RE Q&A: Who Can See the Names of Delinquent Condo Owners?

One condo owner wants a list of owners who haven’t paid assessments yet. Another wants to know how much the property manager makes. Do they have a right to that info?

STUART, Fla. – Question: I am an owner in a condominium. I have made a request to see the individual unit owner assessment ledgers for owners who are delinquent in the payment of assessments. The board has denied my request and they claim I am not allowed to see this information. Is this true? – B.H., Bonita Springs

Answer: No, it is not true. You are legally entitled to this information. The individual assessment ledgers of all owners are official records of the association. Both Florida Statutes 718 (Condominium Associations) and 720 (Homeowner Associations) provide that most all official records of the association must be made available for inspection and copying within 10 days of a written request.

There are certain official records that are not allowed to be given to owners. These records include medical records, credit card numbers, bank account numbers and social security numbers, but there is no exception for individual owner assessment ledgers. If an association intentionally fails to give access to the records within the provided timeframe, the owner is entitled to $50.00 per day up to $500.00 as a penalty.

Question: How do we remove a condominium, cooperative or homeowners association (HOA) board member from the board who we feel is acting improperly? – O.S., Naples

Answer: Any member of the board may be recalled and removed from office with or without cause by the vote or agreement in writing by a majority of all the voting interests. Ten percent of the unit owners may petition the board for a special meeting to consider removing a board member or members. Alternatively, without a special meeting, a board member can be removed by written agreement signed by at least a majority of the total voting interests.

Please note that recalls by written agreement have a much higher success rate because the procedures are easier. Note: the Division of Florida Condominiums, Timeshares, and Mobile Homes will not accept for filing a recall petition when there are 60 or fewer days until the scheduled election of the board member sought to be recalled or when 60 or fewer days have elapsed since the election of the board member sought to be recalled.

Question: Does a homeowner have the right to know how much a property manager is paid? I have asked this question and I am not being given the answer. Isn’t there a Florida Statute that allows me to get this information? T.D., Estero

Answer: In a roundabout way, the answer is yes. Sections 718.111(12)(c)3 (Condominium Act), 719.104(2)(c)3 (Cooperative Act) and 720.303(5)(c)3 (the HOA Act) all provide that “personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records” are excluded from inspection and copying by owners.

However, the same sections go on to provide that the terms, personnel records, do not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee. So, you cannot see payroll records but you are entitled to see employment agreements and budgetary or financial records that indicate the compensation so, theoretically you should be able to figure out the compensation.

Attorney Richard D. DeBoest is a shareholder at the law firm of Goede, Adamczyk, DeBoest & Cross. 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 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.

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