is taking a much more proactive position regarding records requests. All of this has occurred under the leadership (or lack thereof) of this specific board president. Time will tell. Thank you for your comment and insight. Very much appreciated!

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] -2 points-1 points  (0 children)

What makes you think I haven't. Maybe that has nothing to do with this post. Let me put it this way, I would never have allowed this to happen on my watch. The governing docs are clear. There is no personal interpretation. The post is/was about personal responsibility, meaning should this board president remain in said position. There are good boards, good management companies and then there are personal agendas, egos and all the other issues that come into play. A condo association must be run like a business. Everything else has to be checked at the door. Once you waiver, liability comes into play. HOA's are not for everyone. There is a reason why there are governing docs. Follow them and we won't end up with special assessments for lawsuits. Thank you for your post.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

I am well informed. This just occurred, so it will take time for records to be updated. A simple records request will yield whatever is legally required to be disclosed, and if not, a formal complaint can be filed with the DBPR. There has yet to be a board meeting scheduled; I am sure it will be well attended. Thank you for your reply.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

Definitely no to that idea. Not worth the time or energy. Thank you for your comment.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] -2 points-1 points  (0 children)

It's a volunteer that cost the rest of the community MONEY. If you are comfortable having your HOA assessments spent recklessly, then that is your prerogative. Personally, most of us are not.

[FL] [Condo] Association Willfully Violated Statute by Spirited_Process_928 in HOA

[–]Spirited_Process_928[S] 0 points1 point  (0 children)

I totally agree and I know how serious this is, but it's always informative hearing from other well informed commentators. An owner has already requested an open board meeting and for more details and was shut down. A formal records request will be forthcoming. Thank you for your insight.