UPDATE TO MY 9/25 POST GOV. DOCS

Started by RalphB5 • 7 replies • 276 views

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RalphB5 (Florida)
Posts: 26

Posted:

ON 9/4/23 Isent the HOA board by certified mail(return receipt req) to copy/ inspect the following 2 public records of the assoc. 1. copy of approved minutes of 7/31/23 monthly board meeting and 2. to inspect/copy the proof of posting and minutes of the ARB board from 1/1/23 thru 9/1/23. I included in the request the following " if there is any doubt that the posting and minutes are required please refer to our BY-LAWS PROVISION 4.15 ON PAGE 6-7 OF OUR GOV. docs and Fl. Statute 720.303(a). Both require the posting and minutes are the same as the requirements for board meetings. the following: proof of posting of board monthly meetings from Jan. 2023 thru 7/31/23 and the approved minutes of the above. Idid not receive any records relating to ARB board meetings
(postings or minutes. The last sentence from the management co that addressed my request stated:" Please note that all meeting minutes and agenda are on the portal. After not receiving Arb posting and minutes of meetings(there were several approvals of ARB lot owners submissions thru the 8 months.I then emailed the management co. asking them to review my request and their submissions as to if they met our gov. docs provisions and Fl. Stat. They emailed me back stating that my request has has been met per statute. My question: am I elgible for the ($500.00) for not meeting 10 day starting on the 10 day after receiving my request and what other recourse do ihave other than Presuit Mediation.

NA1 (Massachusetts)
Posts: 190

Posted:

your 9/25 post appears to read "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."

Is that what you're referring to here?

I had a bit of trouble following your post in this stream. So I'm paraphrasing what I think I understood - you want minutes of the ARB board for the year to September and you want "proof of posting"

The management company told you to see the portal.

You wanted them to send the minutes directly to you? Why is reading them on the portal not sufficient?

What am I missing?

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By RalphB5 on 10/14/2023 4:51 PM
ON 9/4/23 Isent the HOA board by certified mail(return receipt req) to copy/ inspect the following 2 public records of the assoc. 1. copy of approved minutes of 7/31/23 monthly board meeting and 2. to inspect/copy the proof of posting and minutes of the ARB board from 1/1/23 thru 9/1/23. I included in the request the following " if there is any doubt that the posting and minutes are required please refer to our BY-LAWS PROVISION 4.15 ON PAGE 6-7 OF OUR GOV. docs and Fl. Statute 720.303(a). Both require the posting and minutes are the same as the requirements for board meetings. the following: proof of posting of board monthly meetings from Jan. 2023 thru 7/31/23 and the approved minutes of the above. Idid not receive any records relating to ARB board meetings
(postings or minutes. The last sentence from the management co that addressed my request stated:" Please note that all meeting minutes and agenda are on the portal. After not receiving Arb posting and minutes of meetings(there were several approvals of ARB lot owners submissions thru the 8 months.I then emailed the management co. asking them to review my request and their submissions as to if they met our gov. docs provisions and Fl. Stat. They emailed me back stating that my request has has been met per statute. My question: am I elgible for the ($500.00) for not meeting 10 day starting on the 10 day after receiving my request and what other recourse do ihave other than Presuit Mediation.

What is the $500.? A fine? A court probably will not fine if the association gave you the records, even if late.

NA1 (Massachusetts)
Posts: 190

Posted:

Which would come from association funds, so your neighbors wouldn’t be very happy with you

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By TerriS6 on 10/15/2023 7:20 AM

What is the $500.? A fine? A court probably will not fine if the association gave you the records, even if late.

From FS 720:

(b) 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.

Escaped former treasurer and director of a self managed association.

NA1 (Massachusetts)
Posts: 190

Posted:

So this is just a money grab at your neighbors’ expense

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By NA1 on 10/16/2023 7:04 AM
So this is just a money grab at your neighbors’ expense

I think fairness demands that one admit that the HOA board is at least as much at fault for any fines that result here.

The law on records requests is not for nothing. I would hope you agree.

NA1 (Massachusetts)
Posts: 190

Posted:

Quote:

Posted By ElleN on 10/16/2023 7:07 AM

Posted By NA1 on 10/16/2023 7:04 AM
So this is just a money grab at your neighbors’ expense

I think fairness demands that one admit that the HOA board is at least as much at fault for any fines that result here.

The law on records requests is not for nothing. I would hope you agree.

I have no trouble with the law on records. The topic the OP refers to doesn't mention anything about what he's looking for. As I read this, the OP demands records by certified mail, sending it on 9/4 (Labor Day), then later by email, and the management company responds by email referring him to the portal. Presumably, the records are actually in the portal. They would be here, but we still get demands for delivery. We don't know when they were placed in the portal. But having them through the portal seems to not be good enough, and the OP now wants $500. If he collects it, the money will be paid by his neighbors since the management company contract almost certainly has a pass-thru clause.

He does ask on other dates about a POA in pre-suit mediation involving a lot owner and whether board draft minutes are public record.

This just sounds like a money grab.

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