RalphB5 (Florida)
Posts: 26
Posts: 26
Posted:
In Florida what records that are in the possession of a management company of each lot owner in an HOA are public(official ) records
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official records
Started by RalphB5 • 7 replies • 219 views
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ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
?
FS 720.303 (4) and (5) say what HOA records are "official records" and that all these "official records" must be made available to owners for inspection upon proper request.
You need to hire an attorney.
FS 720.303 (4) and (5) say what HOA records are "official records" and that all these "official records" must be made available to owners for inspection upon proper request.
You need to hire an attorney.
RalphB5 (Florida)
Posts: 26
Posts: 26
Posted:
Thank you ElleN, It is almost impossible to find a lawyer to represent a lot owner in an HOA in a dispute with the HOA assoc in the south west coast of Fl. Many on the east and northern cities.Can an invoice that is sent for an annual assessment that has been adopted and approved in late Jan at the annual meeting with a notice date it was generated and a due date 4-5 weeks prior to billing date?
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
Quote:
Posted By RalphB5 on 01/14/2024 9:56 AM
Can an invoice that is sent for an annual assessment that has been adopted and approved in late Jan at the annual meeting with a notice date it was generated and a due date 4-5 weeks prior to billing date?
Can an invoice that is sent for an annual assessment that has been adopted and approved in late Jan at the annual meeting with a notice date it was generated and a due date 4-5 weeks prior to billing date?
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Ralph,
Our assessment is due on January 1.
The new board term doesn't start until January 1.
The old board sees the assessment letter as a function for the new board.
Therefore, our invoice for assessments are sent late (mid-january).
Unless the Association is charging late fees because the notices went out late, I don't see an issue for concern.
BTW: I'm working on addressing the issue I described above.
Our assessment is due on January 1.
The new board term doesn't start until January 1.
The old board sees the assessment letter as a function for the new board.
Therefore, our invoice for assessments are sent late (mid-january).
Unless the Association is charging late fees because the notices went out late, I don't see an issue for concern.
BTW: I'm working on addressing the issue I described above.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Quote:
Posted By RalphB5 on 01/14/2024 9:56 AM
Thank you ElleN, It is almost impossible to find a lawyer to represent a lot owner in an HOA in a dispute with the HOA assoc in the south west coast of Fl. Many on the east and northern cities.Can an invoice that is sent for an annual assessment that has been adopted and approved in late Jan at the annual meeting with a notice date it was generated and a due date 4-5 weeks prior to billing date?
Thank you ElleN, It is almost impossible to find a lawyer to represent a lot owner in an HOA in a dispute with the HOA assoc in the south west coast of Fl. Many on the east and northern cities.Can an invoice that is sent for an annual assessment that has been adopted and approved in late Jan at the annual meeting with a notice date it was generated and a due date 4-5 weeks prior to billing date?
Unless your bylaws say otherwise, FS 720 does not require that a budget be adopted at the annual members meeting, just that it is adopted at a regular, properly noticed board meeting and mailed to the owners within 14 days after it was adopted. Are you sure the budget was adopted at the members meeting?
Can you give us the actual dates you are saying these things happened? What you have written is not making sense to me.
I live in Southwest Florida. There are any number of law firms here who will take on cases representing homeowners against HOAs. Even the slip and fall attorneys here regularly represent homeowners. However, it may be they don't think you have a case that is worth taking, since you would have to prove damages - and what kind of damages would there be?
RalphB5 (Florida)
Posts: 26
Posts: 26
Posted:
LoriM15 Our gov. docs state that the board at the annual meeting of the directors, the directors will adopt a budget, determine the rate of assessment and as soon as practicable after the annual meeting of the assoc.,bills for the assessment will be mailed to lot owners. Was trying to find what would be the due date on the invoice. We have 60days within due date to pay. Would you please send me the name of attorneys in or around Ft. Myers, Naples etc. who would represent lot owners in an HOA IN A DISPUTE WITH THE ASSOC. Have always had trouble requesting records I request by certified mail from management co. This month they did not pick up a certified letter at the post office even though they were notified by USPS that there was a certified letter to be picked up. according to post office 2 delivery attempts was unsuccessful. My email is [email protected]. Please keep up the great work in responding to submitted questions to this forum (esp Fl. related). your experience and knowledge is valuable to this forum. Thank You.
LoriM15 (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Quote:
Posted By RalphB5 on 01/15/2024 10:48 AM
LoriM15 Our gov. docs state that the board at the annual meeting of the directors, the directors will adopt a budget, determine the rate of assessment and as soon as practicable after the annual meeting of the assoc.,bills for the assessment will be mailed to lot owners. Was trying to find what would be the due date on the invoice. We have 60days within due date to pay. Would you please send me the name of attorneys in or around Ft. Myers, Naples etc. who would represent lot owners in an HOA IN A DISPUTE WITH THE ASSOC. Have always had trouble requesting records I request by certified mail from management co. This month they did not pick up a certified letter at the post office even though they were notified by USPS that there was a certified letter to be picked up. according to post office 2 delivery attempts was unsuccessful. My email is [email protected]. Please keep up the great work in responding to submitted questions to this forum (esp Fl. related). your experience and knowledge is valuable to this forum. Thank You.
LoriM15 Our gov. docs state that the board at the annual meeting of the directors, the directors will adopt a budget, determine the rate of assessment and as soon as practicable after the annual meeting of the assoc.,bills for the assessment will be mailed to lot owners. Was trying to find what would be the due date on the invoice. We have 60days within due date to pay. Would you please send me the name of attorneys in or around Ft. Myers, Naples etc. who would represent lot owners in an HOA IN A DISPUTE WITH THE ASSOC. Have always had trouble requesting records I request by certified mail from management co. This month they did not pick up a certified letter at the post office even though they were notified by USPS that there was a certified letter to be picked up. according to post office 2 delivery attempts was unsuccessful. My email is [email protected]. Please keep up the great work in responding to submitted questions to this forum (esp Fl. related). your experience and knowledge is valuable to this forum. Thank You.
I just sent an email with five attorneys that specialize in HOAs in our area.
There may be some confusion with the language of your bylaws. Are you subject to FS 720?
Members = owners, and your bylaws may require an annual meeting of the members.
Directors = owners (most of the time) who are elected to the board of directors
Officers = directors (most of the time) who hold officer positions while on the board of directors
What I think you are saying is that your bylaws require the board of directors to adopt the budget AT the annual members meeting. Do they require the members (owners) to vote to ok the budget? Or can the board simply vote to ok the budget themselves?
Meanwhile, it sounds like a really clunky system. The budget that's adopted is probably for that fiscal year, so they may have adopted the budget for 2024 at a meeting this month. Then they legally have 14 days to send the approved budget to the members. As for the invoices, I don't think there's any rule for when those have to be sent. But it sounds like your bylaws require you pay within 60 days of receiving the invoice. It doesn't sound logical for them to have an invoice date of January 1 if the budget isn't approved until January 15 (let's say) but I don't think it's illegal.
It may be worthwhile to speak with they board of directors about updating the bylaws to make things clearer for everyone.
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