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Do you have any information pertaining to a community that is under construction and is about 60 % Build out. I live in Florida in an HOA under FL Statute 720. What rights to a homeowner have that is controlled by the developer until turn over. Such as; Budgets, awarding of contracts for services and lawn care. Developer awards contract to high bidders instead of taken low bidders with same requirements, I mean serveral hundred thousand dollars more which inturn
When ask about this they say they can do what ever they want to and award contracts to who ever they want to until the turn over takes lace. Is there anything that can be done to stop this kind of practice, Out of control developer, not working with homer owners.
Pleas advise if anything can be done to stop this madness short from hiring an attorney and going to court. Thanks.
Stephen, I am not an attorney, but FL resident and former owner of an HOA home.
I don’t recall reading anything in the statute to help owners in your situation. There is one provision of the statute that mentions putting certain expenses out to bid, but the Board or the Developer does not have to take the lowest bid.
DBPR will do nothing to help HOA homeowners, and precious little to help condo owners in FL.
The Developer can indeed do whatever he wants until turnover, short of downright theft.
This is why I hate it when CAI (the industry trade group) insists that “owners elect the Board” and that owners are in control. No, the developer appoints the Board and controls the entire subdivision until turnover. And the Board after that still retains widespread control.
You might explore consulting with a corporate law attorney, or a private investigator, and/or the possibility of getting a court order for an independent audit.
But first, seriously consider whether or not the legal costs and stress will outweigh any benefit you might gain. Lawsuits are expensive, lengthy processes, and the outcome may not go your way.
At some point, consumer confidence in condos/HOAs will erode faster than our belief in fairies and Santa Claus. Then the all-important property values will sink like the Bismarck and the crying and wailing will be heard through the land.