Developer won't turnover Documents

I need some serious advice. Our HOA was turned over to the homeowners in Aug. 2005. Per the Florida State Statues, our docs should have been turned over to us (I'm the Sec) Nov. 2005. I have called the Developer and received 3 different answers; first they turned them over to the Assoc manager (nope - she never got them); then they were in storage; last, "we don't know what you are talking about, we were not the developer (a bold faced lie since their names are all over the docs we do have). My next step was to comtact the attorney the assoc manager uses for us (he is also the registered agent) and he told me to "get over myself, I will never get the documents I am asking for" at which point I hung up and called our assoc president and cried for an hour. ( I admit i'm hormonal and just had a baby) Any one with ideas of where to go from here? Some of the documents are public record and I have copies of those. I would still like the originals and the minutes from any past meetings and the financials etc. I am out of ideas, and the thought of camping out in their offices with a screaming baby is atrating to sound appealing at this point.

Thanks,

Joelle

Joelle, I think I misinterpreted who is your registered agent. If the attorney is really your registered agent (not the manager) and gave you that response, he needs to be reported to the Florida state bar association. The registered Agent of a corporation is required under the articles of incorporation to maintain the association documents. Therefore, this attorney is not only rude and incompetent but is also ignorant of the law.

As a FL HOA that encountered the same issues (and more), get agreement with your BOD and hire your own attorney and consider changing management companies - now!

The developer is already in violation of FL Statutes and if you also have turnover issues with the developer you need to get going as soon your Board will commit.

We are now more than three years into finalizing the outstanding issues from turnover. It's taken legal mediation and a monetary settlement from the developer, but they are still dragging their feet on one item which we've given to the state to solve.

And I agree with Roger - report the attorney of record!

the registered agent is the attorney that the management company hired way back when. The managing company is someone else, but in serious cahoots with the attorney. We are having a board meeting on tues and will get all this in motion. I am printing out this forum. I can't wait to see the "rats" scurry when they found out we are voting to start suing them over this nonsense

I believe the documents are required by Florida statute to be recorded with the county. In our area of Florida, the community documents are posted on the web and viewable from a link on the county web site. At a minimum, you should be able to visit the office and get a copy.

I noticed that our design standards are not on the web site. They may still be recorded with the county (I'm not sure).

Joelle,

Roger has pointed you in the correct direction. Like Colorado, in Florida, your docs are required to be filed with the county and you should be able to get a copy of the CCR's from them - Covenants, By-laws and Articles of Incorporation - and the incorporation papers should also be in Tallahassee with the state. They MAY even be posted on the county website.

I sincerely hope you never get to the point of suing them - it will be expensive and a very long and involved process. Hopefully, when the developer finds out your BOD is serious about things, they'll be more forthcoming.... but your "own" attorney is the starting point.

Also start doing some networking with different HOAs in your area - I found it invaluable to contact other presidents in our locality for information and recommendations as well as management companies, attorneys and/or vendors to stay away from. You know the name of other communities in your neighborhood - all incorporated HOAS have a list of the current Board Officers on the state corporation website. It will take a little digging but worth the effort.

I've sent side email to you as I prefer not to post HOA name. If further email or a detailed phone chat will be of benefit, we'll take it from there.

We just had a fantastic meeting! I wish you all could have been there. Our Association Manager forged our Treasurer's signature on a not-for-profit document and we nailed her to the wall! We also voted to fire our attorney and hire a new one to track down our documents.

POWER TO THE HOA BOARDS OF AMERICA!!!!

Okay I am gloating a little, but the look on her face was priceless!