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  1. #1
    Join Date
    Feb 2007
    Posts
    3

    Default Homeowner Association Records

    My HOA Board is insisting I come to a board member's private residence to view the HOA records. I am not comfortable with going to this person's home. The bylaws say only that records must be kept "in the community" and that they must be made available upon request. I don't find anything in the FL Statues about this either. Is there anything that you know about that would require them to make the records available in a public place?
    Thanks

  2. #2
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Re: Homeowner Association Records

    From FL Statutes:

    c) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this paragraph. The minimum damages shall be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. The failure to permit inspection of the association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records for inspection. The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet provided for in s. 718.504 and year-end financial information required in this section on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the same. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to unit owners:

  3. #3
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Homeowner Association Records

    The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

    Going to somebody's house would probably be declared reasonable by a court.

  4. #4

    Default Re: Homeowner Association Records

    Your bylaws refers to where the records are "kept" - not necessarily a reasonable place where you may inspect them. Counter with a suggestion that you both meet in the clubhouse, or your property management office or another place. Since you're allowed to make copies as well, some place with a copy machine. And then, at the next HOA meeting, bring up the issue of where HOA records are kept, and your opposition to having them kept in a Board Member's home. or at least ask why this is so and suggest an amendment to a rule, or new rule with more clarification.

  5. #5
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Homeowner Association Records

    Quote Quoting kandi6
    View Post
    Your bylaws refers to where the records are "kept" - not necessarily a reasonable place where you may inspect them. Counter with a suggestion that you both meet in the clubhouse, or your property management office or another place. Since you're allowed to make copies as well, some place with a copy machine. And then, at the next HOA meeting, bring up the issue of where HOA records are kept, and your opposition to having them kept in a Board Member's home. or at least ask why this is so and suggest an amendment to a rule, or new rule with more clarification.
    This thread shows a good reason why I would never live anywhere governed by an HOA.

  6. #6
    Join Date
    Jul 2006
    Location
    Bikini Atoll
    Posts
    163

    Default Re: Homeowner Association Records

    Quote Quoting kandi6
    View Post
    Your bylaws refers to where the records are "kept" - not necessarily a reasonable place where you may inspect them. Counter with a suggestion that you both meet in the clubhouse, or your property management office or another place. Since you're allowed to make copies as well, some place with a copy machine. And then, at the next HOA meeting, bring up the issue of where HOA records are kept, and your opposition to having them kept in a Board Member's home. or at least ask why this is so and suggest an amendment to a rule, or new rule with more clarification.
    Records, other than financial, are supposed to be kept by the secretary. If there is a property mgt. hired by the HOA, the records are to be there too (including financial).

    This poster needs to just get over where the records are being held, bite the bullet, and review/obtain what is wanted. Otherwise, the poster needs to send a CCR to the BOD requesting a copy of the records wanted.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Homeowner Association Records

    Good idea, that....

  8. #8
    Join Date
    Feb 2007
    Posts
    3

    Default Re: Homeowner Association Records

    I have already requested the records that I want, which was a budget to justify the dues requested for this year, the financial records for the last year, and minutes to meetings for the past year. I received only the budget (for which a meeting was never held to prepare, and I believe was prepared after my request) and only a partial of the financial records. As I stated, the President is stating that I can come to his home to view the rest, and I do not feel comfortable going to this person's home. I am certain that his purpose is one of intimidation. But, I will take the suggestion of a response asking that the records be made available somewhere else. I was just wondering if a private residence was deemed a reasonable place to view the records, and according to a former post, the opinion is that yes it is. Also, over 50% of our members live outside of the state, so I would wonder how someone else might be treated upon request of the records.

  9. #9
    Join Date
    Jan 2006
    Location
    Melrose, MA
    Posts
    3

    Question Re: Homeowner Association Records

    Approximately one year has passed since I requested to review all of our condo related documents. The management company has denied my request. In Massachusetts,under Chaper 183A the management company (or Trustee if there is no management company) is required to maintain all records for six years, which include but not limited to minutes of meetings,invoices,planned projects etc. I have the penthouse unit with a patio 12' X 60" qwith a view overlooking a pond and in the distance you can see the two tallest buildings in Boston (John Hancock and The Prudential) bSince February 2004 I've had no heat or AC
    and have had limited use of my unit. Roofers began to install a new roof in Feb.2004 and abandoned the job due to other committments. There are two critical drains that prevent water backup to my patio doors, which is made up of two twelve foot sectioons. This lady on the seventh floor below me , who happens to be a board member, talked our former property manager to cover the drains. She was installing new kitchen cabinets and the common area plumbing for my drains happen to be routed along the back wall of her cabinets. She had the cabinet installer remove the common area plumbing and sealed the remaing portion of the drain pipe. The roofers destroyed my patio, removed six skylights and were sweeping tar and gravel into my living room I hired an attorney in November of 2004 and just recently dismissed him from the case. He took my $10,000 but never filed any documents with the court. He did absolutely nothing other than to complicate matters. Meanwhile our new management company (we've had thirteen,this is the worst yet) ,the Trrustees , and a lawfirm who specializes in condo law. The managment company has been constantly harrassing me and even filed false complaints resulting in an injunction, which no longer permits me to make contact with the management company. Now their attorney informs me that I have to go through his office in order to obtain documents, which are critical to my case. My attorney allowed them to file the injunction and made no effort to present the true facts to the court. What a mess. Unfortunately at this time I'm trying to establish a chronological history of events with the court. However, the judge would not allow me to do so. The physical and emotional stress has taken its toll on me. I've had several operations in the past seven years. The first was in Fort Lauderdale @ the Cleveland Hospital om the ocean. I lost almost six pints of blood and that happened to be the period where they discovered mad cow disease in the blood supply so the doctor did not want to chance the possibility of my gettig tainted blood. I didn;t realize I was dying from gangreen poisoning due to my gall bladder, which over a period of time deteriorated causing the gangreen to develop. Going to court in the morning to see if I can get an extension from the judge for documents which were due 11-24-07. I don't know how much more I can take. I've tried getting one of the firms who specialize in condo law. They don't want to take on a unit owner case. Their target is the Associations and management companies. Conflict of interst is what they said.

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