Question:
Our HOA President talks a good talk, but nothing gets accomplished & he refuses to acknowledge any suggestion(s) to become current with the times or move forward towards change.
I have reason to believe our HOA President had his brother do the landscaping of the front entrance to our community. I am under the impression that the HOA President isn’t permitted by law to allow any relative earn money through the President’s efforts. I only found this out when the President announced that the HOA fees were going to be increased due to another increase by the landscaper. I volunteered my time to attempt to find another more reasonably priced landscaper to assist in keeping the HOA fees at the same or closer to the same as what the homeowners were paying all along. To begin this process I requested a copy of the contract with the landscaper & was advised there wasn’t any, so I requested a copy of an invoice & received the same reply. I then asked for copies of checks from the past 6 months & was refused. I then looked on Sunbiz.org only to find there’s a corporation in the name of our HOA President for a landscape company. Following the HOA meeting, he hired another landscaper to apparently cover his tracks. When discussing it with another homeowner, they enlightened me to the fact that it was the HOA’s brother who was the landscaper. The HOA President did not want to know the results of my findings either. I’m also on the board & don’t wish to be looked at as an accomplice to the President’s inappropriate conduct. So when this came up at the meeting, I reminded him I did research & found a few other landscapers that were equal to or less costly than the present landscaper. He didn’t want to hear that. So I went on to suggest they consider using artificial turf at the entrance so it would pretty much eliminate the need for a landscaper. The only response was, “who’s going to vacuum it?” When I volunteered to offer some improvements to the entrance by donating some Frangipani cuttings because they’re drought resistant & don’t require any irrigation/sprinklers, the only response was, “They make too much of a mess.” Keep in mind, the only thing out there are trees that are very rotted to the core, broken up & lean on our dividing wall which is causing a mess & most likely problems with the wall which could’ve been prevented, eyesores along with a few weeds, all of which remain for a very long time.
The President had a phone conference with board members to discuss finding a place to conduct the annual meeting where there was ample space due to covid. We were to have a 2nd phone meeting to find out what everyone came up with but instead, the President made a unilateral decision to have it in a church. When we arrived @ the church, the 1st thing he said was that we weren’t having elections & it wasn’t added to the items for discussion because he knew beforehand there weren’t going to be enough people. Note: He never did anything to begin the process of electing new board members or a new HOA President prior to the meeting & this has been going on for 11 plus years. He knew this because he has created a number of enemies in the neighborhood for not complying to requests for documents & he continues to resist any changes that are presented. A rather new owner had just requested the covenants & was refused. I provided him with a copy.
One very big concern is regarding the restriction of roof materials. Metal is not permitted unless it looks like barrel tile. He says the hardware showing is not a desirable look. The flat metal is much more resistant to hurricane damage anyway & has the best warranty & the insurance companies, who haven’t already left the State of Florida, are giving the best rates for this type of roof & will insure them for the longest period of time. Metal is most desirable & has the most impact on the home’s value. If needing or wanting to sell, a prospective homebuyer will look for a home with a metal roof over other materials. He claims there are 3 types to choose from because we have to keep the look consistent with the environment. But, he does nothing to the ones who have a dirty black soot covered roof. Metal doesn’t necessitate power washing or anything. A logical resolution is to limit colors & make it where it’s standing seam instead of seeing the hardware.
There’s no transparency & our HOA President only brings forth a portion of rules & policies that he wants implemented into our rules from other HOA’s but leaves out crucial information that affects us. I’ve called him on a couple of issues. One example is renting which has not been permitted in our community for many years. The other community he used as a guide allows it under certain conditions, but our President chooses to leave that part out. I corrected him on it in the meeting. He didn’t have any retort. And, the money we pay for our HOA dues isn’t being used to do anything to improve the common grounds at the entrance. He claims he has connections & is going to meet with knowledgeable people & discuss issues, but never follows through. There’s very little he does other than send a letter to people who allow for overgrowth of their grass (he claims to do this to piss off the President because he didn’t give him the documentation he requested) or cut down too many limbs on a tree. The past President hadn’t paid their HOA dues for about 10 yrs because he too was pissed off by this President & knew he wasn’t going to do anything about it. His home was in terrible looking shape which the HOA did nothing about. If our President were living on my street, which is in serious need of repair, this too would’ve been addressed long ago.
So, in essence, he continues to maintain control, doesn’t accomplish anything & people don’t bother showing up to just listen to him talk because they won’t even bother to waste their time. Oh, I’m also told that he edits the minutes to cover himself. The secretary taking the minutes lives next door & the treasurer is his wife. This is my observation for all that goes on in a very small community of about 30 homes.
Any words of wisdom to implement change effectively would be greatly appreciated. Thank you!
– Sherry
Answer:
Hi Sherry,
The Florida Not For Profit Corporation Act Section 617.0832 deals with conflicts of interest and can help you with the issue of hiring the president’s brother as a landscaper.
You may also want to consider removing the president from the HOA board since they are causing many problems. To remove a board member, the Florida Homeowners’ Association Act Section 720.303(10) states: “Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.”
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
