Question:
I want to file a complaint against my HOA and the former President of the Board of Directors who singled me out in a very destructive way. She had two beautiful Ligustrum trees cut down from the back of my property that lent shade and some privacy to my back patio. The back patio that I spent several thousand dollars on last year improving it. (See photos attached) She and the current property Manager were in cahoots over this as I had forced them to remove 3 giant Ponderosa Pines from my back that were a danger to falling on my property, they did not like that I had forced their hand in this matter. After all of this had settled down and a year had passed, they had promised to lay sod in the back to cover the bare dirt where the pines had been removed. I attended the HOA meeting held on the 17th and simply inquired as to when this sod would be layed, since it has been a year. The President told me that the sod would be laid when the illegal trees (the Ligustrums) were removed by me. Now there are six other Ligustrum throughout the property that are the same exact size and heights as mine were so they were more than likely part of the original landscaping and are the ones that survived this long. So her excuse for calling them illegal trees was that I had planted them, they are in the photos from the realtor’s ad on the house, so there is no way I could have planted them. Not to mention you could tell by the size they had been there longer than 7 years. So with all this being said I told her I had not planted them and they were there when I bought the property and they were not getting removed as they had agreed when the pines were removed they could stay. She did not like the fact that I had stood up to her and had the trees removed by the maintenance crew the very next day on the 18th of November. Many of the neighbors have had issues with this Board and the Property Management for singling out neighbors over one thing or another and we are tired of putting up with the abuse of power and the non response to our complaints, can you please help guide us.
– Jeff
Answer:
Before taking any legal recourse, you might want to consider removing the problem board members. You can find the requirements and procedures for removing board directors under Section 617.0808 of the Florida Not-for-Profit Corporations Act (if your HOA is organized as a nonprofit corporation). You should also check your bylaws as those documents should contain instructions on how to remove directors as well.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
