Records Request

Started by JamesB15 • 11 replies • 1964 views

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JamesB15 (Florida)
Posts: 87

Posted:

Can anyone tell me if the preisident does not sign for a certified records request to HOA records is the association liable to pay the fine after the 10th business day? I personally gave the vice president my request on April 30. He told me he would get back to me. The certified request that was sent to the president was sent back to the post office May 2nd and notice left. It has not been picked up. This is information my attorney asked for. I hired him for an opinion on paying additional fees for access to our common areas. I hate to involve the attorney and run up my fees.

PeterD3 (Florida)
Posts: 708

Posted:

You must not have a Prop. Mgmt. Co. to send it to so try sending it to the Secretary not the Pres.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi James:

If you have not done so already I recommend you do not open the returned unsigned letter. Keep this in your files unopened because if needed it could be opened in a court of law and is definite non tampered proof of what was sent.

I would send a request to each board member by “Certified Return Receipt”. Chances are at least one individual will sign for the letter. Also, an address to send association payments to would also be another option to send a letter addressed specifically to the HOA and “To Whom It May Concern”.

What potentially happened is when you gave a copy to the VP it gave a heads up to the President what the letter from you was referencing, so he just chose not to sign for it.

JanetB2 (Colorado)
Posts: 4,219

Posted:

BTW ... you might also remind them in the letter of the FL Statute in that they have 10 days to respond or will incur fines. This will insure those who have not kept aware of the state laws now know and hopefully will act promptly.

PeterD3 (Florida)
Posts: 708

Posted:

The problem is the statute reads: "...within 10 business days after receipt of a written request for access."

So until 'signed' it could be argued that it has not been received.

JanetB2 (Colorado)
Posts: 4,219

Posted:

That is why the statute states certified return receipt, so there is proof when received:

The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.

WillR (Michigan)
Posts: 68

Posted:

Does Florida has a ombudsman for HOA, if so you might be able to get one to step in and help you get the information. As far as fines for failing to deliver within 10 days, if Florida is like Michigan good luck on finding someone to enforce.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

send the rquest to the 'registered agent' ... check with your secretary of state: http://sunbiz.org/search.html

DonnaS (Tennessee)
Posts: 5,671

Posted:

Have we all assumed that the certified letter was denied delivery or perhaps was there a mistake. I might try a phone call to the President, V.P and Secretary, telling them to expect delivery of the letter. Phone calls are much less expensive that a lawyer.

TimB4 (Tennessee)
Posts: 21,059

Posted:

James,

The clock would start on the date you can prove they received the request. This is why people say to send the request to others board members or the registered agent. If you can prove that the VP received the notice (written receipt, statement from the VP, etc.), then the clock would have started at that time. However, since this issue involves potential legal action, I would follow the recommendation of sending a request to the registered agent (who is typically the Association lawyer). Mention that you are sending the request to them because the Association never picked up the certified letter and it was returned.

I understand your frustration as we have a member of our Association who refuses to pick up any certified mail, therefore we have to either deliver it ourselves and demand a signature or hire a service to deliver any notices. It's a delaying tactic.

BTW: keep the returned letter for your records. Additionally, if you haven't opened it - don't.

Tim

JamesB15 (Florida)
Posts: 87

Posted:

Thanks for the information. I have resent it to 3 different board members. I have their attension because they discussed the fact that their were not able to find the board votes or discussions etc on charging a user fee for the pool. They simply revoted.

SuzanneL (Florida)
Posts: 32

Posted:

My HOA just paid out $500 each to 2 members (one a director) for the failure of our former management company to comply with a written records request. I think it was very unethical of them given that we have 30% not paying the monthly assessment and have more than $100,000 past due. Many members have had requests ignored, but no one ever sued because it would hurt the association. We also suspect the former management company colluded with them since they knew they would be fired and these 2 members wanted to keep the former management company. We paid because it would have cost more in attorney fees to fight it.

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