Receiving information from the HOA

Started by RayA2 • 14 replies • 1992 views

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RayA2 (Florida)
Posts: 6

Posted:

I want to know my right as a resident in
good standing" asking for and getting HOA information such as contracts that apply to services in our community

JimR24 (Texas)
Posts: 399

Posted:

Quote:

Posted By RayA2 on 07/04/2015 8:06 AM
I want to know my right as a resident in
good standing" asking for and getting HOA information such as contracts that apply to services in our community

I would think that you have rights to most any information retained by your Association. Course now, privacy laws and other sensitive information (especially about other residents, legal actions, personnel and such) which might violate state and federal laws will apply. What kind of information are you interested in?

Lovin' life with my honey!
and, President of HOA in Texas

RayA2 (Florida)
Posts: 6

Posted:

We currently have a security firm that has been with the community for several years. Recently they have chosen to eliminate some of their service. Since we, our community is part of a master HOA controlling Board, and are the ones who make the contracts.
I want to view the contract and I want a breakdown of what our community pays towards the security. I also want to see the security company's duties as described in the contract.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By RayA2 on 07/04/2015 8:06 AM [emphasis added]

I want to know my right as a resident in good standing"

Ray,

When you say resident, do you mean a member of the Association (owner) or do you actually mean simply a resident (owner or renter)?

As a resident, you have the right to use the common area and the common amenities.

As a member, you have a right to review (which is not the same thing as having them make a copy and send it to you) records of the Association. Records of the Association are defined by statute.

See

FL 718 Condominium Act.

or

FL 720 Homeowner Associations

RayA2 (Florida)
Posts: 6

Posted:

We are owners of a home in the community and pay HOA dues. We also have voting rights as well as able to become members of the Board

RayA2 (Florida)
Posts: 6

Posted:

We are owners of a home in the community and pay HOA dues. We also have voting rights as well as able to become members of the Board

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By RayA2 on 07/04/2015 8:51 AM
We currently have a security firm that has been with the community for several years. Recently they have chosen to eliminate some of their service. Since we, our community is part of a master HOA controlling Board, and are the ones who make the contracts.
I want to view the contract and I want a breakdown of what our community pays towards the security. I also want to see the security company's duties as described in the contract.

You have the right to request "viewing those specific records" within a specific period of time at the location designated at a cost to you. For the associations we manage those records could be emailed to you at no cost.

KerryL1 (California)
Posts: 14,550

Posted:

So, review the statutes listed by Tim (above), Ray.

I'm not going to read them, but I believe that Roger is correct but that you probably need to make your request in writing and the board/PM has X number of days to make them available.

Like Roger, Our HOA also sends these contracts electronically when Owners request them (which is rare). In CA, we must provide just about everything with the ones Ol'Jim lists as exceptions. Along those line, you won't be able to review the wages of individuals who work as your security vendor's staff.

RayA2 (Florida)
Posts: 6

Posted:

I read the FL720 statutes. As you said it states that I have right to look at and receive these records from the Assoc. All within a certain time period and possibly at a cost. Many thanks to you all for your quick and knowledgeable response to my question.
Ray

RayA2 (Florida)
Posts: 6

Posted:

GenoS (Florida)
Posts: 4,276

Posted:

Ray, chapter 720 is your friend for most all of anyone's HOA questions in Florida. Would it be better if it had some enforcement teeth in certain sections? Absolutely. But even without strict enforcement or penalties for violating its strictures it's still the go-to source when you need to know what is and isn't possible. Or what should and shouldn't be allowed.

Also, in Florida, if you ever find yourself thinking about hiring an attorney to represent you in a legal tussle with your HOA, knowing FS 720 will immediately save you thousands of dollars. That's because if you know nothing about it, your attorney will spend his first 10 hours on the case educating you about it. He will happily bill you for those hours, too.

CathyC8 (South Carolina)
Posts: 8

Posted:

State laws that your HOA are required to follow will list the RECORDS your HOA must provide copies of to homeowners.

For example, in SC an HOA is not required to provide copies of contracts to a homeowner.

Remember, the HOA Board is responsible and elected to conduct business on behalf of the Association (homeowners), reviews and approves all contracts, and the treasurer reviews invoices and financials. Homeowners are shown the financials either in print or posted on websites, but the actual contract in SC is not required to be shared with homeowners.

REMEMBER a company bidding to do business and conducting business in the community is providing, costs, trade secrets, business practices and much other data that is confidential. It is the HOA BOD to keep that information confidential. IF it was shared with every homeowner the "integrity and control" of the ability to keep information provided in a contract confidential has been compromised.

Furthermore, some contracts have confidentiality agreements....

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cathy

I believe even in SC that a signed contract is part of a Corporation's Official Record and an owner could obtain a copy of such.

GenoS (Florida)
Posts: 4,276

Posted:

Trade secrets. LOL

GenoS (Florida)
Posts: 4,276

Posted:

In Florida all contracts are considered Official Records of the association and must be kept for 7 years. All bids received are also considered Official Records and must be kept for 1 year.

The homeowners have a right to inspect and copy all of the association's Official Records, and upon written notice the association has 10 business days to make them available.

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