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Category Archives: Official Records

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Two More Weeks Left in the 2017 Legislative Session; What Bills are Most Likely to Pass?—CALL Alert for April 24, 2017

Posted in advocacy, Budgets, Reserves & Financial, Fiduciary Duty of Board of Directors, Legislation, Official Records, Operations, Video, Voting, Water Sprinklers

There are two weeks left in the 2017 Legislative Session—assuming it ends on time. Of the many different community association bills that were filed at the beginning of session, the following four (4) sets of bills are the ones that appear to be most likely to pass. Condominium Bills by Sen. Garcia and Rep. Diaz… Continue Reading

Florida Association Boards Can Adopt Rules for Records Requests

Posted in Association Documents, Governing Documents, Official Records

Question: In a recent column, you said that an owner wanting to inspect association records has to make a written request. Does a request by e-mail satisfy the law? (B.H. by e-mail) Answer: While the Florida Condominium, Cooperative, and Homeowners’ Association Acts all require that owners submit “written” requests to inspect records, there is no… Continue Reading

New Florida Condo Bill Filed by Senator Garcia Includes Criminal Penalties

Posted in Assessment Collection, Association Documents, Budgets, Reserves & Financial, CALL Alert, Elections, Official Records, Voting

Last month, the State Attorney for Miami-Dade County released a Grand Jury Report titled “Addressing Condo Owners’ Pleas for Help:  Recommendations for Legislative Action”.  You can read the Miami-Herald Article about the Grand Jury Report here. Today, Senator Rene Garcia filed SB 1682, Relating to Condominiums, which incorporates some of the recommendations of the Grand… Continue Reading

Condo Association Must Make Records Available Within Five Working Days of Written Request

Posted in Official Records, Reader Q&A

Question: In a recent article, you stated that the Florida Condominium Act requires associations to make records available within 5 working days of a written request. However, I thought that the Association has 10 working days to provide access to the records. Which is correct? (P.G. by e-mail) Answer: You are referring to my column … Continue Reading

Right to See Association Employee Wages Ambiguous

Posted in Association Documents, Official Records, Reader Q&A

Question: Do I have the right to know the compensation package of employees of my homeowners’ association?  (J.S.by e-mail) Answer: This is a complicated issue and there is not unanimity of opinion as to what the law actually means. The answer to your question may depend on where the information you seek is contained. The… Continue Reading

There is a Difference Between Requests to Inspect Official Records and Certified Inquiries

Posted in Association Documents, Official Records, Uncategorized

Question: We have a resident asking for clarification on the proper procedure to obtain copies of an invoice for work performed in the community. In a previous column, I thought you stated that requests for official records in a condominium association must be submitted by certified mail. Does this same requirement apply to a request… Continue Reading

Approvals to Alter Condominium Property Must be Made at a Properly Noticed Board Meeting

Posted in Association Documents, Common Areas, Email, Material Alteration, Official Records, Voting

Question: I regularly attend the board meetings of my condominium association. When I cannot attend, I make certain to read the minutes when they are posted. In the association’s quarterly newsletter, the president announced that the association would be changing the configuration of a conference room to allow for storage. Though the board is authorized… Continue Reading

Homeowners Have the Right to Inspect and Copy Official Records of the Association

Posted in Official Records, Reader Q&A

Question: I recently sent my homeowners’ association a certified letter listing out five disagreements/questions I had about decisions made by the board. The president wrote back by e-mail and said that they would not answer my questions or address my concerns, but I could inspect the records of the association at my convenience. This is… Continue Reading

HOA and Condominium Association Boards Must Keep Documents Current

Posted in Association Documents, Covenant Enforcement/Violations, Official Records

Question: Our condominium documents are more than 30 years old. From what I understand, the association membership must take action at some point to make certain that the documents are not extinguished, but I think we might have missed the deadline. Is that the case?  If so, does that mean that our declaration of condominium… Continue Reading

What are considered “Official Records” in Florida Condominiums and HOAs?

Posted in Official Records, Operations, Reader Q&A

Question: I am the secretary of my homeowners’ association. In reading the bylaws, I see that I am responsible for making sure that the association maintains all official records. However, our bylaws do not specify what constitutes an “official record.” We just had our annual elections. We now have ballots, and a large number of… Continue Reading

Becker & Poliakoff Announces Launch Of Proprietary ‘BPBALLOT’ Voting Software For Community Associations

Posted in Elections, Official Records

Law firm becomes first in Florida offering proprietary online voting software to address long-standing challenges for managed communities FORT LAUDERDALE, Fla. – March 22, 2016 – The law firm of Becker & Poliakoff today announced the launch of BPBALLOT, a proprietary, secure online voting software for community associations. As the only law firm in Florida… Continue Reading

Ballots are Official Records and May be Inspected by Condominium Owners

Posted in Elections, Official Records, Reader Q&A

Question: At our recent annual meeting there was a very contentious vote on whether the association should update the clubhouse. The vote failed. Now certain owners who were in support of the project have requested to inspect the proxies. These documents show how every owner voted. Are other owners allowed to see this information?  It… Continue Reading

Keeping an Eye on HB 1357, Relating to Community Associations

Posted in Assessment Collection, CALL Alert, Legislation, Official Records

One of the bills that is still being considered in Tallahassee this year is HB 1357, Relating to Community Associations. Among other things, the bill requires condominium associations with 500 or more units and homeowners’ associations with 7500 or more parcels to post many of its official records on a website. The revised bill also… Continue Reading

No Regulation of HOAs by DBPR this Legislative Session in Florida

Posted in Covenant Enforcement/Violations, Developer Obligations, Official Records

Yesterday, the Senate Regulated Industries Committee failed to approve SB 1122, Relating to Homeowners’ Associations. The bill would have required all homeowners’ associations to pay $2.00 per parcel for the purpose of authorizing the Department of Business and Professional Regulation to regulate the HOA. The bill would have also required mandatory binding arbitration of certain… Continue Reading

New Bills Impacting Homeowners’ Associations Filed for 2016 Legislative Session

Posted in Assessment Collection, CALL Alert, Covenant Enforcement/Violations, Legislation, Official Records, Rules & Regulations, Suspensions, Fines & Remedies

HB 7031, Relating to the Marketable Record Title Act (MRTA) has been filed by the House Civil Justice Subcommittee.  Specifically, the bill provides that covenants and restrictions of homeowners’ associations will not expire because of MRTA. This will save HOAs thousands of dollars by not having to “preserve” their covenants and restrictions or “revitalize” them… Continue Reading

Does Condominium Board Have Right To Withhold Legal Opinions From Owners?

Posted in Association Documents, Official Records, Operations, Reader Q&A

Question: I am an owner in a “55 and over” condominium community. The board refuses to provide copies of legal opinions about how the board should interpret and apply certain provisions of the association’s bylaws. None of these opinions involve lawsuits. Does the board have the right to withhold these opinions? J.D. (via e-mail) Answer:… Continue Reading

Does a Florida Association Have To Have A Website For Owners?

Posted in Fiduciary Duty of Board of Directors, Official Records, Operations, Reader Q&A

Question: What information is required to be on a homeowners’ association website? My association maintains a website, but it only contains minimal information. I cannot find the minutes of board meetings, copies of contracts, or insurance policies. If the association is not required to post this information on the website and I have to submit… Continue Reading

What Rights do Homeowners in HOAs Have to Inspect Official Records?

Posted in Official Records, Operations, Reader Q&A

Question: I recently asked the property manager for my homeowners’ association whether my next door neighbor applied for approval of an expanded landscaping area, including a new garden area. I was told by the manager that I am not entitled to this information and/or documentation as it is confidential. Is this correct?  E.T. (via e-mail)… Continue Reading

Does a Condominium Owner in Florida Have the Right to Have Records Mailed to Her?

Posted in Fiduciary Duty of Board of Directors, Official Records, Reader Q&A

Question: I requested that my homeowners’ association send me a copy of the association’s contract with the pool cleaning company. I sent this request via certified mail, but the association has refused to send me a copy. Rather, the association president is insisting that I go to the office to review a copy. He further… Continue Reading