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O/T Condo Update & Suggestions Welcome

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BlondiePB

Senior Member
What is the name of your state? FL

First, for those members that have helped me, pointed me in the right direction, and given me moral support throughout this ordeal, thank you, thank you, thank you, thank you. Y'all know who you are, and there's no words that can express the amount of my appreciation and gratitude.

The BOD (BOD not) held a special meeting last night and was tape recorded by me. They, BOD-not, wanted owners to give them the authority to change any By-Law and House Rule as they so please. When I said, "you (BOD) have no authority to do that or anything. We don't have a BOD because the election By-Laws were willfully disregarded," the fur started flying. Prior to the fur flying, the Pres-Not refused to sign for a hand delivered letter. It was a notice to petition the court for a receiver, that I properly posted prior to the meeting. She then said that she would not accept any mail from me. A copy, not origal, notice was sent to her today CRR & Restricted Delivery. The last CCR & Restricted Delivery letter came back unclaimed.

Per FL statute, I have the right to speak & speak uninterrupted for 3 min on issues. Well, they called the police with the intention to have me removed from the meeting. The cops came, but to their (BOD-not) dismay, I was not removed. :D

Not to my surprise, the new roofs are still leaking. I've only been complaining about it for 18 months. :rolleyes: The roofing contractor, that re-roofed the entire roofs after Hurricane Wilma, has filed bankruptcy. So, basically, we owners are up the creek.

The only way I see out of this are:

1) for the owners to sue the BOD, so their liability insurance will cover this. Both the 2005 BOD and 2006 BOD needs to be sued. However, I'm not sure if this would be 2 different incidences; :confused:

2) the State has a special fund for stuff like this (I did mention this at the meeting, but of course was ignored as usual. The BOD has all but a few owners convinced that I'm ignorant & don't know what I'm talking about).

Would y'all (who don't know) believe that the BOD-Not didn't even at least have any contractor have plumbing hooked back up (except water heaters). I have no running water in my condo. Heck, my toilet was left in the bedroom. I thought the HOA had to at least have the apts returned to a habitable condition. :confused:

Given the roof situation, there's no point for me to even do any more repairs so that I can go home because I have absolutely no doubt that black mold is growing in the rafters again. Furthermore, how the heck could I even sell my apt due to all I know about everything.


The State received a complaint (via fax) from me last Friday. Including documentation to back up the complaint, it was 26 pages. This BOD-not will also be reported for insurance fraud & embezzelment. The 1st allocation of our construction fund to repair the apts were also spent on very expensive things that were not hurricane related. Those funds were depleted & the reconstruction of the apts stopped for months. The surplus of the 2nd allocation were not dispersed to the owners, as so stated they have to be done in our By-Laws. The BOD-not spent them on other things, totally against the By-Laws. I did get the Pres-Not to say in front of everyone there yesterday that she does things "by the book". :D

The HOA now has 30 days to have a BOD election or the Petition To Appoint A State Receiver is filed. I really don't think they all will wake up and smell the coffee. I understand that the Receiver can terminate the Association and am wondering how that will affect any individual lawsuits against the HOA.

While the 30 days are tolling, FL statute 718.118 affords me equitable relief for being displaced so long. That statute also states I can partition, but I don't understand what that could/would do for me yet.

Since two heads are better than one, any other possibities I haven't thought about are welcome.
 


moburkes

Senior Member
Hmmmmmm. You know, insurance is about the only thing that I can comment on. Your leaky roof problems aren't over. If the insurance company has already paid for the claim, they're not going to pay again. If the contractor who f'd up went BK, the BOD needs to be listed as a creditor, especially if he has ANY assets to attach. You need a local attorney, and he won't be cheap.

edit: However, if the contractor had E&O insurance, or a bond, WHO HOOOOOOOOOO! You need to find out that information.
 

BlondiePB

Senior Member
Hmmmmmm. You know, insurance is about the only thing that I can comment on. Your leaky roof problems aren't over. If the insurance company has already paid for the claim, they're not going to pay again. If the contractor who f'd up went BK, the BOD needs to be listed as a creditor, especially if he has ANY assets to attach. You need a local attorney, and he won't be cheap.

edit: However, if the contractor had E&O insurance, or a bond, WHO HOOOOOOOOOO! You need to find out that information.
Great ideas, moburkes. Thank you. Hopefully, this won't fall on deaf ears.

Briefly, what's E&O insurance. I'll look up the contractor's bankruptcy for the creditors. We were told that the contractor is trying to get the HOA to pay the balance of $6,000.00 not paid to him. The contactor has also tried to get individual owners to pay him money.
 

moburkes

Senior Member
Here is some info from the internet:
Errors and Omissions Insurance
We live in a litigious society. Is your business prepared?

The threat of a devastating lawsuit against your business is real. Actuarial consulting firm Tillinghast estimates that America's civil liability system cost $233 billion in 2002, marking a dramatic increase in civil litigation from previous years.

Protect yourself from unexpected legal actions and serial litigators by investing in professional liability insurance, also known as errors and omissions (E&O) insurance.

E&O insurance supplements your standard businessowners policy and insures your business against client claims of error, omission, or negligence during the performance of your professional duties.
Besides covering losses and legal expenses (up to set limits), E&O insurance also can be used to fight slander, libel, and breach of contract.
Specialized forms of errors and omissions insurance are available for a variety of licensed professions, including:
 

BlondiePB

Senior Member
Here is some info from the internet:
Errors and Omissions Insurance
We live in a litigious society. Is your business prepared?

The threat of a devastating lawsuit against your business is real. Actuarial consulting firm Tillinghast estimates that America's civil liability system cost $233 billion in 2002, marking a dramatic increase in civil litigation from previous years.

Protect yourself from unexpected legal actions and serial litigators by investing in professional liability insurance, also known as errors and omissions (E&O) insurance.

E&O insurance supplements your standard businessowners policy and insures your business against client claims of error, omission, or negligence during the performance of your professional duties.
Besides covering losses and legal expenses (up to set limits), E&O insurance also can be used to fight slander, libel, and breach of contract.
Specialized forms of errors and omissions insurance are available for a variety of licensed professions, including:
Execellent!!

My notice to petition was removed. There's no way it could have blown off the bulletin boards. I discovered this about 2 hrs ago.
 

moburkes

Senior Member
Did you replace it with another one? Did you take a picture of the poster with a date/time-stamped camera?
 

BlondiePB

Senior Member
Did you replace it with another one? Did you take a picture of the poster with a date/time-stamped camera?
I took pic with digital camera after posting it. I'm back here at my computer running off more copies, then going over with camera & tape recorder. Property manager here told me to look in statutes & by-laws regarding the amount of time the notice must be posted. He also suggested FL Statutes Chpt 617 if nothing is found in my by-laws or Chpt 718 of FL Statutes. I have found nothing yet.

Another owner agreed to keep watch. When/if I find posting info, I'm walking across the street to investigate and take pics of bulletin boards. :D

(edit: camera is digital)
 

BlondiePB

Senior Member
This is better than a soap opera.
Too funny.... :D

If all this wasn't meticulously documented (camera, tape recordings & journals) and witnessed (including fire, electric & building insectors), I'd have a very hard time believing the poster.

BTW, the replacement posting of the notice lasted less than 3 hours. So, I had to come back run off more copies and post it again. This time a note written in pen was written on the Notice To Petition. Basically, it was smile for the camera!

I really can't believe no one over at my HOA has noticed my car parked across the street here and have figured out where I've been residing. :rolleyes:

The 1st Notice posted was noticed removed yesterday afternoon by other owner.



Tune in tomorrow...:eek:
 

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