Question:
Please help. The HOA in my aunt’s condo community is committed fraud with funds . They increase the HOA annually, tag in additional fees every months, and now asking each home owner for $1050 additional, on top of the HOA fees and additional expenses, that are never communicated to paint the community. The funds collected, aren’t being used in the community. They are committing fraud, against home owners. Please help.
– Sacra
Answer:
Hi Sacra,
Condo Associations in Florida can typically raise the fees annually based on the calculated budgetary expenses. They may also levy special assessments from the homeowners when needed, provided they follow the procedures outlined in Florida law and the governing documents.
However, they do need to follow the provisions within the Florida Condominium Act Section 718.116(10). This states that the purpose(s) of special assessments must be approved according to the condominium documents. Kindly review the governing documents to verify whether the approval process was followed. Moreover, this section also states that the purpose of the special assessment must be stated in a written notice or delivered to each unit owner. If the board did not follow these disclosure and communication procedures, you may raise your concern with them.
If you’re suspicious of fraud, it may be wise to review the association’s financial documents. Associations should make these records available for inspection and copying by unit owners who give a written request. Kindly submit your request to the board. Once in your hands, you can verify whether or not the association has been engaging in fraudulent activity. If so, you may need the help of a lawyer to proceed.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
