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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Tag Archives: official records

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

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

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

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

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

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

New Law On Condo Board E-mails Leaves Important Questions Unanswered

Posted in Meetings, Official Records, Reader Q&A

Question: I read your recent blog about directors conducting business by e-mail. I do not really understand how this new law changes the previous law. Can you shed any light on this? L.A. (via e-mail) Answer: Good question. The Florida Condominium Act was amended July 1, 2014, to add the following language to the statute: … Continue Reading

Condominium Associations Have no Right to “Give Out” Unit Owners’ Private Information

Posted in Official Records, Operations, Reader Q&A

Question:  I am the secretary of our association. I have read all your recent articles about the new condominium laws, but still do not understand what information contained in owners’ files I am permitted to give out. Could you summarize the current rules? E.L. (via e-mail) Answer:  As a starting point, a condominium association has… Continue Reading

New Changes in Florida Association Law Effective July 1

Posted in Legislation, Reader Q&A

Today’s column is the third installment of our annual series reviewing new laws affecting community associations, condominiums, cooperatives, and homeowners’ associations. In the first two installments, we looked at changes for condominiums in HB 807, the main Bill affecting associations. Since last week’s column, HB 807 has been sent to the Governor and is expected… Continue Reading

New Condo Board Members May Need To Practice Patience

Posted in Reader Q&A

Question: I was recently elected to our condominium association board, defeating a long-time incumbent. The “old guard” that is still on the board apparently does not want “new blood” and has tried to keep me out of the loop. For example, I have asked to review various records pertaining to pending matters, along with all… Continue Reading

Are Videos Taken At The Entrance Gate Of Condos And HOAs Considered Official Records?

Posted in Reader Q&A

Question: Does an association member who is delinquent in the payment of assessments have a right to review the video taken at the community’s entrance gate of vehicles entering the community? C.B. (via e-mail) Answer: All members of condominium, cooperative and homeowner’s associations are entitled to inspect the official records of the association, regardless of… Continue Reading

New Board Members May Need To Practice Patience

Posted in Meetings, Reader Q&A

Question: I was recently elected to our condominium association board, defeating a long-time incumbent. The “old guard” that is still on the board apparently does not want “new blood” and has tried to keep me out of the loop. For example, I have asked to review various records pertaining to pending matters, along with all… Continue Reading

“Dunning Lists” Should Not Be Published By Associations For Late Assessments

Posted in Assessment Collection, Reader Q&A

Question: Is it legal for a condominium association publicly post the names and unit numbers of homeowners who are late on their assessment payments? M.V. (via e-mail)  Answer: In my opinion, no. Chapter 559.72(14) of the Florida Statutes, known as the Florida Consumer Collection Practices Act, generally prohibits the publication of “dunning lists.” However, the… Continue Reading

Official Records Includes Monthly Board Info Packets

Posted in Reader Q&A

Q: Are the information packets given to members of a homeowners’ association board, prior to the board’s meeting, also available to association members? A: Yes. The Florida Homeowners’ Association Act contains a very broad definition of “official records”, and generally includes all documents which pertain to the operation of the association. The documents typically contained… Continue Reading

Unit Owner Access to Official Records

Posted in Official Records, Operations

Community Associations have long been responsible for handling unit owners’ requests for access to official records. It is important to know which records are exempt and which are not exempt.

Some Condo/HOA Records are Off Limits to Owners

Posted in Official Records, Operations

What is your policy for handling records inspections by owners?  Do you have written rules?  Where are the records inspections held?  How many hours does the owner have to review the requested records?  Does anyone help facilitate the inspection? If you are a condo or HOA board member and cannot answer these questions, its time to… Continue Reading