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  1. #1
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Removing the Board of Directors of a Homeowners Association

    State is FL.

    Some know of the crap I have been dealing with since Oct. 2005. I am now pondering when to remove the BOD of my HOA and can do so single-handed without a "special meeting".

    My HOA and their hired contractors (roofing, electric & general) will be facing a lawsuit(s) for their gross negligence, unnecessary loss of my personal propery (including flooring, cabinets, etc.), Corporate Deviation, Criminal Conversion, punitative damages, etc. All extremely well documented including photos.

    I'm now pondering when, prior to filing or after filing, to remove the BOD (which has been a BOD selection for all this) and am seeking opinions - including things overlooked by me for having a different BOD deal with the lawsuit(s).

    The BOD can be removed by me for their failure to run the HOA according to both the By-Laws and FL Statutes (there's a whole bunch violations that are not related to what the lawsuit(s) complaint(s) will be.

    There will not be a class action suit due to the fact that out of 44 condo units, only 7-8 are owner occupied. The BOD has "snowed" most owners and most owners just want to have their units rented.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Opinions Re: Removing BOD prior/after Lawsuit

    Strike while the iron is hot.

  3. #3
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Re: Opinions Re: Removing BOD prior/after Lawsuit

    Quote Quoting seniorjudge
    View Post
    Strike while the iron is hot.
    Your honor, this didn't help much with pros and cons of removing the BOD prior or after filing the lawsuit. The current BOD, IMO, don't know how much I have them by the cajones. BOD told another owner (owners?), that everything I said after the casualty was true. Still, they mishandled & screwed up the repairs. For example, mold remediation was done & drywall replaced with the roof still leaking. The BOD, knew it and allowed it.

    My apt will be reinfected by mold again by the end of this year not only due to the leaky roof, but also due to the adjoining apts not having mold remediation when these 2 apts tested positive for mold and also documented by building inspectors that they were infected by mold Dec. 4, 2005. It wasn't until last July that the BOD acknowledged that the roof was still leaking despite my complaining about it since the Prez informed us on Nov. 4, 2005 that my bld was now leak proof.

    What they all don't know is my education level & what it's in that affords me the creditials of all this in addition to all the documentation. I'm ready to send out a bunch of CRR letters tomorrow (not related to their gross negligence but has a relation to the casualty). So, I'm hot and am beginning to strike.

    Your and anyone else's feedback of having a new BOD deal with the "heavy" stuff can help me with things not thought of by me like the advantages of having a new BOD deal with the lawsuit.

    A new BOD, IMO, would not know how badly the present BOD mishandled and failed to do the job correctly, despite my and other owners complaints. The first thing that needed to be done after the casualty, according to the By-Laws, was to get in writing by 75/80% of all owners whether they wanted to reconstruct or dissolve the Associaton. That was not done.

    State Receivership could even happen here by removing the current BOD, and that may even be advantageous...?

  4. #4
    Join Date
    May 2010
    Location
    Maryland
    Posts
    5

    Default Re: Removing the Board of Directors of a Homeowners Association

    I have a HOA President who has not paid his association dues for the past 3 years. We are having an annual meeting on May 18. I sent him a letter today asking him to resign since he has not paid his dues and he claims he will pay this week. Even if he does, I want to expose him to the homeowners that do attend the meeting since I believe that it is terribly unethical of him to have deceived them for so long. He has not enforced the rules uniformly or fairly. He has approved placing leins on other homeowners who do not pay, and has rejected settlement agreements for others and stated that the HOA wants all the funds it is due, yet he has not paid. I know this because I am the former VP. We have 200 townhomes in my community with very little cooperation. There may be approximately 20-25 folks to attend meetings. I needs some insight on exposing him for what he has done. Our documents state that board members cannot hold office if they are not current with their dues and to remove an officer must be done in an annual meeting with minutes taken.

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