Board member to Board member disputes

RobL6 (Florida)
Posts: 3

Posted:

We are an HOA in Florida and going through a transition between CAMs. One board member has asked for a full accounting of our financials, all emails sent out by our previous Administrator in the last 6 years, lists of our Covenants, bylaws and policies. Our Covenants, bylaws and policies are all posted on our website including dates amended. Our financial reports to members are posted in our newsletter every quarter and are also available on our website. Emails from our former employee are a combination of personal, announcements to members and business related. In my opinion, the information is public (for members with a website login) and the Board member should do his own research. Any thoughts?

Rob

ElleN (Idaho)
Posts: 4,420

Posted:

-- Is this a condominium, under FS 718? Or a HOA under FS 720?

-- About the governing docs (covenants, bylaws et cetera): Tell him to go to the web site, period. (Believe me, he is on my radar for being too dense to know where to get a copy. I wonder if he passed the certification yada requirement for being on the board, or if he waived it.)

-- Records requests have to be reasonable. If I were on this board, I would vote to require him to be specific about what he wanted, else ignore him.

-- Tell me what statute your HOA/COA is under, and I will say more about emails and whether they count as records that must be provided to owners.

-- I would expect a lot of nonsense from this character. Be fair but be firm. If what he requests is not consistent with statutes or the governing docs, the answer is no. Do not give him a platform. Answer him and move onto the next topic on the board meeting agenda.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By RobL6 on 01/11/2024 2:44 PM
We are an HOA in Florida and going through a transition between CAMs. One board member has asked for a full accounting of our financials, all emails sent out by our previous Administrator in the last 6 years, lists of our Covenants, bylaws and policies. Our Covenants, bylaws and policies are all posted on our website including dates amended. Our financial reports to members are posted in our newsletter every quarter and are also available on our website. Emails from our former employee are a combination of personal, announcements to members and business related. In my opinion, the information is public (for members with a website login) and the Board member should do his own research. Any thoughts?

Rob

All of that information, except the emails, are public records that have to be available for review. However, since they are already on your website (good for you - not everyone does that) then you would meet the statute by saying to download it yourself off the website.

I do not believe that the emails are part of public records you would be required to give an owner. However, if he's a board member, he may have a right. However, if I were on that board, I would take a vote of the other members. If they agree, I would sit him down in front of the computer and say go ahead and search, but we're not going to help you. Reasonable rules include view only access.

When we switched PMs last year, our old PM did not provide us unlimited access to her email. The email address was through the PM company. How is it he thinks he is going to access that?

What exactly is he fishing for?

KerryL1 (California)
Posts: 14,550

Posted:

Does FL statutes require things like 6 years of emails be provided to owners? Even if permitted to send to this director, in CA, for example, only the current year + 2 priors years of any records (except, of course, meeting minutes) need to be sent.

With others, Rob, tell him to look these up himself on the protected website. If he does not know how, which is entirely possible, it's time he learned.

If he made formal request, I guess the Board would need to put his request on an agenda and vote on it, yes?

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By RobL6 on 01/11/2024 2:44 PM
We are an HOA in Florida and going through a transition between CAMs. One board member has asked for a full accounting of our financials, all emails sent out by our previous Administrator in the last 6 years, lists of our Covenants, bylaws and policies. Our Covenants, bylaws and policies are all posted on our website including dates amended. Our financial reports to members are posted in our newsletter every quarter and are also available on our website. Emails from our former employee are a combination of personal, announcements to members and business related. In my opinion, the information is public (for members with a website login) and the Board member should do his own research. Any thoughts?

Rob

A board member has no more rights to records than a homeowner. He is not entitled to all emails sent by your previous administrator.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Per Emails as Association Official Records, a 2018 article by a FL attorney, "The Department of Business and Professional Regulation (“Division”) has ruled that emails to an association can be considered official records"

However, there are some exceptions. Read the article.

Per 720.303 (5)

If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records.

WendyM5 (North Carolina)
Posts: 1,522

Posted:

most mgt companies charge $100 to $200 per hour to look up records that are past a month in my experience. so yes if this stubborn board member wants everyone else to pay, then he should do his own work.

on the other hand our lazy past mgt company whom we fired only wanted to give us the past year's records. It took a complaint to the BBB to get them to hand over the complete 5 years worth of records they had.

also the financial overview packets given to owners is garbage, only the full financials given to the board give people the whole picture of how money is spent.

vis ta vie

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By DeanJ on 01/12/2024 12:37 AM

Posted By RobL6 on 01/11/2024 2:44 PM
We are an HOA in Florida and going through a transition between CAMs. One board member has asked for a full accounting of our financials, all emails sent out by our previous Administrator in the last 6 years, lists of our Covenants, bylaws and policies. Our Covenants, bylaws and policies are all posted on our website including dates amended. Our financial reports to members are posted in our newsletter every quarter and are also available on our website. Emails from our former employee are a combination of personal, announcements to members and business related. In my opinion, the information is public (for members with a website login) and the Board member should do his own research. Any thoughts?

Rob

A board member has no more rights to records than a homeowner. He is not entitled to all emails sent by your previous administrator.

Actually, he does. There are a number of items that are confidential and only board members can see them. Examples may include personnel records, enforcement actions (may vary by state), contracts currently under negotiation, and legal matters.

But I don't see that this particular board member has asked for these things, only items that any homeowner may see. If he wants to go on a fishing expedition, it sounds like the website will provide all the fish he wants.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By CathyA3 on 01/12/2024 4:58 AM

Posted By DeanJ on 01/12/2024 12:37 AM

Posted By RobL6 on 01/11/2024 2:44 PM
We are an HOA in Florida and going through a transition between CAMs. One board member has asked for a full accounting of our financials, all emails sent out by our previous Administrator in the last 6 years, lists of our Covenants, bylaws and policies. Our Covenants, bylaws and policies are all posted on our website including dates amended. Our financial reports to members are posted in our newsletter every quarter and are also available on our website. Emails from our former employee are a combination of personal, announcements to members and business related. In my opinion, the information is public (for members with a website login) and the Board member should do his own research. Any thoughts?

Rob

A board member has no more rights to records than a homeowner. He is not entitled to all emails sent by your previous administrator.

Actually, he does. There are a number of items that are confidential and only board members can see them. Examples may include personnel records, enforcement actions (may vary by state), contracts currently under negotiation, and legal matters.

But I don't see that this particular board member has asked for these things, only items that any homeowner may see. If he wants to go on a fishing expedition, it sounds like the website will provide all the fish he wants.

In the post, this alleged board member was requesting printed records available to the homeowners, not confidential board information. That said, there is no reason for a board member to ever print personal member information or confidential correspondence from legal council.

KerryL1 (California)
Posts: 14,550

Posted:

If complete financial records aren't available to owners, he has the right to have them.* They do contain confidential info like delinquencies.

Our MC puts all financials on the owners' protected portal except the confidential stuff like delinquents, and owners disciplined for violations with fines or enforcement assessments.