HOA Help
HOA Help
Numerous sites where you can find information regarding HOAs in Florida. Is the CAM responsible or can they say "the Board told me to do it?" Find out at the bottom of this page.
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HOA Amendments – § 720.306
Clarifying the procedure by which amendments to the governing documents are to be proposed. Specifically, in part, a proposal to amend the governing documents must contain the full text of the provision to be amended, proposed new language must be underlined and proposed deleted language must be stricken. §720.306(1)(e), Fla. Stat.
Notices required in connection with proposed amendments must be mailed or delivered to the address identified as the parcel owner’s mailing address on the property appraiser’s website for the county in which the property is located, or electronically transmitted in a manner authorized by the association if the parcel owner has consented, in writing, to receive notice by electronic transmission. §720.306(1)(g), Fla. Stat.
Florida Statute - Official Records Access
Access to official records is regulated by FS Chapter 720.303(4) + (5). Legally, owners should have easy access to the so-called documents. Nearly all documents are considered public, just a few are considered protected -- see list below, according to FS 720.303(5)(c) 1-7
PLEASE NOTE: Although boards and attorneys may try to hide certain documents, not all documents are actually protected by client/attorney privilege.
In theory -- and by statute -- every owner has the right to inspect, photocopy or receive copies of all documents -- 10 business days after a written request has been made to the board. (See Examples of written requests.) It is now required by Florida statutes that you mail the request as a certified letter, return receipt requested! The countdown starts the day after confirmed receipt!
PLEASE NOTE: The requirement of sending certified letters only comes into play if litigation over the record request is necessary. The wording of the statutes doesn't say that the board has to wait for a certified letter. Many association boards allow requests to be e-mailed or even made by phone. In my opinion a clear sign that these board members have nothing to hide. But record requests made by e-mails and/or telephone are not sufficient as proof if litigation is needed.
A little hint to save expenses: In your request just ask to inspect the documents. You can always ask -- during inspection -- for copies -- or copy the documents with your own copying device at no cost. See FS 720.303(5)
If it's the CAM that gives you grief over your record request make sure you remind him/her of the new provision in FS 486.436(2)(b)7. Violating any provision of chapter 718, chapter 719, or chapter 720 during the course of performing community association management services pursuant to a contract with a community association as defined in s. 468.431(1). File a complaint with CAM Licensing. No more excuse: "I acted on orders of the board!" CAMs can now be held liable for their own actions!
FS 720.311 requires Presuit Mediation Offer before taking these issues to court. But if the mediation fails, you can take the issue to Small Claims Court.
If you followed the rules of FS 720.303(4) + (5) and your association didn't oblige, there is really not much to mediate. You have the right to the $500 penalty and the cost of the procedure. The law is very clear! Mediation is done with a straight YES or NO! No lengthy arguments, no IFs and no BUTs! Use your money for filing fees with your local Small Claims Court -- you get a free mediation there anyway!
Despite owners having success in court (See: Small Claims Court Law-Suit for Violation of Florida Statutes ) it's not as easy as it sounds. We have seen cases where boards fight in court to deny inspection of records, while racking up legal fees, most likely as they try to cover up financial irregularities!
Rules a Regulations, new HOA LAW 720.301
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