Association expenses

In my HOA, the management company provides it upon request. Ours provides a monthly report that includes YTD numbers, along with an annual report.

I'm with Richard, ask the MC first and see if you get any response, otherwise go to the board.

Remember that the board is ultimately responsible for running the association, the MC works at the direction of the board to handle whatever duties they have been contracted to provide.

You don't mention if you are in an HOA or condo, but there are Florida statutes regulating both that you can enlist in your quest if needed. FS 720 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html) applies to HOAs, FS 718 (I'm less familiar with this, but there are some similarities) applies to condos.

720 requires associations to make records available for inspection and copying (may be costs involved if you use their copier, cell phone pics are free) of records within 10 days of a request, read the link for details. There is also a requirement for annual reporting, do you get an annual financial report or is one made available? If you have an MC they should be familiar with this, one of their duties should be to know FL law and help the board make sure all applicable laws are followed. Other posters here might chime in how 718 is similar or differs, or you can easily find it online and read it yourself. Since the laws are fairly long, search for things like "inspection" and "report" to find the relevant sections.

Please post back if you have any questions, there are quite a few Florida posters here who are familiar with what FL law requires.

Send a certified letter to the board asking for it. They have 10 days to make it available to you. If the board has designated the management company as its agent to fulfill your request then it's up to them to forward the request to the management company.

FS 720.303(5)
"The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request."

An owner has an absolute right to inspect the official records of the association in Florida. I would make my first (and only) written request to the board. Make sure your request is specific and be prepared to pay for photocopies if you don't have a portable scanner.

Our accountant gave us a list at every meeting. Only had a few copies but we handed them out to any member who asked. It was what our meetings were about. Reviewing the expense report. We did NOT give out the Collections report to anyone else but board members. You could know about your individual account but not make it public. We would give an overview of what we collected that month and what expended.

Just ask or go to a board meeting. The management company is to do what the board tells them to do if things are working right. I would ask a board member for a copy of expense report if available. You may be charged for a copy as it does cost money to produce.

I agree with Scott and Geno ... first ask. Any HOA who is running above board and honestly will immediately provide the information. You should also receive annually budget information to be approved by your members at your annual meeting. Depending on your HOA this can be more or less detailed. I find that smaller HOA's tend to be more detailed while larger HOA's tend to condense their larger information. A well run HOA should have nothing to hide.

In Florida the level of reporting financial is determined by factors such as size and amount of association dues received. Some associations require a full audit others only a review and others just a compilation. These reports are usually, at least, offered to the owners within I think 90 days after the end of the fiscal year. They represent real money obtained, spent and reserved. Budgets, projecting future income and expenses, are developed depending on what the governing Docs say in HOA's and when silent on the matter default to statute, etc. Budgets are at least offered to the owners and there is often meetings leading up to the development of a budget. By way of budget transfers, budgets can be altered by the board during the fiscal year and money allocated for a subject is not required to be spent on it.

Since financial records are association records one could obtain such by demand. See Statute 720, See if arbitration is required if records request is denied or ignored and check to see if the association has established reasonable rules for the obtaining access to association records. There are some differences between condominiums and homeowner associations. I could not tell if you are living under Ch 718 or Ch 720 when making my comments.

FS720 is for HOAs, 718 for condos. In 720 at least, you can request to inspect/copy the association records and they have to allow it within 10 days or be subject to a $50 a day penalty for the next 10, as I recall. You can also make copies, but they can charge if you use their equipment, so unless you happen to have a laptop and portable scanner, have your phone handy and just take pictures.

Assuming the MC maintains the records, they should have all contracts, including theirs and you should be able to inspect it. There are only a few things that are aren't allowed to see, vendor contracts are not generally one of them, except possibly attorney paperwork in some cases.

Timothy, you have an absolute right to see that contract. If the management company will only send a copy to the president then it is up to the president to give you access to it. Also, please don't name the managment company, that's against the site's posting rules.

If you live in an HOA then it is covered under FS 720. If you live in a condo then it is covered under FS 718. Both have the same provision regarding inspection of official records.

The association is responsible for giving you access to the official records, not the management company. Did you sent a certified letter requesting the information to your board? Did you get a return receipt that it was delivered?

FS 720.303(4) defines what the official records are, and that includes:
"A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility."

FS 720.303(5)(a) and (b) say:
"The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection."

"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."

Count off 10 business days from the date the letter was delivered. Beginning on the next business day the association owes you (at least) damages of $50 per day up to a maximum of $500. Find out what you need to do to sue for the $500 in Small Claims Court.

You are not alone having this problem, Timothy. Getting access to your association's official records is the single most common complaint against homeowners and condo associations.

Here's another resource for you ->linky<-

Townhomes may be FS 720 HOAs or FS 718 condos. Check your governing documents, if it's a condo there should be a "Declaration of Condominium" filed with the county. Otherwise, it's probably an HOA. The management company ignoring you is, unfortunately, not unusual.

Gwen,

Regarding what starts July 1, 2018, could you point me to the enabling statue or bill ?

Geno,

From multiple sources, I heard that Gov Scott vetoed bill 653 on 6/26/17.

However Bill 1237 is now law, effective 7/1 and that affects Fla. condos.

Senate bill 398 is also now law and affects Fla. HOA's.