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Welcome to Association living, if you only have one consider yourself lucky because they are everywhere. Our local township broadcasts their trustee meetings on cable access and believe it or not the same type of individual shows up there. This is simply human nature, some people revel in trying to be a nuisance, they feel it gives them power in their otherwise powerless life. The problem is you all have apparently be kowtowing to him for so long he feels empowered. He has every right to attend meetings and speak, the Board has the power to limit the time he may speak and to demand civility. He has the right to inspect the books the HOA has the right to set reasonable rules and charge him for any copies:
720.303âAssociation powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.â
(5)âINSPECTION AND COPYING OF RECORDS.âThe official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.
(a) âThe 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.
(b)âA member who is denied access to official records is entitled to the actual damages or minimum damages for the associationâs willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
(c) âThe association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel ownerâs right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association may charge up to 50 cents per page for copies made on the associationâs photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor or association management company personnel and may charge the actual cost of copying, including any reasonable costs involving personnel fees and charges at an hourly rate for vendor or employee time to cover administrative costs to the vendor or association. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners:
1.âAny record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorneyâs express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
2. âInformation obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3.âPersonnel records of the associationâs employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term âpersonnel recordsâ does not include written employment agreements with an association employee or budgetary or financial records that indicate the compensation paid to an association employee.
4. âMedical records of parcel owners or community residents.
5.âSocial security numbers, driverâs license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the personâs name, parcel designation, mailing address, and property address. However, an owner may consent in writing to the disclosure of protected information described in this subparagraph. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
6.âAny electronic security measure that is used by the association to safeguard data, including passwords.
7.âThe software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
(d)âThe association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the residential subdivision or the association other than information or documents required by this chapter to be made available or disclosed. The association or its authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or the current parcel owner or member for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorneyâs fees incurred by the association in connection with the response.
Studies show that 5 out of 4 people have problems with fractions
As was said, every association has one so be thrilled that he is a committee of 1. If your Board is following your Bylaws and other documents, I would just say "UH HU" and keep walking. People like this type feed off of the tense energy that he creates in others. Best bet is to just tune him out and toss all of the jibberish in the garbage. You have tried to facilitate him but that is not working so keep it light but keep in charge.