Charles Wright

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  • in reply to: BOD Election: 4-way tie – FLORIDA #377115
    Charles Wright
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    The person that had the highest total of votes, should have been placed on the Board that evening unless it presented an even number of Board members, and the rest of the positions determined after another vote. The State does look into election improprieties, you might want to seek their advice, however the fact remains that another vote process is necessary for the other positions.

    in reply to: Withholding Dues #377109
    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

    in reply to: Violations from BOD #377108
    Charles Wright
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    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

    in reply to: HOA Won’t Deal With Rude Neighbor #377107
    Charles Wright
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    Rude or violating the conditions of the documents? The HOA is not responsible for rudeness, they are responsible if the rude person is violating any portions of you CCR’s
    Explain how this person is being offensive either to you or the HOA CCR’s.

    in reply to: Need advice resolving trivial issue with HOA #377106
    Charles Wright
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    Every story has three sides, one side from each participant, the other is the actual fact of the matter.

    You are being very secretive in the “trivial” matter, yet you want advice. Quite a few of the people here, are on, or have been on Boards in the past, that can give you better advice or opinions if we knew the score of your post. You even have an attorney offering to help, so how can a trivial matter, be worthy of secrecy? Trivial to you could be a major issue and you feel slighted because you were called out on it Shed some light on your trivial matter please.

    in reply to: HOA reform #377105
    Charles Wright
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    Check your bylaws and covenants, they usually will have something about how to change or alter your docs. A lot of communities were built in the late 1990’s and early 2000″s so the docs can in some areas be outdated, Our HOA docs require in writing, the change or changes seeked, then 2/3’s +1 of owners sign to approve changes. If approved by the owners, the changes are presented to the Board. The Board is required to have the changes finalized and recorded with the County, and every owner is given written notice of the change or changes to the documents.It’s a lot of work chasing signatures, especially in a large community.
    Warning, be careful what you choose to change, it can come back and bite you..

Viewing 6 posts - 1 through 6 (of 6 total)
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