Q. I have written the board using your advice but it is non-responsive to my concerns. It rarely has meetings, leaving the decisions up to one or two of the officers. They do not answer voice mails using the office phone, answer email, or letters. Our landscape rarely is cut or pruned in the common areas. The grass is overrun with weeds and is about six inches high around our clubhouse. The same is true for the entrance of our community. I am thinking that my best action is to sell and move to another community. I feel that I must take my loss and run. Why should I stay and let the board upset me?
It is not the best time to sell with the community not looking its best. I would suggest that you meet your neighbors to see if they will help force the board to perform the necessary maintenance. Once you have some members supporting your position, write a letter to the board to call a meeting to explain to the members why they are not keeping the community in proper condition. If you cannot get any answers, then start to seek members who will become candidates and vote out the board at the next annual election.
Encourage your neighbors to stand and assume some of the workload. Get in the trenches and become a leader.
Q. I live in a community where there are two HOA and one condominium, each with their own boards along with a master boards. The master board is composed of the three presidents of each association. When the master board votes on one of the associations it has one vote but the other two associations have two votes per president. Is this legal? If so, how can it be changed to one vote each?
S.T., Port St Lucie
The answer will be found in your documents. Some master boards have multiple votes representing associations that have more homes and fewer votes if they are smaller communities. To change the vote numbers, you would need to change your document. You should engage an attorney to help evaluate how the documents establish the number of votes and how to modify the documents.
Q. You recently wrote about the requirements for an adult community. I have lived in this community for almost 10 years and we never had a census taken by the board. Last week, I received a notice to fill in that appears to be the census you discussed. Apparently someone on the board saw your article. Here is my problem; it was attached to a letter from an attorney. He explained that to comply with the Adult Community Laws we had to fill in the form. Since we did not have a census in the past years, does this make us legal?
M.A., Fort Lauderdale
Most likely it will. However, if you had a claim or lawsuit from past years, it may not protect your community from those lawsuits. The information included in your letter included the letter the attorney and census form. The attorney is well-known and the census form should be completed and returned to the association’s office as requested. The process is nothing more than to bring your community into compliance.