A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Request for listing of special assessments

Started by PaulZ • 10 replies • 742 views

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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PaulZ (Florida)
Posts: 3
Posted:
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am not sure what your hunting for with this information. Past information doesn't necessarily help the current situation. Seems need to get more involved to find the answers why your HOA isn't collecting enough funds to cover what it needs by finding out what those needs are.
Former HOA President
PaulZ (Florida)
Posts: 3
Posted:
Melissa,
my ledger contains several invoices that I don't recognize - they appear to be either charges from someone else's account, or special assessments.
I asked other owners, and none of them had to pay extra assessments those months. Therefore, I'd like to make sure that it wasn't an additional assessment that simply was not communicated out...
MelissaP1 (Alabama)
Posts: 13,836
Posted:
If it's your account then I would ask about those specific extra charges. Special assessments should be in meeting notes. Now how did you acquire this home factors into a few issues. Florida is one of those few states that can make a new owner responsible for the previous owner's debts. If you purchased this as a foreclosure/short sale you may not have been informed of this previous amounts owed.

It also could be that they are not recording the amounts right. Like we require the lot # be on the check. Well if someone writes the wrong # on the check, it may not be caught immediately. That is another scenario.

Another scenario is that if your asking questions to the lawyer or MC, they may charge for that. May want to clarify that. Also check for fines may not be aware of.

The bookkeeper if it is the MC should give you this information on your account. However, if it's for the overall HOA, then I would go to the board.
Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
So, Paul, by "additional assessments," you means fees or charges to you alone beyond your normal monthly or annual assessments, right?

I think I'd send a written request to your management company. If they don't reply, try a second one and copy the entire board, sent return receipt requested.

In CA, we only may request records for the previous two yard plus the current year. What does FL permit?
PaulZ (Florida)
Posts: 3
Posted:
Correct, Kerry - I paid all the normal monthly fees as expected, yet the assn shows some additional invoices with no explanation of those charges. I want to make sure that there were not some out-of-band special assessments that I didn't know about.
The assn/ MC refuses to talk to me saying I have to go through their lawyer (who also ignores requests to explain charges)
I want to force them to show if there were any additional special assessments for the months in question, and I believe it's violation of FL Condo regulations to deny me access to such information - my plan is to submit a certified letter requesting proof of special assessments. Just not 100% sure if I should send it to Mngt Company or Assn or both, and if I should request a schedule of special assessments for the past years, or if they can only give me Board Meeting minutes..?
RoyalpitA
Posts: 195
Posted:
Quote:
Posted By PaulZ on 10/26/2018 3:48 PM
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?

The association itself, NOT its 'hired help' a/k/a management company, is responsible.

Find the association's 'registered agent' via your state's attorney general web site and send the request via certified mail.

Keep a copy but do NOT open the envelope if returned. The judge or the court clerk can open it.

Best of luck.
RoyalpitA
Posts: 195
Posted:
Quote:
Posted By RoyalpitA on 10/26/2018 7:06 PM
Posted By PaulZ on 10/26/2018 3:48 PM
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?


The association itself, NOT its 'hired help' a/k/a management company, is responsible.

Find the association's 'registered agent' via your state's attorney general web site and send the request via certified mail.

Keep a copy but do NOT open the envelope if returned. The judge or the court clerk can open it.

Best of luck.

SORRY for my 'typo' : Should have read 'Secretary of State'.

https://dos.myflorida.com/sunbiz/
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By PaulZ on 10/26/2018 7:02 PM
I want to force them to show if there were any additional special assessments for the months in question, and I believe it's violation of FL Condo regulations to deny me access to such information - my plan is to submit a certified letter requesting proof of special assessments. Just not 100% sure if I should send it to Mngt Company or Assn or both, and if I should request a schedule of special assessments for the past years, or if they can only give me Board Meeting minutes..?

I'd send it to the Board of Directors and the association's registered agent (which is often the management company).

The board is responsible for replying to your official records request. I'd leave the MC out of it. If the MC has posession of the records then it's up to the board to arrange for you to have access (or copies if you want). The difficulty owners have in obtaining official records is one of the most common complaints in Florida condos and HOAs.

You can ask for past minutes and search through them for any mention of Special Assessments. I imagine the year-end financial reports which every member is entitled to have a copy of (free-of-charge) would also mention any special assessments during the year for which the report was written.
EdC5 (Florida)
Posts: 117
Posted:
As a FL CAM I would like to clarify a few things.

1) The board (and/or MC) doesn't have to provide information, create reports/lists, or research questions. Instead, the OFFICIAL RECORDS must be available for an owners INSPECTION, and the board/MC has to allow this (at reasonable times .. in other words: "I work until 6 pm and can't look at them until after 7pm" isn't going to fly if the MC's office closes at 5pm).

2) An owner has the right to copy the official records. The owner can do this with his own equipment (this includes scanning); however, if the copies are made on the association's/MC's equipment then the board/MC can charge (without looking up the statute I believe the allowed charge is up to 25¢ per page).

3) If you're making a request for official records be as specific as possible. I've had owners write me wanting "the board minutes"; the response to that request is "which month and year?"

Also, starting in 2019, for both COAs and HOAs, associations of over 150 units must have a website with official records (governing docs, financial records, bids, etc.). The statute doesn't require that past records be scanned and placed on the website; so, typically, most associations will only have records going forward from the effective date.
Edward J Cooke, CMCA, LCAM
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By EdC5 on 10/29/2018 9:34 AM
Also, starting in 2019, for both COAs and HOAs, associations of over 150 units must have a website with official records (governing docs, financial records, bids, etc.). The statute doesn't require that past records be scanned and placed on the website; so, typically, most associations will only have records going forward from the effective date.

I see that requirement for condos in FS 718. Where is that also applicable to HOAs? FS 720 does not mention anything of the sort.

Putting official records online from 2019 forward doesn't change the need to retain records from previous years in whatever form they currently exist.

🎯 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

Terms of Use and Privacy Statement