chrstphr58

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  • in reply to: BOD Election: 4-way tie – FLORIDA #377080
    chrstphr58
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    The situation you’ve described involves a unique set of circumstances in your Annual BOD elections. It appears that there’s a need for a runoff election due to tied votes among four candidates and the decision to replace an incumbent BOD member who decided not to seek reelection.

    Regarding the person who received the highest number of votes, it’s not uncommon for different organizations to have specific rules and procedures outlined in their bylaws or governing documents regarding the recognition of elected officials. In some cases, the official recognition may not occur until after any necessary runoff elections have taken place.

    In your specific scenario, the BOD has decided to conduct a runoff election before formally recognizing the winner. This decision might be based on the need to ensure a fair and conclusive outcome, especially considering the tied votes among other candidates. The timing of the runoff election and the utilization of proxy voting to accommodate various circumstances demonstrate an effort to uphold the democratic process.

    While it might seem logical to recognize the candidate with the highest number of votes immediately, the decision to wait until after the runoff election may be guided by the organization’s established procedures. It would be advisable to review your community’s bylaws or governing documents to understand the specific rules governing election processes and the timing of recognizing elected officials.

    If there’s ambiguity or if you believe there are concerns about the fairness of the process, it might be worthwhile to seek clarification from your association’s legal counsel or raise the question at a BOD meeting for further discussion and clarification. The primary goal should be to ensure transparency, fairness, and adherence to the established rules during the election process.

    in reply to: Leaving Gate Open #376963
    chrstphr58
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    I’ve never heard that before, but I guess it makes sense.

    in reply to: How do we know when am unlisted home turns over? #376961
    chrstphr58
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    Our HOA is usually contacted by the realtor upon closing, as we charge an HOA initiation fee.

    in reply to: HOA reform #376799
    chrstphr58
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    We haven’t tried this, and I don’t know if you can. The governing documents of an HOA are legally binding and must be followed. It is the duty of the BOD to enforce the governing documents and uphold their fiduciary responsibilities. I’m afraid reducing the authority of the BOD would result in no business getting done at all.

    in reply to: trying to start an HOA #376306
    chrstphr58
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    Honestly, if you don’t have a lot of common spaces, just pay contributions and hire a maintanence company. Forming an HOA may be too much.

    in reply to: Annexing adjoining lots #374767
    chrstphr58
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    It’s not a typical request coming from a property owner, I’d say.

    in reply to: Squatter problem in our HOA #374197
    chrstphr58
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    Monitor your cameras if you have them. Perhaps the trespassers aren’t “trespassers” at all. Maybe someone in your HOA (a resident) is letting them in or gave them the passcode or access pass. Happens way too often.

    in reply to: Squatter problem in our HOA #374195
    chrstphr58
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    If you have a gated community, it should be easier to keep them out. Check your security measures. Maybe you need to update them. Security guards, cameras, access passes – the whole shebang.

    in reply to: Squatter problem in our HOA #374191
    chrstphr58
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    Kris is correct that squatters will have to be removed lawfully. You can’t just push them out through brute force. They may even claim assault on you (I know, ironic). I would suggest contacting the homeowners of the houses where they are squatting. It’s really the homeowners who have to take action. The HOA should just provide assistance.

    in reply to: Problem with delinquent owners – need help! #370220
    chrstphr58
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    I don’t recommend a lawsuit since it’s so much trouble. A lien would be better. Let the lien sit for about six months to a year and then start foreclosure. That should get them to pay.

    in reply to: Need Sample Template to present member petition to HOA/POA #370090
    chrstphr58
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    You’ll find some good petition templates here: https://templatelab.com/petition-templates/

    chrstphr58
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    With the contractor, perhaps you can work out some sort of negotiation? If you can prove that they failed to deliver the work as agreed upon but still received compensation, maybe they can do the work now instead. That way it won’t be all for naught.

Viewing 12 posts - 1 through 12 (of 12 total)
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