RalphB5 (Florida)
Posts: 26
Posts: 26
Posted:
Is the management company that manages a home owners assoc. required to be familiar with the gov. docs of the assoc. when they respond to public records of the assoc request. thank you
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
hoa sssoc gov docs
Started by RalphB5 • 7 replies • 208 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
The MC certainly should be familiar with the docs and be ready to refer to them as needed, but I'm not sure if there are any laws "requiring" that.
Keep in mind that the board of directors is ultimately responsible for running the association and that the MC works at the direction of the board. That said the board "should" also be familiar with the governing docs, but again, often they are not.
You don't mention if yours is an HOA or Condo association. For HOAs, the governing statute is FS 720. 720.2033 says:
"Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment."
Condos are governed by FS 718, it has similar language.
Keep in mind that the board of directors is ultimately responsible for running the association and that the MC works at the direction of the board. That said the board "should" also be familiar with the governing docs, but again, often they are not.
You don't mention if yours is an HOA or Condo association. For HOAs, the governing statute is FS 720. 720.2033 says:
"Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment."
Condos are governed by FS 718, it has similar language.
Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
The MC certainly should be familiar with the docs and be ready to refer to them as needed, but I'm not sure if there are any laws "requiring" that.
Keep in mind that the board of directors is ultimately responsible for running the association and that the MC works at the direction of the board. That said the board "should" also be familiar with the governing docs, but again, often they are not.
You don't mention if yours is an HOA or Condo association. For HOAs, the governing statute is FS 720. 720.2033 says:
"Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment."
Condos are governed by FS 718, it has similar language.
Keep in mind that the board of directors is ultimately responsible for running the association and that the MC works at the direction of the board. That said the board "should" also be familiar with the governing docs, but again, often they are not.
You don't mention if yours is an HOA or Condo association. For HOAs, the governing statute is FS 720. 720.2033 says:
"Within 90 days after being elected or appointed to the board, each director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. Within 90 days after being elected or appointed to the board, in lieu of such written certification, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by a division-approved education provider within 1 year before or 90 days after the date of election or appointment."
Condos are governed by FS 718, it has similar language.
Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Also, as far as I know, there is no law mentioning "public records request". FS 720 and 718 both allow members to inspect and copy records, see the relevant statute for details. Of course, there is nothing stopping an association from providing records without an inspection, but they don't have to.
Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
There also, Ralph, should v be language in your covenants or Bylaws that gives owners the rights to request Association records and such records may even be listed.
With Douglas, sadly, many directors and community managers are NOT familiar with the HOA's governing docs, let alone state statutes. I think I read one that the certification to be some sort of CM in Fla. has very skimpy requirements.
With Douglas, sadly, many directors and community managers are NOT familiar with the HOA's governing docs, let alone state statutes. I think I read one that the certification to be some sort of CM in Fla. has very skimpy requirements.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It is not required but recommended. The MC is not a HOA member. Their contract may dictate they enforce the rules. Otherwise they are public documents but for the by laws.
Former HOA President
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By RalphB5 on 09/24/2023 5:19 PM
Is the management company that manages a home owners assoc. required to be familiar with the gov. docs of the assoc. when they respond to public records of the assoc request. thank you
Is the management company that manages a home owners assoc. required to be familiar with the gov. docs of the assoc. when they respond to public records of the assoc request. thank you
I advise you to focus on whether the HOA is violating the law or its bylaws. If the manager got something wrong, then just quote back the bylaw or state statute section to him or her. If the manager refuses to accept what you quote from the bylaws or state statutes, post back here with details.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Ralph
What records are you looking to see? has the PM said no you cannot see them?
What records are you looking to see? has the PM said no you cannot see them?
🎯 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