The problems in Hunter's Run HOA in Lakeland are still far from being resolved. Still missing is a legal explanation for quick removal by petition of an unwanted director, who had just been elected by the membership at the annual meeting.  And it seems like the players are not very forthcoming and not backing up their talks and actions with legal explanations. 

During the board meeting, which was called to get rid off this unwanted director , he read a letter into the records asking for a legal explanation. His research -- and that of other people searching the Florida Statutes FS 720 -- didn't find any mention of “recall by petition.”  He was under the impression that a proper explanation from the board was due, since his rights and the rights of other homeowners who had voted for him at the annual meeting were violated. 

Definitely this wasn't agreeable to Lou Ellen Wilson, the Community Association Manager, who signs as “managing agent” and mostly runs the show in Hunter's Run. Not only is she sitting at the Board of Directors' table and is once in a while participating in the voting procedures, she is as well inclined to dispense legal advice and get the board members in line, if she doesn't like the way they are doing business , or she gives her personal interpretations of the Florida Statutes and governing documents.  

After first backing down and declaring that there was no written opinion by the attorney, she is now hiding behind the excuse of attorney/client privilege . Definitely bad politics! Because if these kinds of actions will cause a lawsuit, a written opinion by an attorney can be very valuable for the question: WHO is paying the legal fees for this lawsuit?

In an interesting exchange of letters, Lou Ellen Wilson defends this position despite the fact that there is no pending lawsuit .Common sense clearly dictates that somebody who gets kicked out of an elected position should have the right to have the legal reasons explained to him. But not so in Hunter's Run and definitely not in the opinion of Lou Ellen Wilson!

According to Florida Statutes, even a meeting between board and attorney has to be announced and homeowners are allowed to attend. The only exception: Discussion of (quote) “proposed or pending litigation”! In this case there is neither proposed nor pending litigation. The only question -- still left unanswered:  WHY was a director removed from the board by methods not specified in the governing documents nor in the Florida Statutes regulating homeowners' associations?

It is always bad if boards follow directions from people who consider themselves experts, but who are actually just hired hands.  In our society people are easily impressed by titles or some letters behind the name.  Please don't forget that to earn the letters CAM in Florida you need only to attend a course lasting about 8 hours, including a small test. Then you write a check for the fees and voila! you can impress all homeowners by adding the letters CAM behind your name. 

But one of the important things you are supposed to learn during this course:  Never get involved in legal discussions or interpretations, because you are not an attorney!

In my opinion, board members should much more rely on their common sense, and should once in a while do some research on their own. Many costly mistakes could be avoided and peace within the community could easily be restored. Don't forget, it's always the homeowner who pays for the cost of wrong decisions -- not the people who may be actually responsible for the board making the wrong decisions.

Please don't forget:  A wide majority of people bought their homes in order to enjoy a nice peaceful home  --  not to be involved in nasty neighborhood politics. But apathy among the homeowners can be very costly, if a board violates its fiduciary duty.  Remember an old wisdom among homeowners:  "A good association is only one election away from dictatorship!" 

Especially if board members refuse to give understandable explanations for their actions and hide behind phrases like “attorney/client privilege”!