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I own 2 units in Kissimmee, I was on the board for 5 years,

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Hello, I own 2...

Hello, I own 2 units in Kissimmee, I was on the board for 5 years, 2 years ago after I was off the board our troubles began. We have a big problem, most of the the rules, and regulations, and bylaws registered with the county have been ignored. There has been an illegal board since April of this year (2 members only). There was an annual board meeting in September, a new budget passed raising dues, and accepting a $500,000.00 loan, none of the owners were advised. They made sure that the owners could not attend, or participate. If this half million dollar loan is used it will bankrupt Sweet Water, 119 units, we can not dept service this loan, even with the added dues. Is there any thing we can do, or is there a governing board we ca go to, before the inevitable happens? Thank you Tom Bories

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I am in Florida, Kissimmee. At this point nothing has been filed, we need to know who to go to.

Lawyer's Assistant: Has any paperwork been filed?

I am not sure, we can not get any answers, and the two supposed board members live out of state, and are beginning the process of selling their condos.

Submitted: 7 months ago.Category: Legal
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Answered in 14 minutes by:
12/6/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,941
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First off, it the meeting was illegal and without notice, then any action they took would be illegal and void. There is no governing board or agency over these associations. While the Attorney General may take complaints for violations of the HOA act, they cannot take legal action and if the board does not respond, the owners must file a declaratory judgment action against the board/association and take them to court to fix all of these issues. As far as enforcement of bylaws and rules, that is discretionary to the board to enforce the rules and bylaws against owners, so again, that would be something you would have to deal with as part of your declaratory judgment suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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