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  1. #1
    Join Date
    Feb 2010
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    8

    Default No HOA Board - One Resident is Demanding Payment of Dues

    Orange County - Florida


    I have come here for help because I cannot find an attorney who will help me. Thanks in advance.

    My issue has to deal with our community’s HOA (community total is 27 houses). Our dues were very small about $400 per year. About 2 years the HOA had a full board in which I my husband was VP. My husband resigned due to the management company mismanaging accounts, grossly over charging us and lack of resident participation (at every meeting just the 3 board members would show up). After he resigned the management company wouldn’t renew our contract b/c we are such a small community it wasn’t worth their time. Then the President moved out of state so he resigned as well.

    So that only left the Treasurer. Nothing happened for a few months – no meetings, no bills, nothing. Then we started receiving homemade statements from the Treasurer. He had taken it upon himself to get the records and whatever money was in the reserves from the management company. He also set his own budget for the year and taped a copy to everyone’s door. No one ever voted for this budget. I am pretty sure half of the community has paid what he asked for b/c they don’t speak English and don’t quite understand what is going on. We have not paid our “dues” since he decided to take over the HOA himself b/c we never voted on the budget. I have no clue if the landscaper is being paid, if the insurance is paid or what he is doing with the money.

    Every 3 months he does tape homemade statements to our door but we ignored them. Yesterday when I came home there was a letter taped to my door stating back in 2008 the management company posted someone else’s dues payment to our account now I owe $185 in addition to his dues (total $495) and if we don’t pay within 45 days he is going to start the lien process.

    I am going to start researching my payments made to the old management company but it is going to take some time as I don’t have the bank account any longer and the old management company is refusing to help us b/c they have filed a suit for back money they say the HOA owes them.

    My question is does the Treasurer have the right to demand money from us if there is no real board or HOA? Also what happens when there isn’t an actual HOA? I have called the county and they stated we have to have one. But if there isn’t anyone running it what happens?

    Sorry this is so extremely long but it’s a complicated issue. Thanks for reading.

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    1. Read your HOA agreement to see what it says, particularly, the responsibilities and authorities of the board and of a single board member if other board positions are not filled. As the sole remaining elected board member, it is possible that he has the authority to do what he is doing.

    2. Sounds like it is in your best interests to push for elections and get your husband and/or others that you trust on the board. Yes, it can be a royal pain and a thankless job. But, that goes with living in that type of community. You either get involved, or you have to live under the thumb of those who chose to get involved.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    The treasurer felt it is HIS JOB to get the dues, pay the bills, and get whatever needs to be done, done, when no one else cares. He IS the treasuer, and he was never voted out, was he??

    God bless him.

    If he is not around to do this, creditors would be swarming in, cutting off services, and putting a lien on the HOA, thus the entire complex. The culprit here is not the treasurer, but the pathetic homeowners.

    There was a condo complex in my county that went into such disarray several years ago, bills weren't paid, repairs not made, that it was condemned, and residents were forced by the authorities to move out. This could very well happen if bills are not paid.

    The treasurer's job, after the management company quit, is to figure out the dues, get it paid, and pay the creditors. It is the responsibility of the homeowners to get a functioning HOA going again, and if that is your main concern, write a note, and tape it on everyone's door, call a meeting and get a move on it. No one else seems to care but you.

    Apparently the treasurer does not feel it is his job to get the HOA going again, or want to, and IT IS NOT HIS JOB. He is doing his job of figuring out the payments the owners owe, collecting it, and paying the bills.

    The fact the management company didn't want to be bothered is testimony to the disorganization of the HOA, or NON-HOA.

  4. #4
    Join Date
    Feb 2010
    Posts
    8

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Thanks for the feedback.

    Please don't think I want the neighborhood to go up in shambles. It already is and has been for the past 3 years. Nothing is being fixed or upgraded.

    The only thing that is being paid for currently is the landscaper (who cuts a small area of grass around a small retention pond) and the HOA insurance. Nothing else! Our brick was was vandalized and the community name has been missing for over a year.

    I am concerned giving this person money for nothing. At one of the past meetings he had wanted to let all the homeowners who are in collections with liens have their back dues waived so they can be caught up to date and start fresh. Well that was voted NO.

    I have been reading the FL Stat. 720.3053 - Failure to fill vacancies on board of directors sufficient to constitute a quorum; appointment of receiver upon petition of member.

    So if I can get more than 1/2 the residents to sign a petition the county will appoint a "received" who is not a community member and they will handle the HOA.

  5. #5
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Quote Quoting stacyr00
    View Post
    Thanks for the feedback.

    Please don't think I want the neighborhood to go up in shambles. It already is and has been for the past 3 years. Nothing is being fixed or upgraded.

    The only thing that is being paid for currently is the landscaper (who cuts a small area of grass around a small retention pond) and the HOA insurance. Nothing else! Our brick was was vandalized and the community name has been missing for over a year.

    I am concerned giving this person money for nothing. At one of the past meetings he had wanted to let all the homeowners who are in collections with liens have their back dues waived so they can be caught up to date and start fresh. Well that was voted NO.

    I have been reading the FL Stat. 720.3053 - Failure to fill vacancies on board of directors sufficient to constitute a quorum; appointment of receiver upon petition of member.

    So if I can get more than 1/2 the residents to sign a petition the county will appoint a "received" who is not a community member and they will handle the HOA.
    The thing that puzzles me is if you are so CONCERNED, why don't you pass a petiion around to have elections to a new board, and perhaps be bold enough to put your name forward. You and all the other homeowners have decided to live in a "condo" environment", and thus share collective responsibility.

    Just to throw your hands up and call for a "receiver" seems to be the height of irresponsibility.

    And if collection of fees just goes to a landscaper and some insurance, it should be easy enough for someone there to manage, even YOU, as I'm sure "receivers" would cost some fees.

    And then if you want to start slapping all your neighbors with leins, and place them for collections. get the authority, and got ahead with that too.

  6. #6
    Join Date
    Feb 2010
    Posts
    8

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Quote Quoting SChinFChin
    View Post
    The thing that puzzles me is if you are so CONCERNED, why don't you pass a petiion around to have elections to a new board, and perhaps be bold enough to put your name forward. You and all the other homeowners have decided to live in a "condo" environment", and thus share collective responsibility.

    Just to throw your hands up and call for a "receiver" seems to be the height of irresponsibility.

    And if collection of fees just goes to a landscaper and some insurance, it should be easy enough for someone there to manage, even YOU, as I'm sure "receivers" would cost some fees.

    And then if you want to start slapping all your neighbors with leins, and place them for collections. get the authority, and got ahead with that too.
    Ok - I'm not sure why your replies come across mean.

    FYI: I am concerned b/c this person has collected an estimated $5400 and the bills only total $2500.

    My original question was - Does this person have the right to act as a full functioning board when it is only himself making the decisions?

    And according my the community's bylaws the board needs to consist of 3 or more members.

  7. #7
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Quote Quoting stacyr00
    View Post
    Ok - I'm not sure why your replies come across mean.

    FYI: I am concerned b/c this person has collected an estimated $5400 and the bills only total $2500.

    My original question was - Does this person have the right to act as a full functioning board when it is only himself making the decisions?

    And according my the community's bylaws the board needs to consist of 3 or more members.
    I got the sense I'm very curious, not mean.

    My point was he's the treasurer from the original board, he was not removed from what you were saying. I belonged to an alumni board where the president moved, the VP quit, and the treasuer continued his duties. I can't tell from your bylaws, but under the circumstances, the treasuer continued with his duties, because there were nothing in the bylaws saying that if the President quit, the board is dissolved, and the treasurer is discharged.

    I don't want to get started with you, some lady at work here got sick again today, after she was out sick for a few days, so in an expression of sympathy, I said "oh, you're sick again"?? She got started with me on "what do you mean I'm sick again, I only call in sick when I'm sick".

    And here right after, I get back to my desk, and I see your answer about my being mean. Guess it's just not my day.

    My point before was I would rather have some fellow homeowner in charge, even yourself, instead of a receiver, as you said "there's not much to the job, just the landscaper and the insurance".

  8. #8
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Quote Quoting stacyr00
    View Post

    So if I can get more than 1/2 the residents to sign a petition the county will appoint a "received" who is not a community member and they will handle the HOA.
    I'm a little flabbergasted by this one. You aren't happy with what this treasurer is doing; you think he may be wasting or stealing money? So, you want a receiver appointed by the county? Do you have any idea what the receiver's fees will be? Hint: it's not a minimum wage position.

    Part of the deal you bought into when you bought the Condo was the HOA and everything that entails. It quite frankly appears that you bought into a bad one in that most owners are apathetic. You seem to want to complain about the only person trying to do something to keep it afloat (and maybe feather his own nest, I really can't tell that one way or the other) but not do anything positive to solve the issues.

    I personally can not imagine living in a community requiring an HOA and doing nothing about positions on the board being left vacant. If that is the lifestyle you prefer, you shouldn't be in a condo community. You should rent and let the landlord deal with all the issues.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Quote Quoting stacyr00
    View Post
    FYI: I am concerned b/c this person has collected an estimated $5400 and the bills only total $2500.
    .
    I would suggest you either accept that there is a bank account in the HOA's name that has $2900 or look at the HOA's books to determine if there is a $2900 balance in the HOA fund.


    Rather than accuse this guy that appears to be trying to revive your HOA and maintain the HOA controlled areas, why don't you check into it first.

    And according my the community's bylaws the board needs to consist of 3 or more members.
    , what do the bylaws say happens of there are less than 3 members? Does it automatically dissolve? Can it make no changes to rules maybe? Are whatever officers are still there allowed to continue the HOA's business?

  10. #10
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: No HOA Board - One Resident is Demanding Payment of Dues

    Let me add a few more thoughts.

    I've lived in condo complexes and had rentals in them. In one condo complex of 104 units, only 5 people on the average bothered to serve on the board at any given time, and only TWO woman rotate the role of president, when one gets tired of it after two or three years, the other takes over so the first lady would get a rest.

    So, it seems like only 5% of the total population is active, and in your 27 unit complex, 5% of 27 units comes out to just one person.

    I've been in cases when a board shrivels to nothing, in one case, I belong to an alumni group where this happened, a general membership meeting was called, and with the announcement that the group would terminate if a new board is not voted in. I attended the meeting, and the prior president, who relocated out of state, but attended, a good friend of mine, begged me to take it on, so I did it for two terms, then was asked again a few years later to serve another two.

    In the condo associations I was with, it is common to call a general meeting every year, and the best time is to make it some Christmas or New Year's with these dates, complex members can be more involved. In these events, matters of general interest are discussed, such as "we need more board members".

    A word on finances and bylaws. In both my Alumni group, and HOA's I was familiar with, the treasurer is required to submit periodic reports of finances at these meetings, either the monthly HOA meeting, the annual general meeting or whatever, and as I recall, this requirement is in the bylaws. Sometimes, examination of the books by members are also allowed, though procedures for requiring them and where may vary, often, treasurers may balk at requests to see the books at his home, for instance.

    Check out your bylaws on this.

    As to management company fees being ridiculous, tell me about it. The one I was with was a converted old high school with plenty of interior halls, and you can imagine how many bulbs can burn out, being on 24/7. The management company charges $25 to change each bulb, when they get to it.

    They control how much landscapers are paid, doles out snow removal contracts to themselves, has in house maintenance to do housecleaning. As part of cost cutting measures, they residents formed a "landscaping committee" to do it themselves, and my brother in law was in the original group of three.

    Later on he was tired of the landscaping when he often is the only one showing up to do it, so he formed the one man light bulb committee and changing lighbulbs went in house. A note was posted on the bulletin board to call Bob, leave a message, and he schedules 3:00PM to be his time for changing bulbs after he comes home from work. Residents saved th $25.00 management fee each, and it's done at 3:00PM if you call earlier that day.

    How does PM firms get away with ridiculous fees?? This may sound MEAN, but the chief culprit is pathetic homeowners who couldn't be bothered even to go to a meeting.

    You mentioned the PM firm dropped you?? We thought we paid plenty, wanted good services, and the PM firm dropped us on the grounds a complex of 104 units is on "too small a side", and NOT within their scope. That's what they said, because saying the real reason "get the f-- out of here" may in your words, sound a bit on the mean side. I guess having the nerve complaining about two weeks getting to burnt out bulbs may have done it.

    As to collecting more than the bills are?? If he can manage it with half the complex ignoring him, GOD BLESS HIM. More HOA's should be doing this to build up a good reserve fund, and my HOA could've used a good man ( or woman) like that.

    Your husband tired of three people showing up at meetings?? Try one person, ME, showing up at meetings and having a meeting with myself. But I didn't quit, served my term, did what I have to do, and moved on.

    Oh, your fellow homeowners may need someone talking MEAN to them to get them out of their lethargy, and I apologize if this sounds MEAN.

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