hoa won't follow 720 FL regs

Started by MaryC36 • 5 replies • 296 views

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MaryC36 (Florida)
Posts: 2

Posted:

Our Florida hoa did not appear to be as upfront as it should with finances. Therefore, we started asking for financial information in Nov 22 and finally only received partial info in Feb 2023. Our Bylaws and 720 regs states that if requested, the HOA has 10 days to provide financial info or a $50 a day fine can be instated. We asked then demanded the $50 a day ($500 total) and the hoa : respectfully denied" our request with no other explanation. What would you do next? Who do we complain to?

SheliaH (Indiana)
Posts: 6,964

Posted:

Google is your friend -try this agency:

Division of Florida Condominiums, Timeshares, and Mobile Homes - https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4017

There's an online form you can complete or call 1-800-226-9101 (Florida area codes) or 850-488-1122 to request a form.

It's possible this may end up with a private attorney, so if "we" means you and several other neighbors, you may want to start talking now about taking that route if the Division isn't able to assist you. You will need to pass the hat to pay for an attorney, but if this ultimately winds up in court and you win, part of your lawsuit should also request reimbursement of court costs and attorneys fees.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

ElleN (Idaho)
Posts: 4,420

Posted:

MaryC36, good question.

From reviewing FS 720, in my opinion, you will have to hire an attorney to force the HOA to comply with the statute. Here is why I say this:

From FS 720.311:
"Disputes between an association and a parcel owner regarding... access to the official records of the association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court. ...

Disputes subject to presuit mediation under this section shall not include the collection of any assessment, fine, or other financial obligation, including attorney’s fees and costs, claimed to be due..."

It's complicated. Without an attorney, you can try the route SheliaH describes. It's not quite clear to me that this is legally the route to take, but I do not see harm in trying. The HOA will undoubtedly hire an attorney and the HOA attorney will tie you all up for months or maybe years.

Next time you all want to send a letter requesting inspection of certain HOA documents, post here on the same day. I have some advice to get a quicker response from the HOA and what to do the instant the deadline passes and FS 720's "damages" commence.

RobertP32 (Florida)
Posts: 7

Posted:

@EllenN I'd be interested. I've asked for the sign-in sheet and proxies as I feel like my FL HOA, Did not follow it's own bylaws as to how it conducts elections, had the Annual meeting not in November, but rather to following Feb, and has improperly raised HOA assessments.

ElleN (Idaho)
Posts: 4,420

Posted:

RobertP32, write a letter like the following:

Dear Board of Directors,

Pursuant to FS 720.303 (4) (l) and FS 720.303 (5), please provide a time when I may inspect this past year's annual meeting sign-in sheet, ballots and proxies.

I look forward to your providing a time for this inspection that is within the statutorily required 10 business day window.

Sincerely,

name
address
phone
email addie

Per FS 720, you must send the letter certified mail, return receipt requested. I advise sending this to the registered agent as listed at the Florida Secretary of State site, corporations section, https://search.sunbiz.org/Inquiry/CorporationSearch/ByName.

For other concerns (like not complying with the bylaws), please start a new thread.

For both you and the OP, with difficult, rogue-ish boards, the quickest way to cause change is by running for the board with people who feel as you do, and hopefully winning a board majority. This is almost always incredibly laborious and not always successful. But is is the least painful of all the choices and has a greater chance of success IMO.

If the HOA does not set a time inside the window, then post back (preferably in a new thread).

NormanK2 (Florida)
Posts: 39

Posted:

We don't believe they should know how we vote and the Address for the vote has our name with it people doing the counting are in another room that we cannot go into so they could look at any of them and see the vote this is what the HOA board sent out when it was bought up.
Sent: Tuesday, March 21, 2023 2:34 PM
Subject: Proxy Email please

Hello everyone,
When filling out your proxy for the annual meeting please DO NOT unstaple
the papers. (We understand it has been stated on a Facebook page to rip the
pages apart) All voting is private but it has to be verified that the proxy
for each address is signed by the owner. This is done by members who are
counting the votes and verifying the signatures.
None of the candidates are involved in the verifying process and nobody
looks at the votes for the election, only the back page for the marking
process.
If there are two proxies handed in for one address, they are only counted
for the quorum, not voting.
Linda will be verifying addresses with signatures and Sue will
be the watch for that. After the signatures are verified the papers will be
separated.
Dave will count votes for the election along with Sue. Linda
will take the back pages and tally the votes for the selling of the
property.
Proxies should be sealed in the envelope given out with the proxy and
dropped into the office drop slot.
Thank You,
Terrace Park Board of Directors

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