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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116716
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Alyce Hundley, treasurer of Blue Heron HOA in Florida. Our

Customer Question

Customer: Alyce Hundley, treasurer of Blue Heron HOA in Florida. Our enforcement officer of our 5 member board has on her own created a "covenant committee" to solve an issue of an illegal "shed" on a members property. It seems to me she has opened a "can-of-worms" of which our Board and HOA can be sued. The "shed" member has been sent 2 letters by this enforcement officer stating her unilateral opinion.
JA: Thanks. Can you give me any more details about your issue?
Customer: In which she stated in her letters that the "shed" violator member could request an appearance before this (Covenant Committee) to plea their case. And by-the-way this new member was NOT given a copy of the CC&R's by the realtor. However, this enforcement officer of ours on her own formed this (illegal) Covenant Committee on her own without Board approval or authorization with we know is invalid. Thanks for any input as we don't need to get sued. As a side thought, how do we get rid of this enforcement officer off the BOD so that we won't continue to have this problem in the future? She has made many 'mistakes' in the past. Just last week had to appoligize to a member (in writing) for false accujastions. sorry for the spelling--trying to type to fast etc... AH
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes.......the Pres of our BOD is on the phone now. Thanks.
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The PRESIDENT of the board controls the board, not the treasurer. It is not a legal committed called by a treasurer, it needs to be done either by the president or by the board as a whole after a vote of the board. At this point the BOD has a legal duty to step in to protect the association and stop the treasurer from acting outside of their legal powers. The powers of the treasurer is to pay bills as directed and account for funds. So the president needs to call a meeting and the board needs to act to stop this situation or the whole board can be liable. The board needs to get rid of the enforcement officer, send a letter to the shed member with the CC&R enclosed and the board needs to decide on whether or not to grant a waiver (not the treasurer on their own).
You need to take out the bylaws and CC&R and you need to follow them to the letter and if you do not do so, you will all be liable for acting contrary to those governing documents.
So the first step is your president needs to call an emergency meeting of the BOD with proper notice in accordance with the bylaws and the board needs to vote to 1) remove the enforcement person and 2) rescind anything done by the treasurer and 3) issue an admonishment to the treasurer about acting outside of their legal responsibilities and then 4) to send a letter to the shed member as I said and decide how you want to handle the shed issue.