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Update on this, and advice needed:

Enough people complained for them to only raise dues from $75 to $130.
We still, however, want to call a special meeting.

We have gathered enough sigs to call a special meeting, but the board
and management company has refused. They claim that the petition was
not binding. In addition, one of the board members have told the
others on the board (there are 4 total, there is 1 opening that they
have failed to fill) that he signed the petition. They claim that he's
in conflict of interest (he IS a co-owner), and they've scared him
enough to back down on wanting his name on the peition. He's afraid of
a lawsuit.

What do we do next short of hiring a lawyer (or getting the hell out of
here) when it's clearly spelled out in the by-laws what is required for
a special meeting?

There is election in April, so maybe we just should wait until then and
try to run and get on the board, assuming elections they hold are fair
(I wouldn't put it past them that they aren't).


First, boards have a LEGAL DUTY (here in Florida, ennyhoo) to maintain
the property and have the authority to pass special assessments to do
so. IF they have acted in good faith and according to statutes and
bylaws, it would be hard to run a legal objection to their action. If
your pothole problem is causing damage to vehicles or lots of
complaints, it sounds as if they have acted judiciously. They are
probably a code violation as well. The amount of increase - $150/month
for six months? - sure isn't beyond reasonable for repairs.

A petition, by itself, likely would not be legally binding. Florida has
separate statutes for HOA's and condominiums. Also has process for
arbitration, but that is generally for administrative wrongs (board has
not complied with statutes or bylaws), not to take issue with a
particular vote.

Having enough signatures to call a special meeting doesn't meet muster
here, as the board still has the authority to vote for maintenance and
repairs, not the association. You may have enough signatures (members
to vote) to recall board members, and a new board could then vote down
the project (unless contracts already signed). In Florida, the members
have to vote if there is a material alteration to the common areas -
like installing a new pool - but repairing existing roads would not seem
to be a material alteration. Read your documents. Members can always
sue here, but in FL the loser pays costs.