Still on the BOD and I have lots of questions...

Started by MarloM • 2 replies • 1264 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MarloM (Texas)
Posts: 17

Posted:

Please see previous post for background if needed. http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/16453/Default.aspx

So we met today to discuss my miscreant behavior in creating the neighborhood forum. I reiterated that the site was parked and not active and everyone had the opportunity to vent about me. One member was supportive and suggested we take my ideas and install them on the PM’s site, this could of course there is no time constraint on delivery so who knows when that might happen.

The PM delivered a document which outlined his Management Plan and mentioned the Operating Agreement which was referred to in the CC&Rs. I suggested that they include these documents on the PM website along with the other pertinent documents included there but the PM said the Operating Agreement was not filed. It seems as a member of the Owner's Association I should be able to view this document, is this correct? Is it necessary to be filed?

In the Management Plan there were some things I have other questions about.
1. It says the PM’s contractual termination date is 12/31/2020, if the developer relinquishes control prior to that date (his is supposed to when 75% is sold or 12/31/2015, whichever is sooner) is the HOA still contractually obligated to work with him?
2. Also stated was that the PM would provide statements, which I have never received, to the developer and AC members every month including the following:
a. Summary of events and actions of the previous month
b. Financial report with revenue, expenses, balance sheet, AR statement, covenant infraction log and to do list.
3. Also named were several committees, Advisory, Clubhouse, Playground, Covenants, Communications, Safety and Finance. To date even though I am a member of the AC I still don’t know who the member’s are of the other committees or how to contact them. I have requested this information be added to the website twice previously but still no results.

I am afraid to even bring up anything after all of the to do over the forum, I can't stand that I am on the AC and don't feel safe voicing what I believe to be reasonable expectations. Our next meeting is scheduled the 18th and the Owner's Meeting is the 24th, all topics for the Owner's Meeting have to be approved prior to the meeting by the PM.

Any suggestions?

BradD2 (Florida)
Posts: 418

Posted:

If I remember correctly you in Florida. As a member of an HOA in Florida you can at any time request nearly any document (within the last few years) and they have 10 days to provide you a copy for a nominal cost (unspecified in the Florida Statutes). If they do not within 10 days you are eligible for compensation at a rate of $50 a day for up to 10 days per item requested that was not provided to you. The request is best enforceable if sent in writing by registered mail.

I have seen past cases where this was handled in a small claims court and was pretty much an open and shut case. You show your records and reciept of the returned delivery of the letter and a copy of the letter in court as well as a copy of the florida statutes (print the whole thing and just highlight or mark what you need).

Florida Statute 720.303.5 says:
(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. 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) 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, records to be inspected, and manner of inspections, but may not impose a requirement that a parcel owner demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner's 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 association's 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 and may charge the actual cost 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. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to members or parcel owners:

1. Any 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, any record prepared by an association attorney or prepared at the attorney's express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.

3. Disciplinary, health, insurance, and personnel records of the association's employees.

4. Medical records of parcel owners or community residents.

JM2 (Oregon)
Posts: 439

Posted:

Hi Marlo:

There may be a termination clause in the PM's contract with the HOA (very likely) that would spell out terms of cancellation of the contract; typically it's a 30, 60 or 90 day notice from either party. So in effect, although the contract is until 2015 or 2020, the BOD (meaning the developer at this point) can terminate the contract just about whenever he/she wishes to do so.

When there is a "pre-Turnover" contract with a PM, usually the PM likes to keep the developer happy. You may be able to get further by simply talking with the developer on issues prior to the meeting; or, you may be able to find out if you're simply spinning your wheels, if the developer really care what you think.

It would be normal for the agenda for the owner's meeting to be set prior to the meeting and announced (in some states it's a requirement) along with the meeting announcement & proxy forms (if proxy forms are needed at this point).

You might check with other AC members to see if they are receiving the summary and financials every month; if not, then it would be something for the whole AC to pursue together.

Best of luck,

J. Patrick Moore, CMCA

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here