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RECORD REQUESTS: WHAT’S SO DIFFICULT TO UNDERSTAND?
By
Jan Bergemann
Published
September 18, 2015
In my opinion the provisions regarding
record requests in the Florida statutes regulating community
associations are very detailed and easy to understand – if the
people supposed to read them and follow procedures are willing
to follow these procedures.
But, no matter what, the fights over
record requests is most likely the most common war fought
between owners and boards/management.
We have on our educational website [
http://www.ccfjfoundation.net/ ] examples for demand letters
and clear descriptions on how procedures should be followed:
Condo (FS 718):
http://www.ccfjfoundation.net/recordrequest.htm
Homeowners Association (FS 720):
http://www.ccfjfoundation.net/HOAACCESSOFFRECORDS.htm
But the battles over record requests
are still raging all over Florida. The reason for the battles?
The wording in the statutes that says “associations may
adopt reasonable written rules”.
Especially the word “REASONABLE”
causes more lawsuits and arbitration filings than anything
else. It often looks like a game: What seems to be reasonable
for one party, is absolutely unreasonable for the other party –
and the fight is on. The Division arbitration section has made
some rulings one could go by, but some boards – and licensed
managers – always seem to try to find ways to circumvent these
“guide-lines.”
Why does it seem to be so difficult to
follow simple rules? I’m not sure, but sometimes I think that
these folks just don’t mind wasting association funds for legal
fees if they can play “GAMES!”
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Jan Bergemann is president of Cyber Citizens For Justice,
Florida
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
community
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associations. He moved to
Florida
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
Tallahassee
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
Florida
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking
in
Florida
!
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