New Smyrna Beach, FL asked in Real Estate Law for Florida

Q: I hope someone can get back to me asap. These are 2 of several urgent issues. Real Est law seemed the best category.

(1) Back in November 2022, I received a Cease & Desist Letter effective immediately and permanently to send emails for the health, safety, and welfare of the Management Team. If I didn’t do what they told me, they would file litigation against me. The 9 or 10 emails in a 5-month span that they referred to as “voluminous” covered the items such as reporting leaks in our unit, requesting copies of contracts, an very overdue monthly financial summary, and 2 were following up on information I shared with them from my time as Board President. I did question notice of our Annual Meeting which notice did not meet our documents. These emails were either (a) completely ignored and unanswered resulting in follow up emails, (b) not directly and/or clearly answered resulting in confusion and more questions, (c) partially answered resulting in follow up emails. In fact, at one point, I was specifically told by the Mgmt team that contracts are for Board access only. I did speak with an attorney

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1 Lawyer Answer

A: You didn't post a question. A cease and desist letter isn't really worth the paper it's written on. It is only effective if it's a court order from a judge but it is a warning the association may pursue legal action against you.

The management company may be deflecting from their own bad behavior by painting you a trouble maker. Then again, you might be causing problems depending on the tone and content of the letters. I have experienced many board members who have been voted out and can't seem to come to terms with not being in charge, engaging in writing campaigns to point out their perceived shortcomings of the new board and management. I am not saying that is what you are doing but either way, your approach is not working and might get you in legal trouble.

My suggestion is to campaign to be on the board again next election.

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