Question: Am I entitled to the names and addresses of the members who want a bulk cable contract? – B.F., Vero Beach

Answer: You are entitled to the names and addresses of all members of the association. You will need to make an official records request in writing to obtain the information. The association will have 10 business days to provide access to the records and allow you to copy them. If the association has other written information specifically identifying what members have expressed support or lack of support for bulk cable, you would be entitled to that too.

Question: The pool was recently renovated in my sub-neighborhood association and is already having issues, and there are members claiming bidding laws weren’t followed and conflict of interest exists (a relative of the Master Association Board member’s company did the work). And people even claim the HOA president got a new roof and bath out of this deal. – H.K., Delray Beach

Answer: In a condominium, the association must obtain competitive bids for projects or services that will cost more than 5 percent of the annual budget including reserves. For HOAs it is the same, but the percentage is 10 percent. There are exceptions to the competitive bidding requirements, but renovation of the pool would not be an exception. If the cost was less than the statutory percentage, no competitive bidding is required by law, but it is good business practice to competitive bid any goods or services that will cost a significant amount of money.

Obviously, if the HOA president obtained free services in exchange for awarding the pool project, his would be a violation of the law. However, I would caution you about making such allegations based on rumor in order to avoid allegations of slander or defamation. It would be a conflict for a relative of your HOA sub-neighborhood board member to do the pool project work, and this would have to have been disclosed and approved properly by the disinterested board members. However, from your question you indicate it was a relative of a member of the master board of directors. This would not have been a conflict.

Question: When I make a request for official records, do I have to spell everything out for them like the exact records? – J.H., Fort Pierce

Answer: First you should find out if your association has an official records request policy and forms to request records. If so, you should follow that policy and use the forms. If not, then request sent via e mail would be sufficient. Also, please note that a request that “records be sent to me” is not a proper request. The law provides that the association is only obligated to make the official records available to you to inspect and copy at the location the records are regularly kept. In order to make the process efficient, the more specific you can be will be helpful. A proper request would be “I request to inspect and copy the following official records.”

Question: Rules regarding committees. If there is a sign up, must all volunteers for the committee be included as committee members? – J.M., Stuart

Answer: No. Typically, the authority to establish and appoint persons to a committee rests with the board. So, the board would not be required to appoint all people who volunteered for the committee.

Question: When are all committees required to post meeting place and time? – L.B., Stuart

Answer: In a condominium, if the bylaws exempt committees from meeting with the formality of the board, no notice of such meetings is required except committees that have the authority to take final action on behalf of the board or that make budget recommendations. If there is no exemption in the bylaws, all committees must meet with such formalities. In an HOA, the law is similar but provides that committees must meet with the formalities of the board but only if the bylaws expressly require it. However, ARC committees and committees that have final authority to spend money cannot be exempted.

Question: Florida condo statutes: We have a development of 478 condominium units within several sub-neighborhood condominium associations. Is the master association also required to abide by Florida statutes for condos or is it just the individual associations in each building required to follow statutes? – L.K., Hutchinson Island

Answer: It depends. If the master association members are made up of entirely owners of condominium units, there is no undeveloped land that is part of the Master Association that might be developed into single family homes, and if the Master Association provides and manages amenities that are for the exclusive use of the condominium unit owners, then very likely the Master Association must follow Chapter 718, the Condominium Act.

The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC., respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Source: Journal Media Group