Florida Homeowners Association Records Attorney Bylaws DBPR

Avi S.Tryson

Attorneys for Goede, Adamczyk, DeBoest & Cross answer questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning, and commercial transactions.

Q: I want to submit a request for official documents to my condominium association. I also want to ask the board to answer a few questions I have about some of the expenses over the past year— which is also the reason for the request for records. Can you explain the process to be followed and what are the association’s responsibilities in responding to it?

— GT, Pompano Beach

A: Requests for inspection of official documents and written requests to the association are dealt with in separate parts of Chapter 718, Florida Statutes, so I will deal with them in turn.

Requests for official documents are covered by Section 718.111(12) of the Florida statutes, which requires associations to have their official documents open for inspection by a unit owner or their authorized representative within 10 days. working days following receipt of a written request.

The right to inspect the records includes the right to make or obtain copies thereof. Written requests are governed by Florida Statute Section 718.112(2)(a), which provides that when a unit owner submits a written request by certified mail to the board, the board must respond in writing within 30 days.

In this response, counsel must either: a.) Provide a substantive response to the investigation; b.) Notify the owner of the unit that the commission has sought legal advice from the association’s attorney; or c.) Notify the unit owner that the council has sought the advice of the Department of Business and Professional Regulation, DBPR.

If the board has requested a legal opinion from its attorney, a substantive response must be given to the unit owner within 60 days of the association’s receipt of the written request. If the board has requested DBPR’s advice, the board must provide a substantive response to the unit owner within 10 days of receiving DBPR’s advice.

In the case of requests for records and written inquiries, the associations may adopt reasonable rules regarding the frequency, time, place, notice and manner of requests or inquiries, so you will need to check the records your association’s constituents to determine if such rules exist.

Note that a request for official documents and a written request must be submitted in writing, but the written request must also be submitted by certified mail.

Q: What are the quorum requirements for meetings of members of an association?

—JT, Hallandale Beach

A: For those who don’t know, a “quorum” is the number of members who must be present at a meeting in order for the business of the association to be transacted at that meeting. If the quorum is not reached, no vote can take place and no business can be transacted.

You will need to check your incorporation documents, especially the articles of incorporation, to see if there is a different quorum standard than required by Florida law. If your association is a condominium, Section 718.112(2)(b) of the Florida Statutes provides that unless a lower number is provided for in the articles of association, the percentage interest with right vote required to constitute a quorum at a meeting of members is a majority of the voting rights.

If you live in a homeowners association, Florida Bylaws Section 720.306(1) provides that unless a lower number is provided for in the bylaws, the percentage of voting interest required to constitute a quorum at a meeting of members shall be 30%. of the total voting rights.

Note that in both cases, shares or parcels whose voting rights have been suspended for non-payment of dues do not count in the total number of voting interests for the purpose of calculating the quorum.

Unless otherwise provided in the articles of association or the documents of incorporation, decisions are taken by a majority of the interests entitled to vote represented at a meeting at which a quorum is present.

Avi S. Tryson, Esq., is a partner in the law firm of Goede, Adamczyk, DeBoest & Cross.

Avi S. Tryson, Esq., is a partner in the law firm of Goede, Adamczyk, DeBoest & Cross. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your request to: [email protected]

The information provided here is for informational purposes only and should not be construed as legal advice. Publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross or any of our attorneys.

Readers should not act, or refrain from acting, on the basis of the information in this article without first contacting an attorney, if you have questions about any of the issues raised here. Hiring a lawyer is a decision that should not be based solely on advertisements or this column.

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