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HOA Dispute with Owners

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bbflboy

Junior Member
What is the name of your state (only U.S. law)? Florida

Myself and a number of owners in a condo association have a number of grievances with our HOA and their performance. As I am new to the US, my knowledge of HOA law and our respective legal rights is hazy.

So any professional or experienced advice on the following would be really appreciated:

1) In the past 2 years, the HOA have moved into the community's club house and have effectively taken it over for commercial use and to market the rentals in the community. All the owners that I have met did not approve this and are opposed to their occupation of our communal building which forms part of our fees and rights as part of our deeds.

Effectively, we no longer have a useable clubhouse to congregate anymore without feeling that we are imposing on their commercial premises.

What are our rights to have them removed to relocate to a purpose built office rather than 'highjacking' our communal premises?

2) It has come to my attention that the HOA have failed to present any financials for several years and this is a mandatory requirement to ensure all property owners can see the balance sheet. Again, many resident owners have asked for these and promises of supply have failed to materialise in receipt of any financial accounting info.

Is there a Florida law that states they are in breach of state law and must present these documents or face litigation?

Any sound advice on the above items would be greatly appreciated.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

Myself and a number of owners in a condo association have a number of grievances with our HOA and their performance. As I am new to the US, my knowledge of HOA law and our respective legal rights is hazy.

So any professional or experienced advice on the following would be really appreciated:

1) In the past 2 years, the HOA have moved into the community's club house and have effectively taken it over for commercial use and to market the rentals in the community. All the owners that I have met did not approve this and are opposed to their occupation of our communal building which forms part of our fees and rights as part of our deeds.

Effectively, we no longer have a useable clubhouse to congregate anymore without feeling that we are imposing on their commercial premises.

What are our rights to have them removed to relocate to a purpose built office rather than 'highjacking' our communal premises?

2) It has come to my attention that the HOA have failed to present any financials for several years and this is a mandatory requirement to ensure all property owners can see the balance sheet. Again, many resident owners have asked for these and promises of supply have failed to materialise in receipt of any financial accounting info.

Is there a Florida law that states they are in breach of state law and must present these documents or face litigation?

Any sound advice on the above items would be greatly appreciated.
Why is the HOA involved in renting units in the community?
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Florida

Myself and a number of owners in a condo association have a number of grievances with our HOA and their performance. As I am new to the US, my knowledge of HOA law and our respective legal rights is hazy.

So any professional or experienced advice on the following would be really appreciated:

1) In the past 2 years, the HOA have moved into the community's club house and have effectively taken it over for commercial use and to market the rentals in the community. All the owners that I have met did not approve this and are opposed to their occupation of our communal building which forms part of our fees and rights as part of our deeds.

Effectively, we no longer have a useable clubhouse to congregate anymore without feeling that we are imposing on their commercial premises.

What are our rights to have them removed to relocate to a purpose built office rather than 'highjacking' our communal premises?

2) It has come to my attention that the HOA have failed to present any financials for several years and this is a mandatory requirement to ensure all property owners can see the balance sheet. Again, many resident owners have asked for these and promises of supply have failed to materialise in receipt of any financial accounting info.

Is there a Florida law that states they are in breach of state law and must present these documents or face litigation?

Any sound advice on the above items would be greatly appreciated.
**A: thye answers to your questions are yes and yes. Read your condo docs and past years of Board meeting minutes.
 

festival

Member
Regarding financials. Check out Florida law for condos 718.111, the sections on Official Records, and Financial Reporting. (for Homeowners associations, Florida law 720.303.) The association must allow inspection or else pay you damages (but there are plenty of conditions for this to happen). You can also check your governing documents for financial reporting requirements.
 

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