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RichardJ6 (Florida)
Posts: 3
Posted:
My HOA refuses to give me the names and addresses of individuals that make up a group of private investors who loaned us money to purchase a golf course. The BOD claims such information is exempt under Chpt. 720. I argue it is a public record since I and 350 other owners are paying the loan debt. Who is right.
TimB4 (Tennessee)
Posts: 21,059
Posted:
I do believe that the loan paperwork would be considered part of the records of the Association and as a member of that association you would have a right to see it.

This may or may not be the same as asking for a list of the investors. If the loan is provided by xyz company, that's the name that would be listed on the loan paperwork. The Association wouldn't be required to provide you with a list of who makes up xyz company.

If you believe that you are being denied access to records you have a right to see, FL 720 provides a remedy for that:

(5) INSPECTION AND COPYING OF RECORDS.--The 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.

(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this subsection.

(b) A member 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 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) The association may adopt reasonable written rules governing the frequency, time, location, notice, and manner of inspections, and may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members, and may charge only its actual costs for reproducing and furnishing these documents to those persons who are entitled to receive them.
CarolF (Florida)
Posts: 435
Posted:
Richard - do you know the name of the FL corporation or LLC that loaned the money? You can find out the directors of that corporation by going on this website, http://www.sunbiz.org/
RichardJ6 (Florida)
Posts: 3
Posted:
I don't believe it is a registered corp or LLC but a group of people with money, some of them believed to residents of our community. That is the problem. I am concerned they are members of the HOA BOD or a relative collecting 7 percent interest on a more than $1 million loan. Thanks for your response.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Have you checked the county records for a lien? I cannot imagine a bunch of rich folks putting up a million dollars without filing some sort of lien, mortgage, or deed of trust to secure their interests.
FredS7 (Arizona)
Posts: 927
Posted:
Given that there seem to be too many golf courses in some parts of the country, and that some are closing, 7% may be a fair rate for this loan.

On the other hand, depending on when this decision was made, the choice to purchase a golf course may have been ill-advised.
CarolF (Florida)
Posts: 435
Posted:
Look at sunbiz.org and enter some names you think might be involved in the "Inquire by Officer/Registered Agent" or "Inquire by Agent/Partners Name".
JosephD7 (Kentucky)
Posts: 2
Posted:
Getting a loan from your bank is fairly straightforward: simply call or visit your local bank or a national bank such as Citibank and ask about the requirements for getting a small business loan.


LarryB13 (Arizona)
Posts: 4,099
Posted:
Joseph,

Did you read any part of this thread before posting your reply or were you just looking for a way to add some spam to the menu with your link to the law firm?
JosephD7 (Kentucky)
Posts: 2
Posted:
Yes. I read this thread before posting the reply. but why are you asking me this type of question?


LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JosephD7 on 05/31/2012 5:11 AM
Yes. I read this thread before posting the reply. but why are you asking me this type of question?

Two reasons:

First, you included a link to a law firm.

Second, the question posed by the OP was how does a member find the identities of those who lent his HOA money for a golf course. Your response (get a small business loan from a bank) did not even remotely address that issue and appears to have been posted for no other purpose than to spam us.

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