Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Request for listing of special assessments
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
PaulZ
(Florida)

Posts:3


10/26/2018 3:48 PM  
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?
MelissaP1
(Alabama)

Posts:7716


10/26/2018 4:25 PM  
I am not sure what your hunting for with this information. Past information doesn't necessarily help the current situation. Seems need to get more involved to find the answers why your HOA isn't collecting enough funds to cover what it needs by finding out what those needs are.

Former HOA President
PaulZ
(Florida)

Posts:3


10/26/2018 4:29 PM  
Melissa,
my ledger contains several invoices that I don't recognize - they appear to be either charges from someone else's account, or special assessments.
I asked other owners, and none of them had to pay extra assessments those months. Therefore, I'd like to make sure that it wasn't an additional assessment that simply was not communicated out...
MelissaP1
(Alabama)

Posts:7716


10/26/2018 4:39 PM  
If it's your account then I would ask about those specific extra charges. Special assessments should be in meeting notes. Now how did you acquire this home factors into a few issues. Florida is one of those few states that can make a new owner responsible for the previous owner's debts. If you purchased this as a foreclosure/short sale you may not have been informed of this previous amounts owed.

It also could be that they are not recording the amounts right. Like we require the lot # be on the check. Well if someone writes the wrong # on the check, it may not be caught immediately. That is another scenario.

Another scenario is that if your asking questions to the lawyer or MC, they may charge for that. May want to clarify that. Also check for fines may not be aware of.

The bookkeeper if it is the MC should give you this information on your account. However, if it's for the overall HOA, then I would go to the board.

Former HOA President
KerryL1
(California)

Posts:5852


10/26/2018 5:11 PM  
So, Paul, by "additional assessments," you means fees or charges to you alone beyond your normal monthly or annual assessments, right?

I think I'd send a written request to your management company. If they don't reply, try a second one and copy the entire board, sent return receipt requested.

In CA, we only may request records for the previous two yard plus the current year. What does FL permit?
PaulZ
(Florida)

Posts:3


10/26/2018 7:02 PM  
Correct, Kerry - I paid all the normal monthly fees as expected, yet the assn shows some additional invoices with no explanation of those charges. I want to make sure that there were not some out-of-band special assessments that I didn't know about.
The assn/ MC refuses to talk to me saying I have to go through their lawyer (who also ignores requests to explain charges)
I want to force them to show if there were any additional special assessments for the months in question, and I believe it's violation of FL Condo regulations to deny me access to such information - my plan is to submit a certified letter requesting proof of special assessments. Just not 100% sure if I should send it to Mngt Company or Assn or both, and if I should request a schedule of special assessments for the past years, or if they can only give me Board Meeting minutes..?
RoyalpitA


Posts:0


10/26/2018 7:06 PM  
Posted By PaulZ on 10/26/2018 3:48 PM
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?




The association itself, NOT its 'hired help' a/k/a management company, is responsible.

Find the association's 'registered agent' via your state's attorney general web site and send the request via certified mail.

Keep a copy but do NOT open the envelope if returned. The judge or the court clerk can open it.

Best of luck.
RoyalpitA


Posts:0


10/26/2018 7:12 PM  
Posted By RoyalpitA on 10/26/2018 7:06 PM
Posted By PaulZ on 10/26/2018 3:48 PM
I own a condo in Miami, FL. Over past two years, there's been a number of issues with bookkeeping at the association, and nobody seems to able to explain to me whether or not some of the charges are legitimate or are there in error.

How do I request a listing of all additional assessments for the past 5 years? Do I need to request copies of minutes of all board meetings, or should there be a listing of special assessments that I can request? The association is extremely uncooperative.
Is Management Company responsible for providing that information, or the association itself?




The association itself, NOT its 'hired help' a/k/a management company, is responsible.

Find the association's 'registered agent' via your state's attorney general web site and send the request via certified mail.

Keep a copy but do NOT open the envelope if returned. The judge or the court clerk can open it.

Best of luck.




SORRY for my 'typo' : Should have read 'Secretary of State'.

https://dos.myflorida.com/sunbiz/
GenoS
(Florida)

Posts:2466


10/28/2018 12:47 PM  
Posted By PaulZ on 10/26/2018 7:02 PM
I want to force them to show if there were any additional special assessments for the months in question, and I believe it's violation of FL Condo regulations to deny me access to such information - my plan is to submit a certified letter requesting proof of special assessments. Just not 100% sure if I should send it to Mngt Company or Assn or both, and if I should request a schedule of special assessments for the past years, or if they can only give me Board Meeting minutes..?

I'd send it to the Board of Directors and the association's registered agent (which is often the management company).

The board is responsible for replying to your official records request. I'd leave the MC out of it. If the MC has posession of the records then it's up to the board to arrange for you to have access (or copies if you want). The difficulty owners have in obtaining official records is one of the most common complaints in Florida condos and HOAs.

You can ask for past minutes and search through them for any mention of Special Assessments. I imagine the year-end financial reports which every member is entitled to have a copy of (free-of-charge) would also mention any special assessments during the year for which the report was written.
EdC5
(Florida)

Posts:62


10/29/2018 9:34 AM  
As a FL CAM I would like to clarify a few things.

1) The board (and/or MC) doesn't have to provide information, create reports/lists, or research questions. Instead, the OFFICIAL RECORDS must be available for an owners INSPECTION, and the board/MC has to allow this (at reasonable times .. in other words: "I work until 6 pm and can't look at them until after 7pm" isn't going to fly if the MC's office closes at 5pm).

2) An owner has the right to copy the official records. The owner can do this with his own equipment (this includes scanning); however, if the copies are made on the association's/MC's equipment then the board/MC can charge (without looking up the statute I believe the allowed charge is up to 25¢ per page).

3) If you're making a request for official records be as specific as possible. I've had owners write me wanting "the board minutes"; the response to that request is "which month and year?"

Also, starting in 2019, for both COAs and HOAs, associations of over 150 units must have a website with official records (governing docs, financial records, bids, etc.). The statute doesn't require that past records be scanned and placed on the website; so, typically, most associations will only have records going forward from the effective date.

Edward J Cooke, CMCA, LCAM
GenoS
(Florida)

Posts:2466


10/30/2018 2:05 PM  
Posted By EdC5 on 10/29/2018 9:34 AM
Also, starting in 2019, for both COAs and HOAs, associations of over 150 units must have a website with official records (governing docs, financial records, bids, etc.). The statute doesn't require that past records be scanned and placed on the website; so, typically, most associations will only have records going forward from the effective date.

I see that requirement for condos in FS 718. Where is that also applicable to HOAs? FS 720 does not mention anything of the sort.

Putting official records online from 2019 forward doesn't change the need to retain records from previous years in whatever form they currently exist.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Request for listing of special assessments



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement