HOA Fees Increasing and No Action Against Fraud

Question:

I am writing this on behalf of my mother who lives in a residential community in South Florida. The HOA recently held an election and new board president was elected. She is now telling residents that the prior board president embezzled 2 million dollars in reserves but she has not brought charges nor has she given any proof. She also says they will be raising HOA dues with out giving any accounting to the community , mostly made up of either elderly residents or only Spanish speaking.
None of this makes sense to me. Asking how to proceed.

Thank you .

– Jessica

 

Answer:

Hi Jessica,

Typically, HOAs in Florida can raise the community’s assessments. However, it’s usually based on the annual budget. According to the Florida Homeowners’ Association Act Section 720.303(6)(a), the association shall provide a copy of the budget to each member or give notice that the budget is available upon request at no charge to the member. You may utilize this to get ahold of the budget and verify why the assessments are increasing.

As for the fraud case, it may be wise to raise this issue with the board at a board meeting or by contacting them directly. You may also request to review the HOA’s financial documents to find evidence of fraud. It’s also best to consult a lawyer for further guidance.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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