HOA Owners Recall Board Members Who Are Renters

LAKEBRIDGE HOMEOWNER'S ASSOCIATION, INC., POMPANO BEACH, FL

An Opinion By Jan Bergemann

Published December 11, 2005

 

A little notice popped up Saturday afternoon, December 10, on the bulletin board of the Lakebridge community in Pompano Beach -- a community that was hit hard by Hurricane Wilma. The notice announced:

LAKEBRIDGE HOMEOWNERS ASSOCIATION, INC

 

SPECIAL BOARD MEETING NOTICE

 

DATE:    MONDAY,  DECEMBER 12, 2005

TIME:     11:00 AM

 

PLACE:  LAW OFFICE OF ROBERT KAYE & ASSOCIATES

              6261 NW 6 WAY, SUITE 103

              FT. LAUDERDALE , FL 33309

 

                                  AGENDA:

     1.      RECALL OF CURRENT BOARD MEMBERS

Actually, the notice when finally posted, didn't really meet the 48-hour notification requirement according to the Florida statutes, but let's say it came close?  And people in this community are in the meanwhile used to the fact that things are not done by the rules.

It's pretty obvious that the time -- Monday, 11 AM -- was picked so most people, who have to work for a living to pay their association dues, can't participate!  

Short notice for a long story!  It took the members quite a while to find out that three of the board members they had elected to run their association were not actually owners.  Actually, some owners started to wonder why some of the decisions made by their board, especially after Hurricane Wilma, could be considered dubious and in the opinion of many owners created liabilities actual owners wouldn't dare to risk.  A quick look on the website of the Broward County Property Appraiser solved the puzzle: Three of the board members didn't even own property in the Lakebridge HOA!

 

But this is not all:  Everybody will be looking to see what role attorney Robert Kaye will play in this game.  As the attorney of the association, paid with association dues from all 'members', Kaye should advise the board according to the fact that he represents the interest of all owners of this association.  But many think he will be hard pressed to do just that.  The reason is pretty obvious: Many homeowners in this community blame attorney Kaye for creating huge cost for the homeowners with a lawsuit that the association finally lost -- at very high cost.  According to insiders, if the new board is installed, the new board will drop Kaye as the association attorney.  Maybe a conflict of interest? 

 

When following the many recalls we recently saw in associations all over Florida, it seems that recalls are often directed against the association attorneys and/or managers.  If boards are recalled, often the association attorneys and managers are the first to go!  Maybe for a reason? 

  

Watching the process, observers get the impression that owners recall boards in order to remove the attorney who had been hired by this board, often to the dismay of many homeowners!

  

The owners are waiting for the outcome of this special board meeting -- and what attorney Kaye will tell the recalled board members to do.

 

But if that's not enough for one week -- the regular annual meeting with election will take place on Tuesday, December 13, just one day after the recall meeting.  It is pretty obvious that emotions will fly high.  At last year's meeting attorney Kaye took over the meeting and told members to sit down and shut up!  Much to the dismay of owners, who didn't know how to handle such a situation.  The attorney they pay with their dues telling members to “sit down and shut up” at a membership meeting?  Isn't that going a little too far?

 

We'll see where it goes this year! The actual homeowners are definitely better prepared and did their homework. The recall was Part 1 of their plan!

 

I can understand that homeowners don't like seeing their community hijacked by outsiders!


OWNERS SHOULD RUN THE SHOW!

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