Q: I live in a homeowner’s association in Boca Raton. The association is managed by a management company and the homeowners deal with its owner. Recently, I asked the owner of the management company for the names of the individuals who were on the board of directors. I also asked him for the names of the officers of the association. The manager told me that everything goes through him and I did not need to know the names of the board members. Then I asked the manager the date of the next board meeting. The manager told me that if there are any problems, I should address them to him. As a homeowner, do I have a right to know the names of the board members of the association?
A: Based on your letter, I would be very suspicious if the manager of the association did not give you the names of all of the board members of your association. Whether you live in a homeowner’s association or condominium, you have a right to know the names and addresses of the board members. The first thing I would recommend for you to do is to go to the State of Florida website and locate the last annual report that was filed for the association. The annual report will list the board members and the officers of the association. The website address is www.sunbiz.org. If you learn the names of the board members from the State of Florida website, you should contact the board members and let them know the manager would not provide you with the information you requested. If you are unable to find out the names of the board members, you need to send the manager a certified letter, return receipt requested, demanding the names and address of the board members. Most importantly, you may want to consider speaking to other owners or neighbors in the association to determine if they are happy with the performance of the management company.
Q: I live in an association where the developer is still in control. In January, our quarterly fees were increased. Several of the owners asked the developer to see financial documents and copies of the association bank account. The developer’s representative told me that they would not give me a copy of the association bank account. I was told that the association funds were being held in the developer’s bank account and it was private. Can you tell me whether the developer can keep the association funds in his account?
A: No developer in control of an association shall commingle any association funds with his or her funds or with the funds of any other association. You should contact the developer and inform him that he is in violation of Florida law by commingling association funds with his funds. You should also seek advice from an attorney to determine your legal options.
Q: I was recently elected to the board of our condominium. An owner asked me whether he could put up shutters and whether the board would have any objection if the color of the shutters were silver. Does the board have the responsibility or right to determine the type of shutters the owners should have?
A: Each board of administration shall adopt hurricane shutter specifications for each building within each condominium operated by the association, which shall include color, style, and other factors deemed relevant by the board.
Mark Bogen has been practicing law for 24 years. He specializes in condo and homeowner association law and authored the book “What Every Condo Owner Should Know.” Bogen, a former adjunct professor of business law, has recently started the “Bogen List,” which aims to protect associations from scams.