Palm Bay, FL asked in Criminal Law and Real Estate Law for Florida

Q: In Fl, how can criminal charges be brought for embezzlement & theft against those HOA board members involved?

After at least 6 yrs of HOA board profitting from community funds, illegal property sales, etc, significant, indisputable evidence has been compiled confirming these activities. How do we go about getting criminal charges brought against those involved, before they bankrupt us or take over our community for good?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: To initiate criminal charges against HOA board members for embezzlement and theft in Florida, you should follow these steps:

Gather Evidence: Ensure you have significant, well-documented evidence of the alleged criminal activities. This may include financial records, contracts, emails, or any other documents that demonstrate embezzlement and theft.

Contact Law Enforcement: Reach out to your local law enforcement agency, typically the police department or sheriff's office, to report the suspected crimes. Provide them with the evidence you have collected and request an investigation.

Cooperate with Authorities: Be prepared to cooperate fully with the investigators throughout the process. Answer their questions, provide additional evidence if necessary, and follow their guidance.

Consult an Attorney: Consider consulting an attorney experienced in criminal law to advise you on your rights and responsibilities during the investigation and potential legal proceedings. They can also guide you on how to best present your case to law enforcement.

Protect Your Community: Continue to monitor the situation within your HOA. It may be necessary to take legal action within the HOA itself, such as holding special meetings, voting on board member removal, or pursuing civil litigation to recover stolen funds.

Stay Informed: Keep informed about the progress of the criminal investigation. Contact the assigned investigator periodically for updates.

Community Support: Rally support from your fellow community members to ensure that justice is pursued vigorously. Working together can increase your chances of a successful outcome.

Legal Representation: If charges are filed against the board members, they will have the right to legal representation. Ensure that you have your own legal counsel to represent your interests during any criminal proceedings.

Remember that pursuing criminal charges can be a lengthy process, and outcomes may vary. Consulting with an attorney experienced in both criminal and HOA law is crucial to navigate this complex situation effectively. They can provide you with personalized guidance based on the specific details of your case and Florida state laws.

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