Condo Elections – Policies, Procedures or Lack Thereof (Fraud)
February 28, 2011 by Dr. Joyce Starr
Filed under Condo - HOA Rights, Condo Elections
Condo Elections: Rights Radio contributor and architect Daniel Baschkier wrote the following letter to the Board of Directors of the “Mystical” Condo, Inc., (yes, a real condo, but by a slightly different name). He learned that the condo’s election procedures were also quite mystical.
Please refer to condo election expert Valmore Lucier’s Condo Board Election Revolt. His anecdotes re condo electioneering & fraud would have you in stitches – if the consequences weren’t so sad. As board victim Karoline Kuebler wrote: “Guess who broke all the rules, who harassed, terrorized, discriminated and destroyed….the Board.” Download the eBook version of our Homeowners Defense Kit.
Board of Directors of the Mystical Condominium Association
Dear Board Member:
On January 17, 2011, I submitted the candidacy form for the Board of Director position to our Property Manager and ask her for specific policies and procedures regarding the regular election process. Although they were very kind, neither the property manager nor her assistant could give me accurate and precise information regarding this vital process for our democratic election. I understood that passing the exam for the Florida Bar or the CAM license doesn’t turn these professionals into association election specialists.
Florida Statute Chapter 718.112(2)(d)(3) and Chapter 61B-23.0021 of the Florida Administrative Code provide specific rules and previsions for election process. Property Managers, Attorneys and Board of Director need to know this process.
Pursuant to Florida Statutes Section 718.5012(9) the Office of the Ombudsman can provide us with an election monitor. It’s a very good investment in the peaceful, neighborly relationships of your community, especially if there are already rumors of malfeasance and election fraud circulating among your neighbors. Election Monitor policies and procedures of condo board elections prevent controversy, manipulation and misconduct.
Surprisingly, many unit owners were opposed to signing the Petition. They were mislead and misinformed regarding the role of the Monitor and about the cost and fees. Furthermore, some unit owners feel afraid and intimidated. The total cost of the Election Monitor will be around $300.- or free if the Ombudsman attends in person. The information that was circulated was incorrect, not thousand of dollars.
Unfortunately, the Petition for Monitor Election was denied. Celebration of this denial clearly shows lack of neutrality. Management Office should play an impartial role and conduct themselves accordingly, safekeeping the interests of all 309 units equally. This would be an excellent opportunity to show all unit owners transparency and lack of interest in personal agendas. A fair election is a very effective way to guarantee the integrity of our association and can save a lot of money and frustration.
“The integrity of elections in condominium associations has been seriously compromised. Legislative reforms are required to ensure that condo owners have democratic election procedures in place that are firmly enforced.”
Sincerely,
Daniel Baschkier
CC: Board of Directors and Property Manager, Office of the Condominium Ombudsman.
Read more about your condo rights.
Condo President Breaks Condo Rules: Condo President Transfers Funds
June 30, 2009 by Dr. Joyce Starr
Filed under Condo - HOA Rights, Homeowner Rights, Topics & Guests
A condo president moves thousands of dollars from the condo Association’s reserve account without proper signatures. He could be planning to abscond with and/or draw down Association funds. Show date: July 2, 2009.
My guest is the condo treasurer and an experienced account in her own right. The condo president, who declared bankruptcy only a few months ago, recently transferred hundreds of thousands of dollars out of the condo’s reserve account – without the required signatures – into newly established accounts at other banks, (including the bank where he maintains his mortgage).
The treasurer begged her fellow Board members to stop the transfer. She also spoke with the police and with the condo’s attorneys. All to no avail. I provide coaching services to condo owners and HOA members on their condo problems/HOA problems. Each condo rights and HOA rights case is different. However this situation is so worrisome that the treasurer agreed to share it with my listeners.
How to Listen: You can listen to the streaming replay of this show below. Bookmark this page and tell your friends.
Condo presidents/HOA presidents are not the only problem. Our Special Report explains how condo association & HOA owner managers often exploit their condo associations and HOA homeowners associations – and what can be done to stop such practices.
Condo Owners & HOA Owners as Condo Managers - HOA Managers
Condo association owners who serve as Managers – paid or unpaid – can more easily take control of Association funds.
More about this special report….
Listen to heroine Isabella recount her effort to protect Association funds. Click the play button below. Phone 786-693-4223 if you need help on your condo rights or HOA rights problem:
Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.
Learn how to protect your condo rights and hoa rights here.
Related Condo Association Posts:
Condo Management by Condo Owners: How HOA & Condo Managers Exploit Associations
Condo Fees, Condo Assessments: HOA/Condo Rules and Your Rights
Condo Fees, Condo Assessments: HOA/Condo Rules and Your Rights
Condo & HOA Problem Solving Solutions
