2nd Open Letter to the Secretary of State on Sep 2nd, 2021:

Dear Ms. Lee,

Towngate is an HOA with 2094 homes founded in 1993. Our current board refuses to fully fund our statutory reserves in violation of FS720.303(6)(d). The reserves are underfunded by at least one million dollars according to our 2017 reserve study.

We have asked you for your help with our reserves depleted by a rouge board while the DBPR frustrates our recall efforts by issuing binding dismissal orders in a non-binding pre-trial arbitration proceeding according to FS720.303.(10)(g).

We were puzzled by the letter we received from the DBPR stating the obvious, that the DBPR has no jurisdiction over HOAs. We didn’t get any meaningful advice from the DBPR nor an explanation why the DBPR is blocking us from filing a lawsuit in circuit court to remove the recalled directors.

As a former judge, we are sure that you understand that denying access to courts and supporting the continuous lawless behavior of the board is an injustice that needs to be rectified.

Additionally, spending a quarter million dollars of restricted reserve funds without any board authorization on non-qualifying items like landscape beautification could be a misappropriation of association funds.

Apparently, no state agency is enforcing the FS 720 for HOAs. How can we get our association back into compliance with Florida laws?

Kind Regards,