QUESTION
what can I do if I feel my monthly HOA fee is not being allocaated properly.
Asked on Sep 26th, 2012 on Real Estate - Florida
More details to this question:
I pay for mulching, pressure washing, pest control, and pool maintenance. i have been here a year and none of that has happened.
1 ANSWER
Probate & Trust Attorney serving Sarasota, FL
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Christopher K. Caswell, P.A.
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If the directors of the Association have breached their fiduciary duty, you have the right to take action against them. I suggest that you contact an attorney that has experience in litigating against associations to get guidance on the process and costs of doing that. More practically, you might want to gather any additional members of the Association and discuss this with them. You might find that at the next election, board members can be replaced and a more effective and functioning board can do a proper review of maintenance requirements and assessments.
However, many boards these days are struggling with the fact that due to delinquencies and foreclosures, they are not receiving the anticipated assessment revenue that is needed to support the full operating budget that they adopted. In that event, they have to decide how to most effectively spend the Association money and it could be that the items that you listed were not deemed a priority given the limited funds they have received.
If you wish to follow up and ask more specific questions and provide more details and specifics, we can forward to you the necessary documentation to engage our services. However, until that occurs, we cannot offer you legal advice. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Answered on Oct 08th, 2012 at 5:02 PM