FL Owners rights to view records of a commercial condo association

Started by JayneR1 • 6 replies • 149 views

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JayneR1 (Florida)
Posts: 3

Posted:

Several owners did a formal request to view original bank statements, deposit slips and legal invoices from our CAM. Everything going back 4 years on 300 legal invoices was redacted and only deposit slips from prior CAM (4yrs and older) were provided, no bank statements. Weve filed a complaint with Dept of Business Regulation, which is going to arbitration. They have had the boatd attorney file a motion to dismissed siting commercial owners do not have a right to these records. I'm not able to find anything regarding a difference in residential and commercial rights or a list of what records we can and count see other than any personal information and any legal with ongoing negation comments can be redacted. We have serious doubts that a lot of money paid has not been deposited but can't get proof unless we can compare some check numbers that we know shoukd have bern deposited to the slips. Can anyone clarify what we are entitled to see and any advice on next steps if we don't get them?

KerryL1 (California)
Posts: 14,550

Posted:

I'm not sure, but are you talking about one HOA, which has commercial lots and residential lots?

Our Association is about 5% commercial Lotts and 95% residential lots. and any worse can review the "financials" expect for confidential matters.

What does this mean? "We have serious doubts that a lot of money paid has not been deposited but can't get proof unless we can compare some check numbers that we know shoukd have bern deposited to the slips."

In my "mixed us" HOA any owners can review all deposits (unless confidential).

LoriM15 (Florida)
Posts: 1,009

Posted:

What statue governs the association? Is it governed by FL 718, 720 or some other statute? That makes a difference.

TamaraG7 (Florida)
Posts: 35

Posted:

Quote:

Posted By JayneR1 on 02/01/2025 12:23 PM
Several owners did a formal request to view original bank statements, deposit slips and legal invoices from our CAM. Everything going back 4 years on 300 legal invoices was redacted and only deposit slips from prior CAM (4yrs and older) were provided, no bank statements. Weve filed a complaint with Dept of Business Regulation, which is going to arbitration. They have had the boatd attorney file a motion to dismissed siting commercial owners do not have a right to these records. I'm not able to find anything regarding a difference in residential and commercial rights or a list of what records we can and count see other than any personal information and any legal with ongoing negation comments can be redacted. We have serious doubts that a lot of money paid has not been deposited but can't get proof unless we can compare some check numbers that we know shoukd have bern deposited to the slips. Can anyone clarify what we are entitled to see and any advice on next steps if we don't get them?

Your monthly financials include bank statements which will show all deposits; much easier to request financials for the dates you're interested in; your association attorney can also provide you with legal invoices.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Jayne

Your request sounds like a witch hunt. What is the problem as you see it.

JayneR1 (Florida)
Posts: 3

Posted:

As far as I know we are governed by FL718. It's by far not a witch hunt. All we have to go by is the financials which our CAM posts and can't be followed. I've found several huge irregularities. They post our bank statements but failed to post July during which time $475,000 disappeared from June's ending balance and August beginning. I've also found a month where the $32,000 which is our monthky reserve part of our dues was not transfered into the reserve account. Several owners were just put on the past due and they were trying to take their voting rights away for not paying the last $4000 assessment, which they had paid. The money was eventually found in the operating account. They have an ongoing history of not posting owbers payments. 3 years ago they insisted I did not pay 3 months dues, even though I sent them bank statements showing I had. They made me pay it again. It took 3 years and threat of a lawsuit for them to eventually find it, in an account they said didn't exist.

JayneR1 (Florida)
Posts: 3

Posted:

We also do not know if the bank statements they do post have been altered as it's obvious different things have been whited out and changed. One of the new board members has teued to get online bank viewing access to check this but has been denied by the old board members.

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