Question:
Do I have grounds to complain about a developer turnover of a COMMERCIAL HOA when it was approximately four years from when the last unit was sold until the turnover meeting? The turnover minutes from the developer stated that all unit owners were in attendance. However, the truth is that NO owners were present and we did not receive any financial paperwork or documents to show how/where any of the money was spent from the owners’ fees over that period of time.
– John
Answer:
Hi John,
If the commercial owners’ association is in a condominium, it may be subject to the Florida Condominium Act Section 718.301. This section dictates when unit owners have the right to elect the board members, which is usually what happens during turnover meetings. You may have the right to complain if the developer did not follow these provisions.
Apart from this, you have the right to complain if the developer’s minutes claim that all owners were in attendance when no one was present. Generally speaking, the unit owners are also entitled to receive financial documentation. This right might be outlined in the governing documents. You may raise these issues with the association board and request to review the association’s financial reports. You may also opt to remove the problem board member(s) if this fails. The governing documents may also outline the procedure for removal and re-election.
Depending on the nature of the commercial owners’ association, you may be able to file a complaint with the Division of Florida Condominiums, Timeshares, and Mobile Homes. For further assistance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
