Medley's Policies conflict with FL statute and our own bylaws!
For two years, we at MedleyMembers believed in giving the benefit of the doubt to our HOA attorney, two boards, two CAM firms and the Policies committee. But at a certain point, there is no excuse for ignoring Florida's latest statutes and Medley's own Bylaws. At this point, the volume of evidence points to a pattern of imposing dubious bureaucratic policies -- always in favor of those few in power -- rather the homeowner majority.
A member survey will not resolve this problem; A legal review of current policies and then fully acknowleging the 2024 HOA statutes will.
How we got here... misinterpretation of Florida's 2024 HOA transparency laws
Almost two years ago, a few homeowners raised questions about Medley policies after the passage of Florida's 2024 HOA transparency statutes (HB 1203). We Members were told repeatedly by our board President, reportedly by our HOA attorney, that Medley's governing documents did not include the famous 'Kaufmann language' (i.e. "as amended from time to time"). Various board and committee members then incorrectly claimed that recent transparency statutes do not apply to us. However, that claim was and is factually FALSE as validated by our attorney during a videotaped open HOA board meeting on April 8, 2025 obtained by MedleyMembers. In answer to a homeowner's question, the attorney from G&N listed Florida's updated 'procedural' HOA stautues that must be universally adopted by all HOAs. He specifically stated that the following five procedural statutes DO APPLY to Medley --(but coincidentally are also the the areas of repeated non-compliance by our board and CAMs!)
| Florida Statute applicable to us per our attorney | Conflicting Medley Policies or practices View full 2024 Section 720 index. | Impact on us all |
| The mandatory HOA website was NOT available by the January 2025 deadline and not during Castle Group's transition for 3+ months. (Timeline) Delays in posting records continue to occur. | All homeowners were in the dark and we couldn't see our HOA fee balances for months (necessitating a 'late fee hiatus'.) Members who are not currently on TownSquare are disenfranchised because signin is required to retreive any documents. |
| Medley's stated Records Request policy of April 2026 (and Jan. 2025) violates statutory homeowner oversight rights. We were told to send our requests via expensive USPS return receipt and that multiple requests would be considered 'harassment' and ignored. Also, per HB 913 and 468.432, CAM contracts now must state that they will abide by professional standards and recordkeeping requirements. Yet many homeowers responded to the Castle's 2026 postcard and requested our 2025 audited financial statements but they have never been emailed or mailed to members. | Vital information is deliberately being withheld or slowwalked using the “POLICY REGARDING COMMUNICATIONS, RECORDS REQUESTS, OWNER PARTICIPATION AT MEETINGS, RECORDING MEETINGS, AND SOCIAL MEDIA”. Homeowners who demand trasparency have been threatend with lawfare or expected to hire their own attorney to enforce the statutes (but that's the board's job.) Why not just be transparent in the first place? |
| Notice & posting of meeting agendas shrank from the normal 10 days to a bare minimum of only 48 hours; posted inconsistently in varying 'conspicuous' locations with vauge agenda items. Homeowners wanting more information must login (and be tracked) in TownSquare and download each specific file. Plus, as everyone discovered with the chair lift, homeowners have no ability to add an agenda item without a petition! | Membership participation is restricted and statutory transparency is avoided. (If you noticed any recent improvements, it is only because a growing number of homeowners are demanding our rights, either behind the scenes or at open meetings. ) |
| In 2024-25, the FL legislature unanimously passed increased penalties for board maladministration but Medley appears to ignore violations (even to the point of defending filing false Annual Reports to the Florida Secretary of State!) | See our Board financial responsibilities blog post. Let's also review 468.432 / HB 913 new law requiring all CAM contracts to attest that they will abide by professional standards and the applicable community association recordkeeping requirements. |
| HOA Boards or CAMs cannot impose fines (beyond the $25 late fee in our Declaration and in FL 720). Per Florida statute, the authority of determining fines is reserved for a committee of homeowners (i.e. a 'hearings committee' of our peers). Such fines may then be approved by the board, but must not be "selectively enforced." | According to 2020 Florida appelate case law Williams vs Salt Springs Resort Assn, Medley's $30 Letter Fee payable to Castle violates the Florida Consumer Collection Practices Act (FCCPA). Besides overcharging us, such violations risk liability and penalties for our HOA. We should also probably look back to ensure that there has not been any selective enforcement of ACC and other violations. |