SLR's BODs Not Able to Read & Comprehend The Bylaws!!!

Im Trying
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 27, 2014 22:38:28 GMT -5

Post by Im Trying on Mar 27, 2014 22:38:28 GMT -5

This is a Letter we hand delivered, plus e-mailed to the BOD Officers, Stmb Ixx Inc. and includes e-mail responses to Our Letter:

Subject: SLohA Authorization for Bank Signature Cards/Safety Deposits
March 24, 2014
Note: via Hand Delivery to SLohA Admin office at 499 S-bag Lake Trail
TO: President@SLRmail.com,
VP@SLRmail.com,
Treasurer@SLRmail.com,
Secretary@SLRmail.com,
stambaughinc@verizon.net

RE: SLohA Authorization for Bank Signature Cards/Safety Deposit Box

This letter is to advise that SLohA directors have recently conducted SLohA business in a manner that is contrary to its governing documents with regard to authorizing signatures on SLohA’s depository accounts and safety deposit box. This is the note from the SLohA BOD meeting of March 19, 2014:

"Treasurer’s Report: Financials are on website; things are going good; expenses under budget, everything is progressing well. Signors on account need to be updated with bank with accounts/lock box. Named the authorized signors including D Brnd and Bd Stmb Ixx Inc."

"Edit to Note: Motion the authorized signors named: Peet Brdn, Pres, Chrly Mnc, VP, Alc Knttr, Sec, Stv Sthrd, Treas, D Brnd and Bd Stmb Ixx of Bd Stmb Ixx Inc. Motion passed unanimously."

The Board is reminded that SLohA Bylaws require ONLY Officers to have signing authority on SLohA depository accounts and safe deposit boxes:

"ARTICLE VII--FINANCE Section 1. The funds of the corporation sH all be deposited in such banks or depositories as may be determined by the Board of Directors from time to time, upon resolutions approved by the Board of Directors, and sH all be withdrawn only upon checks and demands of monies signed by such officer or officers of the corporation as may be designated by the Board of Directors."

On behalf of all Members, we strongly urge the Board to immediately call a Special Board Meeting to correct the unlawful action conducted at the previous meeting and remove D Brnd, Director, and Bd Stmb Ixx of Stmb Ixx Inc. as authorized signors to SLohA’s depository accounts.

James & Jew-D Ath, 16 Royal Coachmen

Received By: _____________________________________________ Date __________________

From: Stmb Ixx Inc.
To: James Ath
Sent: Wed, Mar 26, 2014 3:56 pm
Subject: RE: SLohA Authorization for Bank Signature Cards/Safety Deposits

Hello Mr. and Mrs. Ath:
The Association is in receipt of your letter regarding the signature cards. As you cited the documents require an officer to sign checks. Management has recommended and the S-bag association has implemented as an additional step of review to have two individuals sign checks at all times. In order to accomplish this dual checks and balances, it may be necessary to have multiple options of signers from time to time. As long as one officer signs the checks the Association is in compliance with the bylaws. A director or agent signature singularly do not authorize checks. However, the Board of Directors does have the option as necessary to appoint assistant officers and may exercise that option to further validate the signers.
Any questions let me know
.
Thanks
Txxx Sxxxxxx
Executive Adm.
Stmb Ixx, Inc.

To: Stmb Ixx Inc.
From: Jm & Jew-D                                                                                                                                                                                                                                                                                             Subject: Re: SLohA Authorization for Bank Signture Cards/Safty Deposits

Your statement that "as long as one officer signs the check, SLohA is in compliance with the Bylaws" is untrue. That is not what the Bylaw states.
Perhaps you should seek additional guidance from your attorney on this matter to further your comprehension of the language in SLohA Bylaws.
While we appreciate your comments, we reasonably look to our Board to provide an authoritative response.

James & Jew-D Ath
          From: Stmb Ixx, Inc.
To: James Ath
Sent: Wed, Mar 26, 2014 8:44 pm

Subject: RE: SLohA Authorization for Bank Signature Cards/Safety Deposits

Perhaps you should ask before you assume that a legal opinion was not sought. Since you feel the need to state the association is not operating legally, legal advice was sought and the Board did review my response. As you are aware, as management we take care of responding to correspondence and requests of this nature as we've always done in the past and you have accepted as well. Otherwise if you do not wish to get a response from management, then expressly request that in your correspondence and refrain from copying us so there is no misunderstanding.
Unless the Board instructs otherwise, all checks will be dual signed with at least one Officer as has been the case for years. If you wish to seek further legal advice on the matter to further your comprehension of the language or take further action you may do so at your expense.

Have a great day!
Txxxxx Sxxxxx
Executive Adm. Stmb Ixx, Inc.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         : From: James Ath
Sent: Wednesday, March 26, 2014 10:11 PM
To: Stmb Ixx Inc
Subject: Re: SLohA Authorization for Bank Signture Cards/Safty Deposits

Txxxxxx, Since you chose to consult a lawyer, presumably at the direction of the board and paid for with Association funds, please provide a written copy of the attorney's opinion.
Thank You,
Jm & Jew-D Ath
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           From Stmb Ixx, Inc.
To James Ath

Hi Jm and Jew-D,
The advise was done via conversation with the attorney while on the phone regarding other legal matters of course authorized accordingly. No such written opinion is available for you, but if you wish to have one in writing you can request one at your expense.

Txxxxxx Sxxxxxxxx
Executive Admin.
Stmb Ixx, Inc.

.Note: Our correspondence was addressed to SLohA Board of Directors; We should have copied Stmb Ixx Inc. and sH all make it clear in the future that our correspondence is directed to the persons that are answerable to the Members who elected them. Apparently, this matter was thought to be an insignificant "management" concern and mistakenly delegated to our vendor (Stmb Ixx Inc.).
This is exactly the style of Management, we have in SLohA. Pass the Buck.
My assumption is that our Board would reasonably be able to read and comprehend SLR's Bylaws and that expensive legal advice would not be necessary. Wrong !!!

Last Edit: Mar 27, 2014 22:49:17 GMT -5 by Im Trying

BagLady
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 28, 2014 5:25:58 GMT -5 gusto likes this

Post by BagLady on Mar 28, 2014 5:25:58 GMT -5

DOUBLE Horror! We have long recognized that the Board has been rendered impotent and became a titular body many years ago, rubber-stamping every "recommendation" and abdicating its responsibility to Members in favor of its hired boss.

THIS, however, rises to a new level of gutless--insertion of Management Company's interests in front of Board-Member concerns and insisting that the MEMBER who wrote correspondence TO the Board is at fault for including the Management Company! I feel fairly certain that future correspondence to the Board will NOT include the Vendor, Stmb Ixx Inc, so that ALL PARTIES will be able to clearly understand that Members ONLY have conversations of this nature with their elected representatives--not a hired bookkeeper for the employing CAM firm.

It is almost laughable that any attorney with a license would advise that Management's reinvention/reinterpretation of the Bylaws is correct. It is not. The Bylaws are clear--an officer or officers must sign. Here is the rundown of applicable laws:

Articles of Incorporation are CORPORATE laws and are superior to Bylaws and state:

ARTICLE VII
Officers

The affairs of the corporation sH all be managed by a president, vice president, secretary, treasurer, and assistant secretaries and assistant treasurers and such other officers as may be authorized by the Board of Directors.

Further, Articles state that Officers and Directors will be indemnified in activities to the extent that those activities are willingly and knowingly unlawful.

ARTICLE XI
Indemnification

....except in such cases where the director of officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties;

The Articles cannot be reinterpreted, reworded or reinvented unless:

ARTICLE XII
Amendment

2. These Articles of Incorporation may be amended at a special meeting of the membership called for that purpose, by a two-thirds vote of the entire membership.

The Bylaws state that the Board of Directors has the power to delegate only those activities that it is authorized and there are certain acts which it CANNOT delegate:

Bylaws
Section 12
i. To employ a management agent at a compensation established by the Board of Directors and to delegate to such management agent such powers and duties as the Board sH all authorize except those as are specifically required to be exercised by the Board of Directors of the membership.

Drawing funds on SLohA depository accounts is a specific and RESERVED power that the Board cannot delegate:

ARTICLE VII
FINANCE
Section 1. The funds of the corporation sH all be deposited in such banks or depositories as may be determined by the Board of Directors from time to time, upon resolutions approved by the Board of Directors, and sH all be withdrawn only upon checks and demands of monies signed by such officer or officers of the corporation as may be designated by the Board of Directors.

The board has the power to appoint a non-officer of the Board of Directors or a non-Director member as an officer, either as an Assistant Secretary or an Assistant Treasurer:

ARTICLE VI OFFICERS
Section 1. The Directors may appoint one or more assistant treasurers, one or more assistant secretaries, and such other officers as their judgment may be necessary. Such assistants and /or officers need not be members of the Board of Directors.

In order to legally comply with SLohA's Bylaw that deposits can only be withdrawn on order from elected or appointed officers, BOD must hold a regular or special meeting:

1. to remove Bd Stmb Ixx as an authorized signor on SLohA accounts and,
2. to appoint D Brnd (or any other Director or SLohA member) as either an Assistant Secretary or an Assistant Treasurer AND as an authorized signor on SLohA accounts

Note to Board: this is not a legal opinion; it is the way our governing laws are written and and it is not necessary to go running to attorney and pay them hundred of dollars to show you how to read. You can have it for FREE.

Last Edit: Mar 28, 2014 5:28:44 GMT -5 by BagLady

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Anonymous Environmentalist
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 28, 2014 9:22:06 GMT -5

Post by Anonymous Environmentalist on Mar 28, 2014 9:22:06 GMT -5

Gee, I wonder if this over-the-phone advice-giving attorney is the same attorney that told our board secretary, Alce Knttr, who is also the head of the Bingo Committee, over the phone, that it was ok for the manager, Ml Krmku to call the bingo numbers--which is a direct violation of Florida gaming laws.

As per Florida gaming laws, only bingo committee members (who are residents) can call the bingo numbers.

Dick Tracy
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Apr 23, 2014 23:16:00 GMT -5

Post by Dick Tracy on Apr 23, 2014 23:16:00 GMT -5

Why does a resident have to keep requesting a Simple Answer, to a Simple Question. NOTE: I am not going away any time soon...

^{This is The 3rd. Request}

April 9, 2014

To: Board of Directors ONLY via Hand Delivery to SLohA Administration @ 499 S-bag Trail, Lake Wales, FL and email: President@slrmail.com, VP@slrmail.com, Treasurer@slrmail.com, Secretary@slrmail.com

RE: Authorization to Access SLohA Bank Depository Accounts--

Due to a misunderstanding by the bookkeeper from the management Company for including it in SLohA Board correspondence, we are resubmitting a second request to the Board only--without copy to management company.

Apparently, our previous request was routed in error to the bookkeeper, who had an oral conversation with "an attorney" about our concern. As reported, the attorney’s opinion was clearly contrary to SLohA Bylaw. As communicated by the bookkeeper, the attorney opinion was that the Bylaw permitted others to sign checks to withdraw from SLohA depository accounts as long as One officer signature was on the check. Our subsequent request for a confirmatory written attorney response was declined.

We remind the board that drawing funds on SLohA depository accounts is a specific and reserved power that the Board cannot delegate to vendors and non-officers:

ARTICLE VII FINANCE Section 1. The funds of the corporation sH all be deposited in such banks or depositories as may be determined by the Board of Directors from time to time, upon resolutions approved by the Board of Directors, and sH all be withdrawn only upon checks and demands of monies signed by such officer or officers of the corporation as may be designated by the Board of Directors.

The board has the power to appoint a non-officer of the Board of Directors or a non-Director member as an officer, either as an Assistant Secretary or an Assistant Treasurer:

ARTICLE VI OFFICERS Section 1. The Directors may appoint one or more assistant treasurers, one or more assistant secretaries, and such other officers as their judgment may be necessary. Such assistants and /or officers need not be members of the Board of Directors.

Clearly, the Bylaw makes no exception to permitting a non-member, in this case a Vendor, of the Association to be party to depository accounts of the Association. Additionally, the Bylaws require the board to appoint either a member or director as an authorized officer if additional signatures are needed.

We respectfully request that you, "SLR BODs" specifically state the lawful basis which authorizes the board to conduct SLohA business contrary to SLohA Bylaws. Alternatively, we again urge the Board to immediately hold a Special Board Meeting for the purpose of bringing SLohA financial conduct in compliance with Bylaws.

Respectfully,

Jm & Jew-D Ath (16 Royal Coachmen)

Received by: _______________________________ Date ______

Last Edit: Jun 5, 2014 14:20:49 GMT -5 by Dick Tracy

Admin
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Apr 24, 2014 6:59:39 GMT -5

Post by Admin on Apr 24, 2014 6:59:39 GMT -5

You might have to consider complaints outside of SLR to the Department of State, Attorney General or other agencies who might get involved to protect themselves against liability of wrongdoing by corporation directors and officers. The Department of State administers corporations and SLohA is a corporation that is bound by FS617--and that means answering owner correspondence in 30 days.

"Life begins at the end of your comfort zone". --Walsch

Dick Tracy God/Goddess Come to the......."DARK SIDE" we have cookies Posts: 787	SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Apr 24, 2014 8:33:26 GMT -5 Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by Dick Tracy on Apr 24, 2014 8:33:26 GMT -5 SLR BODs and Management just slowly nudge change forward. One day SLR's Residents are going to wake-up and wonder, what the "Hell Happened".....

Im Trying
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 9, 2014 0:03:49 GMT -5

Post by Im Trying on May 9, 2014 0:03:49 GMT -5

Note: 4th Request

May 9, 2014

To: Board of Directors ONLY via Hand Delivery to SLohA Administration @ 499 S-bag Trail, Lake Wales, FL and email: President@slrmail.com, VP@slrmail.com, Treasurer@slrmail.com, Secretary@slrmail.com

RE: Authorization to Access SLohA Bank Depository Accounts-- (4th Request)

Due to a recent misunderstanding in which we were chastised by the bookkeeper from the management Company for including it in SLohA Board correspondence, we are resubmitting a second request to the Board only--without copy to management company.

Apparently, our previous request was routed in error to the bookkeeper, who had an oral conversation with "an attorney" about our concern. As reported, the attorney’s opinion was clearly contrary to SLohA Bylaw. As communicated by the bookkeeper, the attorney opinion was that the Bylaw permitted others to sign checks to withdraw from SLohA depository accounts as long as One officer signature was on the check. Our subsequent request for a confirmatory written attorney response was declined.

We remind the board that drawing funds on SLohA depository accounts is a specific and reserved power that the Board cannot delegate to vendors and non-officers:

ARTICLE VII FINANCE Section 1. The funds of the corporation sH all be deposited in such banks or depositories as may be determined by the Board of Directors from time to time, upon resolutions approved by the Board of Directors, and sH all be withdrawn only upon checks and demands of monies signed by such officer or officers of the corporation as may be designated by the Board of Directors.

However, the board has the power to appoint a non-officer of the Board of Directors or a non-Director member as an officer, either as an Assistant Secretary or an Assistant Treasurer:

ARTICLE VI OFFICERS Section 1. The Directors may appoint one or more assistant treasurers, one or more assistant secretaries, and such other officers as their judgment may be necessary. Such assistants and /or officers need not be members of the Board of Directors.

Clearly, the Bylaw makes no exception to permitting a non-member, in this case a Vendor, of the Association to be party to depository accounts of the Association. Additionally, the Bylaws require the board to appoint either a member or director as an authorized officer if additional signatures are needed.

We respectfully request that you specifically state the lawful basis which authorizes the board to conduct SLohA business contrary to SLohA Bylaws. Alternatively, we again urge the Board to immediately hold a Special Board Meeting for the purpose of bringing SLohA financial conduct in compliance with Bylaws.

Respectfully,

Jm & Jew-D Ath (16 Royal Coachmen)

Received by: _______________________________ Date ______

BagLady
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Posts: 664

SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 10, 2014 6:36:19 GMT -5

Post by BagLady on May 10, 2014 6:36:19 GMT -5

Here's a blog from one who should know the score--the lawyers! Embezzlement and fraud in HOA's is more prevalent than ever! That's because there is LOTS of money and always a fresh supply! And ways to hide expenditures when a budget is counted in the millions and there is no transparency of accounting.

SLohA refuses to produce a check registers for expenditures each month, as is routinely done in other communities. The BOD is refusing to comply with SLohA's Bylaws regarding only officer signatures on bank authorization. This behavior raises a yellow flag!

The way to help keep your piggy bank safe in an HOA is to establish-and comply with--good INTERNAL controls.

Arrests continue against condo/HOA leaders for fraud or theft
By Lisa Magill on April 29th, 2014 Posted in Fraud

The story about the arrest of the former acting president of a homeowners’ association in Sunrise, Florida prompted me to remind community leaders of the most common fraud techniques. It has been a long time since we visited this issue in Condo Associations & HOAs Losing Millions Nationwide.

Fraud and theft in community associations seem to be more prevalent than ever. In many cases the fraud occurred over a period of several years and it is just being discovered now. In the recent case reported in the Sun-Sentinel, funds were allegedly transferred directly from the association’s account to former acting president’s personal accounts. Typically the methods utilized are not that obvious, so do you know what to look for?

Some common fraudulent activities include:

Theft of cash receipts
Under-the-table payments, bribes or kickbacks.
Pay & Return – The employee purposely overpays a vendor. When the vendor returns the overpayment, the employee embezzles the refund.
Kickbacks – The vendor gives the manager money in return for awarding a contract to the vendor or an inflated check is delivered to the vendor and they split the overpayment.
Tampering with checks issued (forged signatures, altered dates, adjusted amounts)
Stealing blank checks or counterfeiting duplicate checks with altered payees
Creating and paying fictitious vendors
Shell Company – An employee sets up a shell company (often with a fictitious name) and bills the employer for goods or services it does not receive. The employee converts the payment to his/her benefit.
Pass-Through Scheme – A shell company (owned by the employee) purchases goods and resells them to the employer at a marked-up price.
Creating inflated or phony expense vouchers
Theft of inventory
Altering purchasing, receiving or shipment records
Paying non-existent employees
Lapping – This involves the manipulation of accounts receivable to steal cash. One payment is taken and then other receivables are applied to the account – the process continues so all accounts would appear current.
Voiding checks – the employee writes a check to a vendor for a certain amount, but records the payment as higher in the books. Then the next check is written for the difference and entered as a void. When the bank statement arrives the checks are destroyed and the account is reconciled as if one payment was made for the higher amount.
Credit card usage and credit card refunds – using the credit cards for personal expenditures or purchasing and returning items, then using the credit for personal expenditures.

These are just some of the examples of the types of fraud encountered by community associations. Of course, establishing (and complying with) internal controls is paramount in order to prevent fraud and to detect it before losses escalate.

Last Edit: May 10, 2014 6:41:49 GMT -5 by Admin

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Anonymous Environmentalist
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 11, 2014 8:18:29 GMT -5

Post by Anonymous Environmentalist on May 11, 2014 8:18:29 GMT -5

I've read a lot of true stories regarding theft/fraud/embezzlement and those that have been caught doing it that run HOA's and/or condo associations.

It's also happening with PTA's (Parent-Teacher Associations), church organizations and other organizations across the country where ordinary people, that were once thought to be trustworthy, were put in charge of large sums of money, which disappeared.

Untrustworthy people in charge that lie are also that much more apt to steal--lying and stealing, after all, do go hand in hand.

When just about every word that comes out of MANBOD's mouths are lies, you have to ask yourselves one question: Is our money safe?

Forensic Analyst Guest	SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 11, 2014 15:41:59 GMT -5 Select Post Deselect Post Link to Post Back to Top Post by Forensic Analyst on May 11, 2014 15:41:59 GMT -5 May 11, 2014 8:18:29 GMT -5 Anonymous Environmentalist said: HELL NO!!!

Father Justice
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 12, 2014 9:40:58 GMT -5

Post by Father Justice on May 12, 2014 9:40:58 GMT -5

Its amusing when I speak with owners on the street that tell me they get 14 day compliance letters in the mail ($6.00 registered) telling them they must comply or else.
The amusing part is that the dummies that send out the letters don't realize most of us read this forum and know that management is full of crap and cant enforce anything and the rules are not only expired but that there is NO PROVISION in the rules for the management to force compliance in any way shape or form through fines or letters.

For the owners that aren't on this forum I am quick to give them a card directing them here and/or letting them see for themselves on my computer.

One thing we owners don't have to assume is that management is pissing in the wind.

Anonymous Environmentalist
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 12, 2014 11:35:24 GMT -5

Post by Anonymous Environmentalist on May 12, 2014 11:35:24 GMT -5

Evidently, it's starting up again, folks!

I'm referring to MANBOD's item on the agenda for board mtg. on 5/14/14 in which they plan on appointing a chairman to the Violations Committee.

Just a reminder to every resident who has expired covenants: MANBOD can NOT force you to do anything and any violations letters they send are meaningless.

GTO
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Life is Tough ! It's even tougher when you're stupid ! Jhn Wayne J ohn Wayne

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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Jul 18, 2014 0:09:03 GMT -5

Post by GTO on Jul 18, 2014 0:09:03 GMT -5

I have been rereading these post about our BODs allowing B ud Stam baugh to have the authority to sign SLohA checks.

"Boy-O-Boy, this is Foolish Behavior and it Smells like Hell."

THE HELL WITH THE MEMBERS, WE DO THINGS OUR WAY, THAT'S "THE BODSWAY".....

That is what I'm thinking

gusto
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 29, 2015 22:17:37 GMT -5

Post by gusto on Mar 29, 2015 22:17:37 GMT -5

The last BOD Meeting it was stated that Bd Stmbg Ixx never did sign-up on the Bank Checking Card.

"So we may have made a difference after all"... It was plainly a Illegal Thought...

Thanks Board For Listening !

Last Edit: Mar 30, 2015 0:50:04 GMT -5 by gusto

Admin
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 30, 2015 7:29:14 GMT -5

Post by Admin on Mar 30, 2015 7:29:14 GMT -5

gusto posted:

The last BOD Meeting it was stated that Bd Stmbg Ixx never did sign-up on the Bank Checking Card.

"So we may have made a difference after all"... It was plainly a Illegal Thought...

Yes they listened--but not with a fiduciary ear. They never responded to FOUR letters!

THIS is the value of correspondence that is OFFICIAL; it puts the board on notice when they act unlawfully. My guess is the "lack of indeminfication" got their attention and they passively chose to not have Bd sign the signature card rather than respond properly to a member's legitimate concern.

"Life begins at the end of your comfort zone". --Walsch

pestcontrol
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 31, 2015 9:39:46 GMT -5

Post by pestcontrol on Mar 31, 2015 9:39:46 GMT -5

Talked with a neighbor who has a family member under 55 years of age who wants to purchase a place within S-bag. Our new manager said that a property purchase could NOT be done by anyone under 55 years of age. That is not only wrong advise, but illegal advise. You cannot stop property ownership based on age.
On the other hand, restrictions under the 55 and older Statue says that at least one person in the household needs to be 55 years of age or older.
So ownership and household members are different.
How many of us have deeded over our properties to one of our children (or more) or grandchild?

gusto Addict "A Friend of Bill W." Posts: 117	SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 31, 2015 15:12:57 GMT -5 Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by gusto on Mar 31, 2015 15:12:57 GMT -5 This is a RV Park... All ages are Welcome! The Sign Means Nothing, so the Judge will say Soon.....

Admin
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! Mar 31, 2015 15:28:48 GMT -5

Post by Admin on Mar 31, 2015 15:28:48 GMT -5

When will owners learn that they cannot get accurate and factual information from the MANBOD? Does it make any common sense that people under 55 cannot own SLR property? That is absurd! Is the manager already drunk on koolaid?

This is not a Bylaw matter--it is a vested property right restriction which MUST be in the contract i.e. the Declaration. Even so, I bet it would be overturned if litigated.

The usual use restriction is related to "occupancy"--not ownership. Where there is an occupancy restriction, there are usually pages of conditions that qualify how a candidate-buyer is to be treated with regard to a rental or ownership-occupancy. This does not exist in any SLohA Declaration.

At the very least, owners should seek an alternate view and form some better questions to ask of the authority-"the law"!

"Life begins at the end of your comfort zone". --Walsch

Dick Tracy
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 11, 2016 14:14:48 GMT -5 observant likes this

Post by Dick Tracy on May 11, 2016 14:14:48 GMT -5

It is high time for a Records Request to SLohA's Secretary for all past and present Written Certifications or Educational Certificates related to SLohA's Board of Directors ......

16RC

Dick Tracy
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SLR's BODs Not Able to Read & Comprehend The Bylaws!!! May 13, 2016 13:57:17 GMT -5

Post by Dick Tracy on May 13, 2016 13:57:17 GMT -5

The statement below is from:

The Florida Dept. of Business Professional Regulation

Frequent as questions: #7

7. As a homeowners’ association director am I required to take a board certification class?

Directors elected or appointed after July 1, 2013, to the board of a homeowners’ association, which meets the definition of section 720.301(9), Florida Statutes, are required to either certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members; or the director may submit to the association an educational certificate from a Division of Florida Condominiums, Timeshares, and Mobile Homes’ approved education provider attesting that the director has completed the educational curriculum. You may access a list of approved education providers at the Homeowners’ Associations link on the Division’s web page.

www.myfloridalicense.com/dbpr/lsc/hoa/LSCMHHomeownerFAQ.html

16RC

Last Edit: May 13, 2016 14:01:24 GMT -5 by Dick Tracy

SLR's BODs Not Able to Read & Comprehend The Bylaws!!!

Post by Im Trying on Mar 27, 2014 22:38:28 GMT -5

Post by BagLady on Mar 28, 2014 5:25:58 GMT -5

Post by Anonymous Environmentalist on Mar 28, 2014 9:22:06 GMT -5

Post by Dick Tracy on Apr 23, 2014 23:16:00 GMT -5

Post by Admin on Apr 24, 2014 6:59:39 GMT -5

Post by Dick Tracy on Apr 24, 2014 8:33:26 GMT -5

Post by Im Trying on May 9, 2014 0:03:49 GMT -5

Post by BagLady on May 10, 2014 6:36:19 GMT -5

Post by Anonymous Environmentalist on May 11, 2014 8:18:29 GMT -5

Post by Forensic Analyst on May 11, 2014 15:41:59 GMT -5

Post by Father Justice on May 12, 2014 9:40:58 GMT -5

Post by Anonymous Environmentalist on May 12, 2014 11:35:24 GMT -5

Post by GTO on Jul 18, 2014 0:09:03 GMT -5

Post by gusto on Mar 29, 2015 22:17:37 GMT -5

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