'The pool is closed... what you may not know is the reason': HOA board makes startling decision without informing homeowners

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    Cheezburger Image 10411517440
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    Potential lawsuits, mismanagement, illegality? Our management company is "firing" our HOA. These are the emails that were sent to all home owners. Names have been changed for privacy purposes.
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    From: Management Company To: Board I am becoming very concerned with the number of recent decisions made by the Board. 1. Decisions are being made outside of a Board meeting. 2. Decisions are being made without me being consulted. 3. Decision to terminate attorney made outside of a meeting.
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    4. Decision to terminate pool company made outside of a meeting. 5. Decision to terminate pool company without consideration to Board approved pool contract (30-day notice). 6. Decision to hire a pool vendor without vetting with management company. 7. No responses from ***** regarding online access to
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    Spectrum and Frontier. Although the contract with (management company) is for 1 year, there is a clause in Section E (Board Responsibilities), that permits (management company) to terminate the contract. As a result of the actions noted above, (management company) will be terminating its agreement. The termination notice is attached and will be mailed to (Board President).
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    I will send an email to the owners making them aware of the termination. Please have your new management company reach out to me to begin the transition process. This was followed up by this email:
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    Dear Owners As you know, the pool is closed due to green water. What you may not know is the reason. At the end of March, the previous pool cleaner was retiring. The current Board (prior to annual meeting), hired Pool Company A. There were many deficiencies that needed to be done, which Company A handled. During one of the service visits, Company A
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    reported an unpleasant interaction with a Board member. I shared the story with the now current Board - Bob acknowledged the interaction but denied being aggressive with the pool cleaner. A very short time later, Bob decided to terminate Pool Company A - it's clear that Bob didn't like being called out by the vendor. I informed him that the contract required a 30- day termination notice but Bob declined to follow the termination clause and directed me to
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    withhold future payments and the current invoice, too. The owner of Pool Company A plans to file a lawsuit against the association. As your manager, I am required to inform the members of a potential lawsuit. The current Board, led by Bob, hired a new pool cleaning company, Pool Company B on July 1. As you now, the pool had to be closed due to green water, and the vendor informed me today that he was already fired. I
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    am not aware if the Board followed the termination agreement as I was not consulted on the hire, nor have I received the agreement. There could be yet another potential lawsuit for ending the agreement. I asked Bob if the Pool Company B was fired because of the green pool or is the pool green because you fired him. Bob attempted to place blame on pool equipment and both pool companies.
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    I want all of you to know that when you have someone leading your Board that has no idea how to run/operate within the governing documents, and Florida Statute 720, it will lead to disaster - you are on your way. Regarding the roof claim, I learned today that the Board received a check from the claim. Bob had the check mailed directly to him instead of the management company so he could deposit the check into an
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    investment account. First, this is not the proper way to receive funds from a claim. I asked if he and the Board signed a waiver releasing the roofing company - from future claims – I have not received an answer as of this email. Speaking of the investment account, Bob is the only one that has access to the investment account. When I asked for online access, I was denied access. Because the management
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    company was not provided access to the accounts we are supposed to manage, it makes you wonder what is being hidden. In fact, I did not receive the May and June statements from the investment account until yesterday. This is when I found the large deposit. I strongly urge all of you to attend your next meeting to address the Board and their recent decisions.
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    All the best, Management Company This is some really spooky I've only lived here a couple of months and all of this is coming to light. I emailed the Board president for answers. As of yet, no Board meeting has been scheduled. I am putting together a facebook group to try and create communication with other homeowners so that we can band together.
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    TLDR: Our Board is making possibly illegal decisions without telling homeowners. In light of that, the management company is terminating our contract. Also, the pool is
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    Edit: New management company has assumed control. They sent out an email regarding the pool, which, miraculously, has a new maintenance company in charge. I spoke with the new management company via phone and point blank asked about all the accusations. While not addressing everything precisely, the new management company said an HOA meeting is coming very soon and part of it will be a motion for an audit of finances,
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    put forth by the board, and hopefully ratified by HOA members, to re-establish fiduciary confidence. The board will also be supplying copies of deposit slips for the roof settlement to prove it went into the correct account. Things are looking up.
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    gtrdft768 Good luck finding a good third pool company. Bob doesn't have a clue and is running this like it's his money. The problem with that is the obligation that comes with lawsuits go be on the HOA, which means everyone's money. He is a textbook definition of a liability.
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    PonchAndJudy Bob is stealing money.
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    keen238 It's bad when your HOA Management company fires. your HOA. Like illegal going down bad.
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    Salt-Operation Lawyer, now. Bob is embezzling the HOA funds. An investment account for HOA funds? Not likely. This is bad. Like, really bad. You need to either have a "hostile" takeover of the HOA immediately or you need to convene the neighborhood and disband the HOA entirely. And don't forget to sue Bob personally.
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    OP.... You're not in a good spot. Owners may need their own attorney to write a strong letter to the board to 00 get their together immediately. You didn't say what state you're in, this will have an impact on your options.
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    The_Elusive_... As the owner of a pool/spa service, here's one of many reasons I turn away all HOA accounts.
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    chivas39 Most people have a hard time running their own lives. effectively, what makes them think they can run an HOA on top of that

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