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.
Not to my surprise, the new roofs are still leaking. I've only been complaining about it for 18 months.
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;
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.
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".
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.
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.
Not to my surprise, the new roofs are still leaking. I've only been complaining about it for 18 months.
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;
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.
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".
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.
