{"id":2360,"date":"2023-03-09T17:38:08","date_gmt":"2023-03-09T16:38:08","guid":{"rendered":"https:\/\/www.companyandmanagement.com\/?p=2360"},"modified":"2023-03-09T17:38:08","modified_gmt":"2023-03-09T16:38:08","slug":"can-management-company-make-payment-without-hoa-board-authorization","status":"publish","type":"post","link":"https:\/\/www.companyandmanagement.com\/can-management-company-make-payment-without-hoa-board-authorization\/","title":{"rendered":"Can management company make payment without hoa board authorization?"},"content":{"rendered":"

In most cases, no. Management companies are not able to make payments without HOA board authorization. This is because the board is responsible for approving all expenditures and payments made by the association. If a management company were to make a payment without board approval, it could potentially create legal issues for the HOA.<\/p>\n

According to most state laws, the management company cannot make any payments without the authorization of the homeowners association board.<\/p>\n

Does Florida State Law supersede HOA rules? <\/h2>\n

The HOA is governed by federal and state laws. It cannot overstep the boundaries. This is to ensure that the HOA is fair and equitable to all homeowners.<\/p>\n

There are a number of federal agencies with oversight authority over homeowners’ associations, including the Arizona Department of Real Estate. The Department is responsible for real estate professionals’ licensure, education, and discipline, including community managers and property management companies.<\/p>\n

Can a board president make decisions alone <\/h3>\n
\"Can
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The board can make unilateral decisions on certain topics, but there are also some decisions that require a membership vote. Ultimately, it depends on the situation and what the board feels is best.<\/p>\n

The Office of the Condominium Ombudsman is a state agency that regulates and oversees residential communities in Florida. The agency is responsible for ensuring that developers disclose information about their projects, resolving complaints, mediating and arbitrating disputes, and providing education and resources to condominium owners and residents.<\/p>\n

How much power does an HOA have in Florida? <\/h2>\n

The Homeowners’ Association Act (HAA) recognizes that Florida associations can exercise all powers granted by the association’s governing documents unless expressly restricted by statute Fla Stat $720303(1).<\/p>\n

Many people are not aware that if a board member has not committed a breach of their fiduciary duty, they cannot be held liable. For example, if a board member has embezzled money, an owner or another board member may file suit against them. However, if there is no breach of duty, the board member cannot be held liable. This is an important distinction to be aware of when serving on a board.<\/p>\n

What can I do about a mismanaged HOA? <\/h2>\n
\"Can
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If you are dealing with a mismanaged HOA, there are a few things you can do. First, speak with your fellow owners. You can start by talking the situation over with other owners in the community. You can also ask to see the minutes of the latest meetings. Additionally, you can request another contractor be hired. Finally, you can consult a real estate attorney.<\/p>\n

If you are involved in a dispute with your homeowners association, there are certain procedures that you will need to follow in order to have your issue resolved. First, you will need to decide whether or not to submit a petition to the association. If you do choose to submit a petition, you will be required to pay a fee. Next, you will need to research the Arizona HOA laws and statutes that pertain to your issue. Finally, you will need to visit the applicable county recorder’s website to look up community documents.<\/p>\n

Who enforces CC&Rs when there is no HOA in Arizona <\/h3>\n

It is important to note that although Recorded Covenants, Conditions, and Restrictions (CC&Rs) are a contract, any homeowner may enforce the terms of that contract against another homeowner. So, if there is no functioning Homeowners Association (HOA), it may still be possible for any homeowner in the community to enforce the restrictions in court.<\/p>\n

The board of directors is responsible for setting the broad policies of the company and making important decisions on behalf of the shareholders. Some of the issues that fall under the board’s purview include mergers and acquisitions, dividends and major investments, as well as the hiring and firing of senior executives and their compensation.