Question:
Our current management company does not respond to emails and we have no way to contact our Board members. I had questions about our proposed budget and increased dues and my emails for information were ignored. I still haven’t received requested information. First email was sent 11/26/2023. Next email 12/3/2023.
Is there anything I can do? Our community took over HOA in May 2023 from builder. Things are a mess. No election of Board members to date. Owners have never received information on how to contact volunteer Board members. Our money is being spent and we have no way to review actual costs and expenditures.
– Pat
Answer:
Hi Pat,
You might be able to find the association’s contact information through the Florida Department of State’s website by entering the community’s name. Kindly exhaust all forms of communication by contacting the volunteer board and management company not just via email but also by mail or through phone calls. You may also raise your concerns at a board meeting or visit the management company’s physical address.
You also mentioned that the turnover was done on May 2023 but there has been no board election yet. If the association is a condominium, the Florida Condominium Act Section 718.301(2) states that within 75 days after the unit owners other than the developer are entitled to elect a board member, the association shall call, and give not less than 60 days’ notice of an election for the members of the board of administration. If the association does not call for an election, any unit owner may give the notice. You may consider calling for an election and giving notice to formally elect a board.
For homeowners associations, the Florida Homeowners’ Association Act Section 720.307 also states that members are entitled to vote a majority of the board or at least one board member under certain conditions. According to Section 720.306(9)(a), elections must be held according to the governing documents. Likewise, you may take the steps to hold an election of a formal board. This may help the community resolve its communication and management issues.
As for reviewing actual costs and expenses, unit owners are generally entitled to inspect and copy association records.
For condominiums, the Florida Condominium Act Section 718.111(12)(c)(1) grants this right, stating that any member may inspect and make copies of association records. Failure to comply within 10 working days of the receipt of a written request to inspect entitles unit owners to damages.
For homeowners associations, the Florida Homeowners’ Association Act Section 720.303(5) also states that records must be available for inspection or photocopying within 45 miles of the community, or within the county, within 10 business days after the board receives a written request. Section 720.303(5)(b) also states that failure to provide access within the timeframe entitles members to damages.
You may follow these provisions and provide a written request to review financial records. If the HOA does not comply, you may raise these provisions with the management company or current board. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
