Condo Association Management Blog

go towww.flsenate.gov/Statutes and pull up FS 718. Scroll down to 718. 111 and look for "Financial Reporting." You will find the legal answer there.

Sounds to me like it's time to get a new Managment Company. Like the old saying, they are like dipers, they need to be changed for the same reason.

To the OP, when you refer to the "manager" are you talking about your association's CPA office manager or, are you referring to your onsite community association manager (CAM) ?? 
 
You should not contact your association's CPA office in the first place. CPA has no obligation to speak to you about association's financials. You are not a Director, are you ??

Earl, I think your comment is out of context.

Just for your info. My condo association legal documents require an audit every two years and additionally if there is a need. It appears my association has not had an audit in several years base on what I have seen from our association records. 
 
This is one item of a number of items that when I question the board they will not respond to. That is one of the reasons I created a Website at to shame them into following laws and bylaws since all else has failed. 
 
 
 
Some of the things that I have gotten them to correct, mostly after a year or more of fighting with them (and I think the Website and multiple strong communications to them):  
 
1. A board member who was not an owner as required under our legal docs. 
 
2. Not keeping and not making available (although I have still not seen any yet) board meeting minutes. 
 
3. Not having property inspections and reports done as required by our legal docs. They still have not complied with this but say they will start. 
 
 
 
So your legal docs as well as state law may address this. 
 
 
 
If you care to see how a board should not operate you may want to check out the website I created after unsuccessfully attempting to work with my board, www.wvnorthface.info

Just something else that speaks to property managers relationship to the board. 
 
 
 
At our last association annual owners meeting the head of our property management company refused to answer my question that would have clarified that the meeting minutes needed to be modified and corrected. He not only refused himself but forbid the other two representatives from his property management company from answering the question. In my opinion this nullified my ownership rights at the time of the meeting set aside under Robert's Rules, which our assoc is required to follow, to get inaccurate meeting minutes discussed and addressed/corrected as needed. The board shamefully allowed this without a word said despite my protest. The property manager was trying to protect the board from information that would be damaging to the board's credibility (in fact what I was questioning was months later admitted to by the board). Partly because of this and the board not allowing any owners speak at the same annual owners meeting on what was an agenda item because they did not want damaging info to come out, I created the website mentioned above. I had had enough and felt expressing my free speech on the site would be one thing they could not silence an owner on and that that may shame them into acting ethically. So far as stated above I have at least made some progress but more remains, some of which I ultimately may have to go to court on. Of course I prefer not to do that and do not believe any owner should have to that to get a board to follow laws and association legal documents.

Rick, you have derailed the original post which has a specific question about Florida condos. Your efforts, time, and determination are commendable but IMO it's time to change tactics. Your board and manager may have already labeled you as the "enemy." It happens all the time. So, again IMO, you either file a lawsuit or, you find a way to get on the board.

Susana, I did not read the law reference since I am not from FL. Perhaps I am wrong, but since I do not know what the law says I thought the assoc legal docs may also shed some light on the issue. 
 
 
 
In regard to me being on the board I would be outvoted on every issue and feel I can police the board's actions and effect change, which I already have, far better not being on the board. While I agree your idea is the best under normal circumstances, if you read the posts you will see many people who speak of either being on the board themselves or others being on the board but resigning as they could not be effective as a lone wolf. Also, it and would certainly take much longer then has already been the case with changes that have taken a long time to effect. You also must realize that trying to address as many issues as I have with my board would be difficult in court as there are just too many for a court setting. A better chance of success is likely achieved by getting some of the issues resolved ahead of court action. I have been told by multiple lawyers that I would not have sufficient time in court to address all the issues and therefore the central issues may suffer.  
 
Furthermore, in my view, an owner should not have to be on the board to have the board follow the law and their own legal documents. The board has a legal and ethical obligation to abide by both, that is why every perspective owner is given a copy of the bylaws, it is a legal contract between the assoc and the owner.  
 
So I cannot argue with your statements, I just have felt compelled to go in a different direction which has been the only thing that has led to some success despite the drawbacks. 
 
Finally, I may still be able to address the remaining issues outside of court which is less expensive in time and money to myself. Certainly, it is hard to argue with the idea that going to court will not sit well with a number of owners, and for good reason, legal expenses may impact them. I know you will say the assoc has insurance. That is true but my research and reading of the insurance exclusions indicate to me the ins company may not pay for the legal fees if the board engaged in actions that violated law and the assoc. legal docs. That may leave expenses to be borne by owners. And, in any case, ins rates would go up and ins may be harder to procure.

Susana, 
 
Thanks for your insight and the reference to the FL statutes. You obviously have some first hand knowledge of these situations.  
 
As to your comment about not contacting the Assn CPA, yes, I am a Board member. Does that not give me the right and the obligation to follow up on unusual activities?  
 
 
 
My reference to the manager is the same as the onsite Community Manager (an employee of the Assn.) 
 
It almost seems as though the chain of command has been reversed in this case. I (a Bd member) am asked to report or communicate through the community manager, instead of having direct access to vendors. The internal accounting controls appear to be weakened by this requirement.

Original post, you did NOT mention you are a Director. It makes a big different as to what you are entitled to opposed to a regular owner. I get the impression that there is some sort of miscommunication between you and your fellow board members. You should address your concerns and differences directly with them. 
 
It is common for 1, 2 and even 3 board members (depending on the number of Directors) to be "contact person" with managers, CPAs, attorneys, committees, etc. This prevents confusion and/or conflicting information being spread. Directors shoul all be on "the same page", and each Director should have a specific role to play within the team. You should have an "organizational chart."  
 

Question: In the event of the HOA's President not being able to make it to the HOA Annual meeting, what is the order in which the rest of the Board members would take the lead of the meeting? In this specific case neither will the Vice-President will be assisting to the meeting and I would like to know who would be in charge of the meeting, the Secretary or the Treasurer?