|
WHEN
LAW ENFORCEMENT WANTS THE ASSOCIATION’S RECORDS
By
Eric Glazer, Esq.
Published April 1, 2024
An HOA here in South Florida recently fought the State
Attorney’s Office tooth and nail when they attempted to obtain
copies of the association’s official records. There’s no doubt
that as a result of that one HOA, the following law was passed:
HB 1203
Florida Statute 720.303
(i)
If an association receives a subpoena for records
from a law enforcement agency, the association must provide a
copy of such records or otherwise make the records available for
inspection and copying to a law enforcement agency within 5
business days after receipt of the subpoena, unless otherwise
specified by the law enforcement agency or subpoena. An
association must assist a law enforcement agency in its
investigation to the extent permissible by law.
A CHANGE TO THE FINANCIAL REPORTING REQUIREMENTS
The budget of an HOA is considerably less that a condominium
because HOAs typically do not insure the homes and their roofs
against wind damage. Therefore, HOAs typically don’t have a
budget that exceeds $500,00.00 annually and therefore, HOAs do
not have to prepare a year-end audit.
That changes from now on. The new law states:
4. An association with at least 1,000 parcels
must prepare audited financial statements, notwithstanding the
association's total annual revenues.
This
certainly lets the owners get a better idea as to how their
money is being spent.
A SWITCH I DIDN’T SEE
COMING…..MANDATORY BOARD MEMBERSHIP
In perhaps the biggest surprise
of the legislative session, I never thought that the law would
change and now require that every owner, whether in a condo or
an HOA, must begin serving on the board for at least a three
year period, once they have lived in the condominium or HOA for
two years. That’s right, even though you never expected or
wanted to serve on the Board of Directors, now you have no
choice. The Florida Legislature wants everyone to have a chance
and more importantly they want everyone to see just how hard it
is to be a board member. You certainly may have to rearrange
your schedule to accommodate board meetings and meetings with
management and other owners. It may also take some time away
from being with your family. Don’t forget to take your blood
pressure medicine because there’s no doubt your anxiety is about
to go way up. If you would rather not be on the Board because
it’s simply too hard, take a deep breath……..April Fools.
|
|
About
HOA & Condo Blog
 |
Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
|
Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
|
