Tuesday, November 6, 2018

Opuscula

HOAs run amock1
In Sunshine State

ACCORDING TO THE MANAGEMENT OF THE Home Owners Association, a/k/a Property Owners Association or POA, the organization is a non-profit and thus does not have to account for a good chunk of income.

Unlike a for profit business.

TO MY EDWARD BEAR mind, that is nonsense.

A business is a business is a business, except when it is a non-profit?

HOAs or POAs if you prefer, wield an uncommon power in Florida. How they managed to get themselves above the law – or to be a law unto themselves – is beyond my ken.

The POA with which I must suffer is holding board elections.

Who is running?

Unknown.

How could a candidate contact all the residents? The names and addresses are not public knowledge. I suppose a candidate could send a paper letter to “Resident” at each and every address. For this subdivision, that’s more than 400 addressees.

Alternatively, a candidate could print up letters and go (or pay someone) to go from house to house leaving a letter on each resident’s door. That would be less expensive than using the USPS.

    Quick math. If it costs 5¢ a page and the candidate prints 400 copies that is $20, If the letter is mailed, add, say, 2¢ for an envelope ($8) and 47¢ ($188) for a grand total – if my math is correct – of $216. Renting neighborhood kids to deliver the candidate’s message to each resident’s door – the message cannot be stuck into a mailbox – would be less expensive –IF the deliveries were made to each home. How much to pay the delivery kids? 2¢-a-letter? 5¢-a-letter ($20). And a pizza party later?

There is no salary for being a member of the board. (Some other “non-profit” HOAs DO pay board members, and pay them handsomely.)

One of the many things that bother me with Florida’s HOA law is that the HOA can hide any income from sources other than monthly dues (which are raised at the board’s whim – no vote on that).

For example, the POA where I hang my hat rents space to park boats. The rental income is not included in the budget. It is INCOME . . . of maybe under Florida’s HOA laws it’s not accountable income.

I wish I could tell the IRS that the pittance I receive from Social Security is not taxable (accountable) income.

According to the Dulin, Ward & DeWald, Inc. (DWD) web site2, there are several filing options to satisfy the IRS:

    * Form 1120-H, U.S. Income Tax Return for Homeowners Associations
    * Form 990, Return of Organization Exempt From Income Tax.
The bottom line is that ALL HOAs/POA must file a tax return.

So far I have been unable to find either Form 1120 or Form 990 for my POA.

A lesser, but more frequent aggravation is a three-minute limit on residents who want to bring up a topic at a POA meeting.

The limitation is a sure-fire way to discourage residents from attending POA meeting. The POA board for my subdivision is expert at that.

Everything may be strictly according to the law, it might be as kosher as a matzo ball (which may, or may not, be kosher).

It’s image that counts, and the image I get from HOA laws in Florida is one that is not favorable.

Had I known before the house was purchased, I might have looked elsewhere.

HOAs are everywhere; some are less controlling, few are more controlling.

Locally there is a tv program called “Help Me Howard.” The county’s chief public defender, Howard Finkelstein, answers viewers’ questions. Many of the questions relate to HOAs and “can they do that?” In too many cases, Finkelstein has to answer in the affirmative.

As a former print reporter I have a built-in suspicion about non-profits in general and charities in particular.

    I am reminded of a charity’s manager who answered all my innocuous questions until I asked “What is your salary?” The next day I was called into the Managing Editor’s office and told, in no uncertain terms, that I was out of line; how dare I ask such a question! (It was easy, but there was no point in telling the ME that.) At that point I new my days were numbered at that newspaper – I didn’t want to work for such a rag.
To be fair, there ARE some good things about an HOA. With the proper management, it helps assure the neighborhood remains, for the most part, in decent condition. (My HOA seems to turn a blind eye on violations committed by lawyers, but otherwise it’s image maintenance is fair.)


Sources

1. Amok or Amuck? http://tinyurl.com/y7c9hbq9

2. DWD: http://tinyurl.com/yb3pzs9t

PLAGIARISM is the act of appropriating the literary composition of another, or parts or passages of his writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

Truth is an absolute defense to defamation. Defamation is a false statement of fact. If the statement was accurate, then by definition it wasn’t defamatory.

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