HOA board email privacy?

I was wondering if under Florida law, do HOA board members have to release group email threads regarding homeowners if requested? I have a feeling that the board has been communicating amongst themselves regarding an issue on my property. Which leads to another question. Are the allowed to discuss official business such as a homeowner violation and a remedy for such violation outside of public meetings? Any help would be appreciated!

Anything discussed by email is discoverable (that is, can be obtained during legal discovery). Most email can be obtained even if deleted.

You can ASK for anything, but even if it is legally required the only way to get it is through legal action.

I was just wondering what "documents" they must provide under the Florida Sunshine Act. I truly feel that the powers that be have no idea what they are doing. The meetings are always a joke. They don't seem to know how to run a meeting. The last one was adjourned in the middle of a discussion regarding my property. The ARB ruled against it, I appealed it to the board and their immediate response was to let the 30 day period for them to vote on it expire, thus forcing the ARB's decision to stand. I am really trying to gain some leverage if you will.

Mark,

The Florida Sunshine Act does not apply to your Association or Corporations. It applies to the FL government.

However, FL 720.303(4) identifies the records an Association must keep and FL 720.303(5) specifies a members right to inspect and copy said records. (I would expect that FL 718, which is for condominiums, also has a similar statute)

According to FL 720.303(4)(l), the Association is to maintain "All other written records of the association not specifically included in the foregoing which are related to the operation of the association." An argument can certainly be made that this would include e-mails.

Now, you can certainly request any such e-mails. However, if the Board (truthfully or not) says that no such e-mails exist, it becomes an "I say, they say" argument. Therefore, without proof that the e-mail actually exist, you are in a stalemate. You could certainly file legal action and hope that during discovery the e-mails, if they exist, will be located. However, that would be an awful lot of time, energy and expense to go looking for something that may or may not exist. It also may or may not change anything dealing with your request for a design change.

If you are willing to share, what was the nature of the request?
Additionally, do other lots in the development have similar items?
Also, is your request in compliance with the CC&Rs and existing guidelines?

If you get approval, get it in writing and keep it forever.

There is currently no "fine" system in place. Is there a limit on how high they can set fines? Should it be relative to what we pay in dues?

Thanks Karen!

720.305 Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights.—

(1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association. Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:
(a) The association;
(b) A member;
(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions; and
(d) Any tenants, guests, or invitees occupying a parcel or using the common areas.

The prevailing party in any such litigation is entitled to recover reasonable attorney’s fees and costs. A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. This section does not deprive any person of any other available right or remedy.

(2) The association may levy reasonable fines of up to $100 per violation against any member or any member’s tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may be levied for each day of a continuing violation, with a single notice and opportunity for hearing, except that the fine may not exceed $1,000 in the aggregate unless otherwise provided in the governing documents. A fine of less than $1,000 may not become a lien against a parcel. In any action to recover a fine, the prevailing party is entitled to reasonable attorney fees and costs from the nonprevailing party as determined by the court.

(a) An association may suspend, for a reasonable period of time, the right of a member, or a member’s tenant, guest, or invitee, to use common areas and facilities for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to that portion of common areas used to provide access or utility services to the parcel. A suspension may not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(b) A fine or suspension may not be imposed without at least 14 days’ notice to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed. If the association imposes a fine or suspension, the association must provide written notice of such fine or suspension by mail or hand delivery to the parcel owner and, if applicable, to any tenant, licensee, or invitee of the parcel owner.

(3) If a member is more than 90 days delinquent in paying a monetary obligation due to the association, the association may suspend the rights of the member, or the member’s tenant, guest, or invitee, to use common areas and facilities until the monetary obligation is paid in full. This subsection does not apply to that portion of common areas used to provide access or utility services to the parcel. Suspension does not impair the right of an owner or tenant of a parcel to have vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection.

(4) An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association may not be counted towards the total number of voting interests for any purpose, including, but not limited to, the number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obligations currently due or overdue to the association.

(5) All suspensions imposed pursuant to subsection (3) or subsection (4) must be approved at a properly noticed board meeting. Upon approval, the association must notify the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand delivery.

Not to highjack the thread but it has come to my attention that there is a very dangerous substance in use in everyone's homes and HOA's that amazingly doesn't come with a warning label. This insidious substance is known as Dihydrogen monoxide, some of it's dangers include:

*Is called "hydroxyl acid", the substance is the major component of acid rain.
*Contributes to the "greenhouse effect".
*May cause severe burns.
*Is fatal if inhaled.
*Contributes to the erosion of our natural landscape.
*Accelerates corrosion and rusting of many metals.
*May cause electrical failures and decreased effectiveness of automobile brakes.
*Has been found in excised tumors of terminal cancer patients.

Despite the danger, dihydrogen monoxide is often used:

*As an industrial solvent and coolant.
*In nuclear power plants.
*In the production of Styrofoam.
*As a fire retardant.
*In many forms of cruel animal research.
*In the distribution of pesticides. Even after washing, produce remains contaminated by this chemical.
*As an additive in certain "junk-foods" and other food products.

Although it appears I am vering away from HOA's I used this as a point that people will sign anything if you dress it right.

BTW If you manage to get this insidious substance banned from your HOA, let me know. Oh yeah Dihydrogen monoxide is more commonly know by it's generic or street name - Water.

Mark,

I appreciate and agree with Karen's post. Also a little disappointed in some of the others in that, my interpretation here, some board members seem well versed in how to conduct business technically inside the law but not very transparently.

In KS new legislation effective 1/1/11 requires the board to conduct their meetings in the open, at least when decisions are rendered. A few of us have always questioned if our business was being conducted privately, but we always received the usual denials. My advice to you is to be professional, yet express your concerns to the Board. Ask them to explain how the membership is best served when actions/decisions are done privately. Tell them you think allowing for all information to be shared might just have an impact on their decision.

In our case, the typical bully leader made a decision and sent a letter to a resident that was then reported to the authorities as either the Board took action not approved in an open meeting, or that one board member was harassing a resident he had a long time conflict with. Monitor their actions as no doubt they will make a mistake just like the rest of us.

BTW, I also appreciate you being big enough to apologize! Good luck!!