HOA Board Not Following the Law

Question:

I am having some concerns about my HOA broad members & the management company hired to manage the development. Homeowners do not receive any meeting notices. Then, if there are any building concerns homeowners are not allowed to speak with the broad members unless questions are presented at the broad meeting. Finically, the management company are not fully aware of the CC&R rules unless they speak with their attorney. I have waited for 3 months to get an answer. I have read the HOA rules, regulations & laws. What government agency can help me make sure the HOA follow the law?

– Shawn

 

Answer:

Hi Shawn,

If you live in a condominium and have issues with your board, please refer to a previously answered question: https://www.hoamanagement.com/ask-an-hoa-manager/where-to-file-a-complaint-against-florida-hoas/

That said, you may want to try following your board’s directive of raising your issue at the next board meeting. If you are unsatisfied with your management company, you may want to bring this to your board’s attention as well. Keep in mind that it is not always easy to switch management companies, as there are termination clauses and other legal issues to consider.

As for meeting notices, HOAs in Florida are required to post the notice in a conspicuous place at least 48 hours in advance. If not posted in a conspicuous place, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. For more information, check Section 720.303 of the Florida Homeowners Association Act. Make sure your HOA board is aware of this law.

If your HOA board is not doing its job well, you may 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.

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