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While on the board, I have made repeated attempt to get information

 
 
 

Customer Question

While on the board, I have made repeated attempt to get information about Home Owner's paperwork, and financial statements.The President sent a registered letter, so that the sec/treas. would bring all paperwork to the next board meeting. After four hours, and three verbal attempts he did not bring it in from his car, I left, he brought the paperwork in, but the president stated in the minutes he failed to bring the HOA computer.Furthermore,changed the account code for the financial records, in the night, then changed it back after I told him this is possibly illegal. He denied doing this by email to the president, then, in an e-mail stated he did. But did not contact the other signer's of the account when he did this. I have asked to see paperwork and my president. He has refused, I resigned and feel I have more rights as a home-owner,asked for a special meeting.He has lied to the board members, slandered three of the board members.My question is what legal steps can be taken?

Submitted: 1006 days and 9 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Florida

Already Tried:
Sending e-mails requesting to see all legal paperwork in it's entirety. As a board member asked for his removal as sec/treas. pending an audit and a lookover of the paperwork, because only the home-owner's can vote him off, % of paying home-owners. Asked for an audit repeatedly. Sent letters to the home-owner's asking for them to write in and ask for a special meeting. Wrote an e-mail to the association lawyer, which he said I cannot write to him, just telling him what the sec./treas. is doing. The board sent him a registered letter requesting to bring all paperwork to board meetings. The president went to the bank to get the change of code, or reset for proof that he did it, and made copies of e-mail stating his lie. Tried to find information through blogs and other sites of what can be done in this matter.      

 
 
 
 
 
 
Posted by RayAnswers 1006 days and 8 hours ago.

Expert's Answer

Thanks for your question.the board can ask for resignation. If you beleive there is criminal wrongdoing report it to the authorities in your area.

Also you can complain as homeowner and file suit if you feel there is mismanagement. You certianly have civil remedies but you will need a lawyer here to file and seek recovery. I wish you good luck here

 
 
 
 
 
 
1006 days and 7 hours ago.

Customer Reply

I have already asked for this, his removal, is it illegal to change the account code, lie about doing it?

 
 
 
 
 
 
Posted by RayAnswers 1006 days and 7 hours ago.

Expert's Answer

I would certainly argue it is and reprot this to law enforcement here. To me it would be criminal and a violation of his official capacity to do so. Wow lot of shenanigans here. HOAs get sued all the time for this kind of wrongdoing and rightfully so..

 
 
 
 
 
 
1006 days and 7 hours ago.

Customer Reply

Lastly, before I go. I greatly appreciate this. Now, since I have proof that this was done, accounts not kept up, over spending and lies, which I have proof, papers to prove this, his new claim is that I have slandered him. I have made no mention of name calling, which he has done to me, and I have e-mails of this proof. Can this also be added to the suit and further litigation?

 
 
 
 
 
 

Accepted Answer

If you can prove it then slander is out.Truth is a defense to any kind of defamation here--be it libel or slander.

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Expert: RayAnswers
Pos. Feedback: 98.4 %
Accepts: 10052
Answered: 8/21/2009

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25 years in civil, criminal, family, probate, elder issues, and administrative law

 
 
 

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