Creating an ad hoc independent audit committee
Part 2 -
Reminder: Homeowners do not need 'permission' to audit their HOA's activities. The laws were established exactly so they could.
You've assembled the team in Part 1 -- now create the action plan in Steps 3 and 4.
Step 3: Meet to decide on the goals of your ad hoc audit committee
Review your members' Sunshine Survey results for ideas. Discuss questions and issues together.
Once you've formed your ad hoc committee, discuss the areas of concern in the Sunshine Surveythat were rated as 'cloudy' to take on first. Do you want to:
- Ensure that all required documents are posted for all on the HOA website?
- Enforce abiding by state law regarding meeting notices, resident participation, and meeting minutes?
- Improve transparency of decision-making, including ensuring that their all decisions are held in public meetings and not closed subcommittees?
- Monitor vendor selection follows best practices to ensure that they are competitive, with no conflicts of interest?
- Identify or nominate some members to run for future board or committee positions?
- Identify other goals specific to your community.
- You may wish to create a new anonymous email address so that that members can email association manager or board without being identified. This is useful for pointing out noncompliance while they can still correct it.
- Keep in mind that Florida statute General Standards for (non-profit) directors (617.0830) states that the board must operate in "in good faith", with "the care an ordinarily prudent person...would exercise"..."in the best interest of the Corporation" (i.e. your HOA.) It may take advice from lawyers or committees but is not acting in good faith if he or she "has knowledge concerning [a] matter" but relies on the advice anyway. In other words, homeowners should inform board members of matters of concern. (While board members may not be civilly liable for damages personally, there are increased criminal penalties for malfeasance described Florida statutes 720.3033 or 720.303 5(f)) Section 720 of Florida statues index link.
Step 4: Take Action
Once you are informed, you can support the board and CAM in operational compliance. It doesn't need to be confrontational.
- Ensure availability of every board meeting in person and online as required by statute.. If no online presence is provided, you can live stream yourself using a free zoom account (45 minutes max.) Or for around $16 a month you can live stream any meeting AND have AI record the meeting and draft meeting minutes for you. Or simply record it on your local device to reference later if needed.
- Review the Board meeting minutes to verify that all new contracts or policies were discussed at public board meeting and are in the meeting minutes. (By FL law, boards may only make decisions in public meetings and must be documented. If decisions are decided (vs. simply recommended) in a separate committee, those meetings must also be open to residents.
- Regular board meeting agendas must be published in advance per FL Statute. and permit homeowners to ask questions (usually limited to 3 minutes per item.)
- Annual meetings where homeowners vote on the annual budget, elect directors, or have special assessments have a longer lead time and materials must be mailed in advance, with proxy vote forms available for those who cannot attend. Voting meetings require a quorum defined in your HOA's documents.
- Determine when the Annual Budget must be finalized (usually in autumn) and work in advance to obtain draft documents and compare differences (variances) from prior years.
- You may want to verify Reserve funds are adequately funded and are not being used for other purchases according to FL Statutes. Reserve funds have a specific purpose and expected lifespan, ( e.g. replace clubhouse roof.)
- Check that reserve funds are stored in reputable bank(s) and that the balances are covered by FDIC insurance.
- Are large vendor contracts expected to be awarded? (These could include the management company, landscaping, security, law firm, etc.) If so, homeowners can review the selection criteria and request that statements of no conflicts of interest with management.
- Ensure that HOA or CAM disclose and follow best practices for protecting homeowners' personal information (PII) and do not monetize (sell) it.
- Clarify impact of 2024 FL 720 Sunshine Laws in your community. Many procedural statues will apply regardless of original date of your declaration.
- Determine when your next HOA board election is and whether you would like anyone else to run for board or a committee. Is a nominating committee required, or can you self nominate? What is the timeframe for nominations for next year's board seats (terms may vary so that no all seats are replaced at once.)
- Educate yourselves with the free online DBPR class on HOA (and Condo) Board certification. Board candidates can certify with the DBPR course in advance. Preview the slides from last class - PowerPoint from 2024 class.
- Decide whether your CAM is a help or a hindrance. Remember he or she is licensed and is required to facilitate legal operation of your HOA. (Summaries of any complaints against them will be posted on DBPR website (https://www.myfloridalicense.com/wl11.asp?mode=0&SID=) and details are available by Freedom of Information Act (FOIA) request.)
- Review your HOA documents to find out the minimum number of homes, not individual residents, that are required to call a special meeting of the board and residents, or modify the bylaws. Consider proposing a Resolution that the board and/or homeowners can vote on (AI tools can help you write it.)
- Decide whether you would like to have polling available for residents. Note -there are electronic polling tools to do that reasonably but can be misused if neither secure nor anonymous.
- Electronic voting is allowed in Florida HOAs (720.317). Some HOA electronic voting systems are more secure and private than others so it's worth doing some research. Individual homeowners are required to opt in to electronic voting so that can continue to use mail ballots if desired or needed for accessibility.