What to do when your document request is being ignored

I requested various financial documents from the property manager and so far I'm being ignored. What process should I follow to demand these documents and what Florida government agency would I contact to assist me if they further ignore my request?

I first made my request with the property manager last week. I have followed up with various phone calls and emails but all went unanswered. The problem is there's only two board members and they both husband and wife and will not communicate with anyone.

Are you in a condo association or an HOA? Condos are governed by Florida Statute 718, HOAs by 720. Statute 720 is here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

Search for "INSPECTION AND COPYING OF RECORDS" to see what the responsibilities are. Most association records are available for inspection and copying, as far as I know, the association does not have to send you anything on request. You do not have to explain why you want to inspect the records.

They have 10 days to allow you to inspect, after that you are entitled to damages:

(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.

Statute 718 for condos might differ in details, I'm not as familiar with it.

The bad news is that there is no state "HOA police" to actually enforce the law, you have to enforce yourself via the courts. You could try contacting the AG's office, but I doubt they would help.

Send your request in writing return receipt requested. You might consider sending same to the corporation's registered agent in case the directors choose not to sign for the letter.

Are you in an HOA or a Condo association? The minimum number of directors, in either case, is 3 in Florida. Send another letter, return receipt requested, informing them of your intent to file with the local circuit court for the appointment of a receiver to manage the affairs of the association.

They'll sit up and take notice after that.

May I ask what your purpose is to want a copy of the financials? Are you stating that when you request? That purpose may make some uncomfortable. I would not state why I want to see the financials other than you want to view records that are to be open to members. Don't expect to have a copy handed to you. You most likely have to make arrangements to VIEW the documents. If you want copies, then you most likely have to pay for them.

Sometimes you don't have to see the "financials" of your HOA to know what is going on. There are of course meetings, meeting notes, and talking to others in your community who do attend meetings. There maybe various communications sent out. Some maybe referring to needing a special assessment or raising dues.

A HOA is only funded by it's members for it's members. Do you have an apathetic HOA? A lot of rentals or foreclosures? Just a general look around and communicating with fellow members can do more than financial sheets can. It can empower you and your neighbors to run for the board.

I would advise against this unless you actually intend to proceed with such an action.

If bluffing and you are called on it, you lose credibility.
If not bluffing, understand what receivership is.

If there are only 2 directors, the question to ask is why?
Perhaps no other volunteers have stepped forward to serve. Would you be willing to serve if asked?

John here is a section from the State Statute regarding your question:

718.111 The association.—

(12) OFFICIAL RECORDS.—

(c) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply. Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request. The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records. Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s. 718.504 and year-end financial information required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a member or his or her authorized representative for the use of a portable device. Notwithstanding this paragraph, the following records are not accessible to unit owners:

The full statute can be viewed here: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html

To provide "proof" of receipt of any written request ... the request needs to be sent "Certified Return Receipt", so you would know when the HOA representative received your request.

We don't know how long these things have been going on in JohnD55's condo association. On the financial records front, it's possible John hasn't submitted a proper request yet and that doing so will provide him with what he's looking for. If they've been stonewalling him for months, though, then that's a cause for concern.

Same with the condo board. It may be a short-term problem that will resolve itself soon enough. But if the only 2 directors are a husband and wife and they are and have been acting unreasonably (and possibly unlawfully) for any length of time then I think that's as good a reason as any to initiate the procedure to have a receiver appointed.

It's an extreme measure to be sure, but when the other unit owners are notified of what's about to happen - unless they wake up and smell the coffee - they'll wake up sooner rather than later. No bluffing is involved. The notice alerts all unit owners that unless a sufficent number of directors are in place within 30 days then a petition to the court will be filed asking for a receiver.

The lack of credibility would be on the unit owners who allow that to happen after receiving a 30-day notice, in my opinion. Not the owner looking to force the issue.