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Started by BobP4 • 5 replies • 1037 views

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BobP4 (Florida)
Posts: 6

Posted:

Our HOA (Florida) received a letter in an open board meeting that was an unsolicited offer for management services. Is this letter/offer considered an open record per the "sunshine laws" and allowed to be viewed by other association members?

MicheleD (Kentucky)
Posts: 4,491

Posted:

You want to know if you have a right to view the association's spam?

AnnaD2 (Florida)
Posts: 960

Posted:

Bob, the Sunshine laws do not, I repeat, do NOT apply to Florida Homeowner's Associations.

BobP4 (Florida)
Posts: 6

Posted:

Anna; I agree. I should have worded it in regards to section 720. The statute talks about official records, written materials, "all written records". So the question is really, a letter from a company or member that the board is considering to respond to, is that letter / proposal available to be inspected and copied by the members?

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By BobP4 on 11/20/2009 6:59 AM
Anna; I agree. I should have worded it in regards to section 720. The statute talks about official records, written materials, "all written records". So the question is really, a letter from a company or member that the board is considering to respond to, is that letter / proposal available to be inspected and copied by the members?

Is a letter received considered a "written record" of the association? My first reaction would be "no."

What is your argument that it would be? A "record" of the organization? Is it a tax document? Is it a legal response?

It's unsolicited mail. Spam basically. Are we saying now that spam is an official organization written record?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bob,

Absolutely NOT. Why was it read at the meeting and not opened or viewed prior to the meeting? This is NOT a record but a solicitation for services. It does not get considered as a record until the Board acts on it , like hiring the company.

And Anna has it absolutely correct. The Sunshine Laws are not used by HOAs except in a case where there might be a zoning or construction issue involving the City County or State.

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