[Merlot]

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Can homeowners withhold dues when management refuses to control investor/tenant behaviour?
Our CC&Rs say owners are responsible for tenants & guests, however, our Board/management resists notifying/fining bad behaviours. They are doing everything to placate the over 60% absentee landlords without consideration to/complaints by us Resident Owners.
I would like to gather a group of us concerned owners & force order & proper execution of our CC&Rs (if we can’t get investors out), by withholding dues until management complied with its own contract.
Advice? Suggestions?
Thanks, as always

[earlh0808]

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It is NEVER a good idea for homeowners to stop paying their dues as a way to control or get revenge on the HOA. Homeowners will only suffer the consequences of nonpayment, and you can end up losing your home. If you’re really concerned, you might want to consider removing the board members and replacing them with more effective people.

[Charles Wright]

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NEVER, EVER withhold dues. You will only cause severe problems to yourself in the long run. Good advice from post above.

Homeowners have options when the Board fails to do their fiduciary duty or neglects the provisions of your CCR’s.
1: Provide in writing to the Board, your concerns that they are not acting properly as the documents require
2: Go to a Board meeting with other owners and during owner participation, let the Board know of your concerns and ask why the document provisions are not being adhered to.
3: If ignored, in Florida, you must file for a non binding arbitration to discuss in front of court appointed arbitrator your concerns, before legal action is taken
4: If the arbitration fails to produce a solution, you can file for binding arbitration, or an action in circuit court, against the Board/HOA
5: Organize the community to do a recall on the Board members who are not doing their duties.
6: vote them out at the next Annual meeting

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