TOPICS : Association Law , Lawsuits, Citizen Initiative For Florida - August 24, 2000
Florida Citizen Initiative
Capitol City Task Force
TO : CITIZENS IN MANDATORY ASSOCIATIONS
FROM : Bill Strickler
DATE : 24 August 2000
SUBJECT : MANDATORY ASSOCIATION LAW AND SUITS
This information is brief and not supported by factual quotes. This writer is presently engaged with the Executive Offices who are presently preparing work statements and budget for year 2001. The FSHL has failed to activate upon being advised that citizen contact is mandatory to have a chance of adopting legislation. Therefore if readers need more information, it will be furnished upon request as time permits.
DEFENDANTS IN LITIGATION
No one wants to go to the courts themselves. The judicial process is rampant with terms that can be your undoing. We pursued a mandamus action in the Circuit Court but evidently failed to use or clearly define the "cause of action". This allowed the judge, who evidently was supporting a fellow bar member, to dismiss WITH PREJUDICE, NO CHANCE TO RECOVER. Association countersuit for attorney fees of $20,000.
If you try to obtain counsel as we did, the Legal Aid rejects such cases and referrals demand $3,000 retainer fees up front.Chapter 86 Motions for Declaratory Judgement disallow attorney fees for either party so it is not practical to proceed any further. Please note substantive rights and retroactive laws are a matter to consider.
Now, the situation exists where you file against the association. This is an error. The complaint must be against both the association and the directors, individually and severally. The directors have a fiduciary duty that must be performed; the Community Association Institute generally files an amicus curiae brief supporting the directors on the "best judgement rule".
In other words, the directors must be made fully aware of the situation, otherwise they escape the axe for failure to perform.
ASSOCIATION FUNDS USED FOR LEGAL FEES
THE WEAK POINT THAT NEEDS CORRECTION IS ALLOWING THE DIRECTORS TO COMMIT ASSOCIATION FUNDS FOR LEGAL FEES.
Most association documents fail to restrain the dispensation of funds. It is assumed an organization would operate like a business enterprise where limits were in place to prevent exceeding budgets without member approval. We can expect the worst when most association officers have no business training.
MANAGEMENT ASSOCIATION RESPONSIBILITIES
The administrative code for the association management. Is administrated by the Department of Business and Professional Regulation. Here is a statute for regulating association management companies. The laws are specific that the management company shall be responsible for following the association documents; well written.
However upon going to Department of Business and Professions, you get the answer the management company takes direction from the board of directors. The contract of the management company determines their liability.
LEGAL DEPARTMENT INITIATIVE
The learned and outspoken Willow Dean Vance has thrown an initiative on the table. Willow is a most experience person in homeowner association concerns. She has written a book and presently is active in California, Arizona, Texas, and now Florida. She has determined the Legal Department in California has taken the initiative by pursuing homeowner complaints. This is considered a civil rights abuse.
She seems to be on the right track. Chapter 16 F.S. gives the Attorney General authority to persecute claims of denial of civil rights. This cause needs the support of every Florida Citizen for relief.
MANDATORY PROPERTY ASSOCIATION LAW
The law in Chapter 617.301-312 F.S. has been relocated to Chapter 720 F.S. by the 2000 Legislature. The law as written has lost many of the previous provisions of Chapter 617; this Chapter 720 needs immediate correction.
SUMMARY
This writer is pursuing a CITIZEN INITIATIVE to bring this item and others, to the immediate government offices involved so as to provide statements of work allowing budget needed. All persons having a like interest are encouraged to contact the writer.
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