FL- aged receivables

ANNE,

DEAR P.M.(name)

The following is Florida Statute 720:303 (5) which allows me to have copies of any record of this association(name of)

Please read this and respond by (date)

720:303 (5) " INSPECTION AND COPYING OF RECORDS.--The official records shall be maintained within the state and must be open to inspection and available for photocopying by MEMBERS or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community. 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.

(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this subsection. "

(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.

Thank You,
AnneH

Anne,

You probably are aware that some P.Ms and Boards just don't know what the laws are. Yup, I'd be ready for a showdown too. ;)

Don't forget---"AVAILABLE FOR PHOTOCOPYING" is in the Statute.

I don't think that a list of delinquent members comes under the "documents" definition.

Donna - do you have any history with this kind of request (forcing the Board to release names of delinquents) that we could reference? Any specific definition of "documents"?

Maryland has just passed ground-breaking legislation (HB137, effective October 1, 2009) that requires associations to provide homeowners copies of books and records, including board minutes, financial statements and employee salaries by mail, e-mail or delivery within 21 days of a request. The charge for copying and mailing may not exceed the amount charged by Maryland courts or 50 cents per page. No more having to take off work to go to an office. That's progress!

As to the aged names the answer is yes you can get a copy $5 dollars a page mine is 4 pages long I would charge you $20 for a copy that is leagl too, What Donna neglected to tell you is you have to be exact in what you ask for if you want th entire year thats 4 pages times 2 months or $240 bucks so please be specifc. Besides which that still is not going to tell you if the member is up to date. You will also have to request the ledger for each account so lets see there are 307 members in my hoa times $240 dollars comes out to
$73,680.00 dollars hmm is it really worth all that........

When the CAM refused to send them, I replied: Please let me know if your response means that you will not provide the records, but I may come to your office and review them or if you are denying me access to the records.

Her response: I will not scan them to you, but you can call and set up an appointment with our AA, and come between 1 and 5 on Friday and review the issued quarterly financials. If you would like to look at any other file, please let her know the specific ones when you set up the appointment so we can have them ready for you.