HOA contracts and documents

Started by BruceE1 • 4 replies • 254 views

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BruceE1 (Florida)
Posts: 21

Posted:

Hi recently a unit owner in the HOA complex (not a condominium) requested a copy of a warranty we were told we had on roofing repair and interior damage. This was due to some water damage they had. The HOA company refused to give them a copy. Can they do this? Does the HOA management company have to provide this information? Does the request need to be in writing for them to comply? This complex is in Fl. thanks

WendyM5 (North Carolina)
Posts: 1,522

Posted:

SEND CERTIFIED LETTER. you dont' even have to go to the post office. you can use letterstream.com
example below:

Here's a sample letter that a unit owner could use to request documents from the HOA management company in Florida:

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]

[HOA Management Company Name]
[Address]
[City, State, ZIP Code]

Subject: Request for Access to Warranty Documentation and Related Records

Dear HOA Management Company/Board of Directors,

I hope this letter finds you well. I am writing to formally request access to specific documents as a member of the _________ HOA. This request is made in accordance with Florida Statutes, Chapter 720.303(4), which grants homeowners the right to inspect and copy the official records of the association.

I am requesting access to the following documents:

A copy of the warranty related to the recent roofing repairs.
Documentation pertaining to any warranties or guarantees covering interior damage repairs.
Any other records or documentation related to the aforementioned repairs and warranties.
I would appreciate it if these documents could be made available for my review within the statutory period of ten business days, as stipulated by Florida law. If there are any fees associated with copying these documents, please inform me of the total cost in advance.

To facilitate this process, I am available to review the documents in person at a mutually convenient time. Alternatively, if possible, please provide electronic copies via email to _______________.

Thank you for your prompt attention to this matter. I look forward to your response and appreciate your cooperation in ensuring that the members of our community are fully informed and have access to the necessary records.

Sincerely,

vis ta vie

WendyM5 (North Carolina)
Posts: 1,522

Posted:

(4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a) Copies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their designated mailing addresses

https://www.flsenate.gov/Laws/Statutes/2023/Chapter720/All#:~:text=%284%29%20%E2%80%9CDeclaration%20of%20covenants%2C%E2%80%9D%20or%20%E2%80%9Cdeclaration%2C%E2%80%9D%20means%20a,parcels%2C%20or%20their%20association%20representatives%2C%20must%20be%20members.

vis ta vie

BruceE1 (Florida)
Posts: 21

Posted:

thank you very much for the information

DouglasK1 (Florida)
Posts: 2,046

Posted:

Note that there is nothing in FS720 that requires the association to send you information. It does grant the ability to inspect and copy records. Make a request to inspect the records pursuant to 720.303(4).

Escaped former treasurer and director of a self managed association.

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