October 30, 2020

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RE Q&A: Who Can See the Names of Delinquent Condo Owners?

A person condominium owner would like a checklist of house owners who haven’t paid out assessments still. Yet another would like to know how significantly the house manager can make. Do they have a suitable to that information?

STUART, Fla. – Question: I am an owner in a condominium. I have manufactured a request to see the unique device owner assessment ledgers for house owners who are delinquent in the payment of assessments. The board has denied my request and they declare I am not allowed to see this data. Is this genuine? – B.H., Bonita Springs

Response: No, it is not genuine. You are lawfully entitled to this data. The unique assessment ledgers of all house owners are formal records of the affiliation. Both Florida Statutes 718 (Condominium Associations) and 720 (House owner Associations) give that most all formal records of the affiliation will have to be manufactured accessible for inspection and copying in ten times of a published request.

There are sure formal records that are not allowed to be provided to house owners. These records contain medical records, credit history card numbers, financial institution account numbers and social safety numbers, but there is no exception for unique owner assessment ledgers. If an affiliation intentionally fails to give accessibility to the records in the supplied timeframe, the owner is entitled to $fifty.00 for every working day up to $500.00 as a penalty.

Question: How do we get rid of a condominium, cooperative or property owners affiliation (HOA) board member from the board who we truly feel is performing improperly? – O.S., Naples

Response: Any member of the board may perhaps be recalled and removed from place of work with or without having lead to by the vote or agreement in composing by a vast majority of all the voting interests. 10 p.c of the device house owners may perhaps petition the board for a specific assembly to look at eradicating a board member or customers. Alternatively, without having a specific assembly, a board member can be removed by published agreement signed by at the very least a vast majority of the complete voting interests.

Be sure to observe that recalls by published agreement have a significantly better accomplishment charge for the reason that the procedures are less difficult. Note: the Division of Florida Condominiums, Timeshares, and Cellular Residences will not acknowledge for submitting a remember petition when there are sixty or less times until the scheduled election of the board member sought to be recalled or when sixty or less times have elapsed since the election of the board member sought to be recalled.

Question: Does a homeowner have the suitable to know how significantly a house manager is paid out? I have questioned this question and I am not getting provided the reply. Isn’t there a Florida Statute that lets me to get this data? T.D., Estero

Response: In a roundabout way, the reply is yes. Sections 718.111(twelve)(c)three (Condominium Act), 719.104(two)(c)three (Cooperative Act) and 720.303(five)(c)three (the HOA Act) all give that “personnel records of affiliation or administration corporation staff members, including, but not minimal to, disciplinary, payroll, health, and insurance records” are excluded from inspection and copying by house owners.

Having said that, the very same sections go on to give that the phrases, personnel records, do not contain published employment agreements with an affiliation staff or administration corporation, or budgetary or monetary records that suggest the compensation paid out to an affiliation staff. So, you are unable to see payroll records but you are entitled to see employment agreements and budgetary or monetary records that suggest the compensation so, theoretically you ought to be in a position to determine out the compensation.

Legal professional Richard D. DeBoest is a shareholder at the legislation agency of Goede, Adamczyk, DeBoest & Cross. The data supplied herein is for informational applications only and ought to not be construed as legal guidance. The publication of this article does not make an attorney-client romantic relationship involving the reader and Goede, Adamczyk, DeBoest & Cross or any of our lawyers. Audience ought to not act or chorus from performing centered on the data contained in this article without having initial calling an attorney, if you have concerns about any of the challenges raised herein. The employing of an attorney is a conclusion that ought to not be centered solely on advertisements or this column.

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