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Baitball Blogger

(46,780 posts)
Mon Feb 4, 2019, 09:11 PM Feb 2019

Oh, geez. The HOA drama continues. Looks like a third illegal board meeting is taking place.

Does anyone know if an Association is found to be controlled by a cabal and meetings are not properly posted, does it undue all the decisions they make?

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Oh, geez. The HOA drama continues. Looks like a third illegal board meeting is taking place. (Original Post) Baitball Blogger Feb 2019 OP
in hawaii, HOA boards are bound by strict state laws. u will have to check who has msongs Feb 2019 #1
I think Florida has a crisis with the HOA organizations. Baitball Blogger Feb 2019 #5
Information concerning this kind of thing would be availalble from ehrnst Feb 2019 #2
Check the Bylaws TrogL Feb 2019 #3
I already know the answer. This Association's leadership has not been the most transparent. Baitball Blogger Feb 2019 #6
Usuallly these things are handled by Wellstone ruled Feb 2019 #4
No truer words were ever said. LOL! Baitball Blogger Feb 2019 #7
Five years ago, Wellstone ruled Feb 2019 #8
Jesus. Those special assessments are scary stuff. Baitball Blogger Feb 2019 #9
We had a very similiar Wellstone ruled Feb 2019 #10
You do have a rare experience. No surprise that golfcourses are failing in Florida. Baitball Blogger Feb 2019 #11
We have specific Rules about using the Wellstone ruled Feb 2019 #12
That sounds like a well run, oiled machine where you live. Baitball Blogger Feb 2019 #13

msongs

(67,499 posts)
1. in hawaii, HOA boards are bound by strict state laws. u will have to check who has
Mon Feb 4, 2019, 09:15 PM
Feb 2019

authority over HOA boards and start filing complaints

Baitball Blogger

(46,780 posts)
5. I think Florida has a crisis with the HOA organizations.
Mon Feb 4, 2019, 09:52 PM
Feb 2019

Everyone seems to have a problem with them. But we shouldn't make a mistake of assuming that we all have the same problem. There are people who want to dismantle the existing HOA resources for their own personal profit. In my case, a group of homeowners here took over our boards with the intention of taking over our common grounds. They kept us ignorant of our rights to stop us from launching resistance to their plans by spreading the meme that our Association was not in the control of the homeowners. And wouldn't be turned over until the new developer finished the sister community. Of course, they held positions on the board with the intention of getting access to the new developer/owner to ask him for the deeds for the common areas around their properties.

When you stop to think what they were willing to do to get them, it's just mind-boggling crooked. I feel we were defrauded because it turns out that our side of the Association was already in our control. We managed to push them off the boards once, but a new group of good ole boys moved in, connected by a combination of family bonds or cultural tribalism. Just the exchange of favors between two of them raises brows. Two old white guys who would serve on our boards and pass off what cannot be mistaken for anything but quid pro quos. One served on the ARB and approved a breached setback. And it looks like that this person's kin folk benefited when the Association didn't stop them from taking over our Association landscaping easement.

I see it all as a combination of breaches of fiduciary duty and quid pro quos. I take it personally because the approved breached setback affected me directly. A chilling experience when the ARB officer wrote in his personal handwriting to the other, "Let me know if you need my help."

Freaked me out because the guy once held a high position in a police capacity. Very intimidating.

So I watch very closely to see how often they meet illegally, if for no other reason, to know what dates to ask for when the time comes to ask for the Association minutes.

 

ehrnst

(32,640 posts)
2. Information concerning this kind of thing would be availalble from
Mon Feb 4, 2019, 09:15 PM
Feb 2019

Community Associations Institute - they have a wealth of information on governance for HOAs.

http://www.caionline.org

A lot depends on your governing documents, and the state you live in.

But here's another source:

https://www.hoaleader.com/public/Can-You-Have-Working-HOA-Meetings-Exclude-Homeowners.cfm



 

Wellstone ruled

(34,661 posts)
8. Five years ago,
Mon Feb 4, 2019, 10:14 PM
Feb 2019

Nevada past specific HOA Laws to prevent those so called secret meetings. Yes,we had some major law suits in the Vegas Valley over HOA Boards being taken over by Real Estate Lawyers and Speculators who had a purpose. Usually the sell off of Golf Course Land to Developers in under the table deals.

Our State Law as to Open Meeting requirements had a loophole built into it and that allowed for what was called Emergency Executive Seasons where the minutes were not recorded or not recorded at all. HOA members were forced to hire attorneys in order to make discovery of these meetings and usually by the time disclosure happened,the real damage was done to their Communities. Thousands of Homeowners ended up walking away because of Special Assessments on each Homeowner that made their Properties unsalable as a result of Criminal activity by unscrupulously elected Board Members through rigged Elections.

Baitball Blogger

(46,780 posts)
9. Jesus. Those special assessments are scary stuff.
Mon Feb 4, 2019, 10:24 PM
Feb 2019

I'll tell you something I learned as a middle child. Collective punishment is a lazy judge, jury and executioner. So be prepared to tell your side of things if you see your siblings making poor judgments that will get you in trouble.

Now, let me tell you what I learned from living in a city that bolstered a good ole boy network in order to undercut HOA procedures that would slow them down: Be prepared to tell your side of things when you see their cronies making poor judgments that might get you in trouble.

In Florida, only the Condominium laws are iron-proof. The State is more forgiving for the HOAs. And that puts my Association in a peculiar position since we have eight multi-family homes that may make us fall under the Condominium laws.

 

Wellstone ruled

(34,661 posts)
10. We had a very similiar
Mon Feb 4, 2019, 10:41 PM
Feb 2019

situation here with the shyster's working the Court House and Certain Judges in order to do their nasty deeds. In our HOA,or CC&R's have built in Rules and Regs to prevent this from happening. If you are a Board Member or for hire Management Team Member. You will be under Bond. The Operations Manager has to endure a FBI background check as well as anyone dealing with our funds or funds application of said funds. Oh,and our State requires those who are day to day Managers of any HOA has to be Licensed by the State Board of Real Estate,same as a Real Estate Broker were you have to undergo another background check.

Proud to say,our HOA is one of the few who has a positive month to month cash flow as well as having a massive Sinking Fund . Oh,our Golf operations is one of the few with a positive cash flow.

Baitball Blogger

(46,780 posts)
11. You do have a rare experience. No surprise that golfcourses are failing in Florida.
Mon Feb 4, 2019, 11:23 PM
Feb 2019

Everyone wants to blame every other reason, but the culture of shysters and autocrats who take over and make the place suck, so bad that people want to avoid bumping into them, even at the country club. So the country club loses potential members.

The cronyism is palpable. Tonight, since I started this thread, exactly at 8:34 pm, two people were walking in the dark on the golfpath behind our house. This almost never happens, except when someone is doing something illicit in the community, and the cronies are afoot patrolling the area for them.

I try to keep my calm, telling myself that all of this will make for an interesting story to write.

 

Wellstone ruled

(34,661 posts)
12. We have specific Rules about using the
Tue Feb 5, 2019, 12:05 AM
Feb 2019

Cart Paths. not to be used as walking paths or using ones Cart just to scoot about the Community via Cart Path system. We do have 24/7 Security patrols both in Car and on Golf Carts.

No of what you say about certain people whom thing it is their private estate and do not follow the Rules that apply to all others. We are fortune enough to have only one or two Guy's who still try to pull that crap,but,they do get called out by our Compliance Officer,btw,she takes no prisoners.

As far as Golf Courses go. We will be profitable for the next five years as per our funding budget and we attract Local as well as new Golfers moving in. There are no new Courses on the drawing boards anywhere in the Valley. In fact,most likely another two or three will cease in the next year or two. After the Tiger Woods thing wore off,not many newbe's to the game. Our advantage is,we do winter packages with Hotel,shuttle Buses to two dozen Courses in Vegas as well as Mesquite and St George Utah. Again,it is all about marketing,and selling a experience . Golf,Casino,great food and great entertainment.

Baitball Blogger

(46,780 posts)
13. That sounds like a well run, oiled machine where you live.
Tue Feb 5, 2019, 01:08 AM
Feb 2019

Last edited Tue Feb 5, 2019, 12:34 PM - Edit history (4)

There has to be something wrong in Florida that these kind of communities are hard to be run properly. In our city, I put part of the blame on an element here that pushed an extreme form of property rights that went over the edge. It was nothing that could stand in court today, but Florida was going through a chaos capitalism era back in the nineties and there was no will in State or Local government to offer any resistance or correct wrong-minded ideas that were spreading across our communities like wildfire. It was all driven by greed and lack of integrity. None of it made any legal sense.

I tracked down part of the wrongful-thinking to a sovereignty core. One of them was very vocal and he applied his beliefs to our P.U.D. Take this in: He was one of the original city attorneys for the city and later, a judge for the county. And there was a large spread in the Master HOA's monthly where he advised the homeowners to reject their P.U.D. Can you imagine? Suggesting that you can just walk away from your P.U.D. master plan. No surprise, one of this city's biggest flaws was that it failed to file a Comprehensive Plan with the State. It had to accept one after the fact when they faced a vested rights issue in court. So, it had been operating without a Constitution.

I think the RDV or RDC days also spread some bad ideas. Remember when bankrupt properties were being bundled up and sold for next to nothing? I think many of our lazy brained good ole boys listened to all of these fast and easy land grab stories and tried to apply this thinking to our PRIVATE Associations within the P.U.D. It was a very weird environment. There was another lawyer in this community that was involved in the RDV/RDC and I always wondered if her relationship with the backwater cronies in my community had anything to do with the way our common grounds were disappearing like it was no big deal. I had to stop and gather my thoughts the day I realized that she processed the papers for the sale of property for her Rotary Club cronies, who would later be part of the hub pushing misinformation in this community.

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