A new treasurer of an HOA in New Smyrna Beach, In checking the finances she discovered that $500,000 was missing from the finances. A forensic audit was conducted and the manager of the HOA was convicted and sentence to one year and one day. Among other items the manager used the money for was a cruise trip to Alaska with her boyfriend. This is true folks, and is a fact. Do not let your HOA try to silence you when you ask probing questions.
More than 250 South Florida condo residents marched Saturday through the streets of Doral to demand that authorities take steps to stop a wave of fraud hitting their neighborhoods.
With posters, flags and whistles, the group of protesters marched through downtown Doral shouting about alleged abuses by their board of directors and the private companies hired to manage the condominiums.
“We want our demands heard in Tallahassee,” said William Mendieta, one of the organizers of the march and resident of the Las Vistas condos in Doral. “We have left behind apathy and indifference to unite with other condos so that together we can make one request: Justice!”
It was the fifth public protest since an investigation by el Nuevo Herald and Univision 23 in March revealed the systematic frauds facing condos in Miami-Dade County — including at least 84 fraudulent votes in November election for the board of directors at The Beach Club condos in Fontainebleau Park, and a fraudulent bidding process in which a company won a $5.2 million contract in a competition against two front companies.
Question: The governing documents for our homeowners’ association contain a number of restrictions and rules. However, they do not contain any instructions on what happens if an owner fails to comply with the documents. If an owner is not obeying the documents, what does the homeowners’ association do? (D.H by e-mail)
Homeowner associations have been criticized for having excessively restrictive rules and regulations on how homeowners are allowed to conduct themselves and use their property. Legal scholars and the AARP have charged that in a variety of ways HOAs suppress the rights of their residents. AARP has created a “Bill of Rights” for Homeowners in Associations with ten principles (or “rights”). They suggest it be used as a model for statutory language that states can follow when developing laws and regulatory procedures for common-interest communities.
The long-fought lawsuit between a homeowner near Windermere and her HOA makes me realize three fundamental truths at the exact same time, to borrow a phrase from the Hamilton soundtrack.
No. 1: This state’s Florida-friendly law is neither very Florida nor very friendly. The law, passed in 2009, is meant to protect homeowners who want to use plants and grasses in their yards that need less water and fertilizer than the typical lush St. Augustine lawn.
The relationship between a homeowner and their community association has been increasingly defined in litigation in recent years, due to the rapid growth of common interest communities and the issues being presented to the courts. The community association is usually an incorporated entity operating under corporate nonprofit status. The community association was created by the developer/declarant for the purpose of managing the common interest community. The community association is funded by dues or assessments contributed by the individual unit owners (or members) and is run by an Executive Board, Board of Managers, Trustees or a Board of Directors composed of unit owners who typically serve as volunteers. The community association is a separate legal identity and may sue and be sued independent of its members.
Four years ago, Jim Hildenbrand was ready for a change.
His kids were grown, his father had died, and he wanted to be closer to his mother. So he shut down his architectural consulting business in the Quad Cities in Iowa and bought a three-bedroom home in the Avignon Villas subdivision in Olathe.
But instead of settling into paradise, he says, he landed in purgatory.
For months, he fought the homeowners association over the placement of his satellite dish. He accrued tens of thousands of dollars in fines for parking his cars in the driveway too long and placing a ceramic flower pot and a St. Francis statue in his front-yard landscaping. And what started as a dispute with the HOA over a landscaping project that featured a long, low accent wall has cost Hildenbrand more than $200,000 in legal fees. Read more here:
When officers arrived at the home on Osprey Trail last March, they found Mike and Sabrina Ferry, their hands and feet bound with zipties.
The pair had been watching TV in their living room that Tuesday evening when men wearing masks and brandishing handguns busted into their house. The men stole cash and jewelry and the keys to the Ferrys’ car.
Theirs was the fourth Collier County home invasion in a five-week span.
Now the couple is suing their homeowner’s association, saying the Estuary at Grey Oaks neighborhood promised a secure community and failed to deliver despite knowledge of the recent home invasions going on in the county.
On July 1, Florida law was amended to give condominiums, cooperatives and homeowners’ associations throughout Florida the right to conduct membership votes online. While online voting has been permitted for some time in other states, this new law represents a sea change for Florida’s more than 60,000 community associations.
For communities with a large percentage of investor and snowbird owners, online voting gives these owners a newfound opportunity to participate in important membership votes in their association. Currently, many of these owners are unable to timely return voting materials and they are disenfranchised as a result. Even for owners who are local but do not wish to attend meetings or send in a proxy, online voting may spark an increase in their participation.
No need to sue. Can't we all just get along? This online publication is not affiliated with the Summer Trees West HOA Inc. dba Summer Trees West, its cast of characters. or any other HOA or website. All original material and its derivative works are the exclusive ownership of this website and covered by federal Copyright Laws. We may cite documents and statements of others pursuant to the Fair Use Doctrine, which permits brief excerpts of copyright material found elsewhere when quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from, or payment to, the copyright holder. Any resemblance to persons living, dead or walking dead should be plainly apparent to them and those who know them, especially if the author has been kind enough to have provided their real names and, in some cases, their phone numbers. All events described herein actually happened, as ridiculous and nonsensical as you may find them. Lastly, Love thy Neighbor and be nice to one another. If your still reading this, you must be an HOA lawyer looking for additional billable hours. Govern yourself accordingly.