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Removing BOD For Fraud

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BlondiePB

Senior Member
What is the name of your state (only U.S. law)? FL

It's been a long time since this issue has been discussed by me. The games still continue, including lying to state investigators. Therefore, I ran for the BOD.

The election was invalid. The president of property mgt., who has a CAMS license, did not know proper procedure. Inner & outer ballot envelopes were not brought, and votes not in envelopes were counted. There were quite a good number of ballots not cast in inner & outer envelopes. Another owner voted for an absent owner thinking that voting for the BOD could be done with a proxy.

When I spoke up, the jughead from property mgt had to make a phone call to verify this only to discover I was correct. Outer ballot envelopes, that were not inspected for validity, were going to be discarded until I spoke up about this too.

At the moment, there is one change in the BOD. This person wants to also know where the heck all the money is going too.

According to FL Statutes: (o)Director or officer offenses.—A director or officer charged by information or indictment with a felony theft or embezzlement offense involving the association’s funds or property must be removed from office, creating a vacancy in the office to be filled according to law until the end of the period of the suspension or the end of the director’s term of office, whichever occurs first.

And: 8.Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director.

What I cannot find is the answer to this question: Once a police report is filed, who removes the BOD member(s)?

There will be one BOD not in the complaint, the new one.
 


TinkerBelleLuvr

Senior Member
Is it under receivership?

If not, why are there state investigation? Is it thru the which office? If it not a receivership, then it is considered a civil matter and must go to circuit court. Petition the court to remove the people.

Boils down the the people trying to do the right thing pickup the court costs.
 

BlondiePB

Senior Member
Is it under receivership?
No.
If not, why are there state investigation?
Denying access to association records, failure to provide owners with a copy of proposed, adopted budgets, creating reserve fund within a fiscal year, and other budget issues.
Is it thru the which office?
Department of Business & Professional Regulation.
If it not a receivership, then it is considered a civil matter and must go to circuit court. Petition the court to remove the people.
Stealing our money is criminal not civil. I have proof with records that were accessed.
 

TinkerBelleLuvr

Senior Member
You have to have a judge who is going to have to remove them. We have the same problem with $116K missing. It's civil.

Could go to small claims court - only the prorated share of YOUR share that was stolen.

Who is the association's attorney? have you notified them of the theft?
 

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