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Condo association tells non-US citizens they cant look at finances

Posted on Sun, Apr 17, 2011 @ 09:22 AM
  
  
  
  
  
My condo is in a three unit development.  One unit in foreclosure thus reduced funds being paid in to maintain the condos.  The lady who has run the books for the condo for 9 years wants to have the books taken over by a Management Company at a cost of $2,100 a year !  We are only two units with a greatly reduced income since the 3rd unit went into foreclosure and to have to pay $2,100 between two of us seems ridiculous.  We have volunteered to look after the books (both of us have finance backgrounds), but only after 68 days of asking to tackle over the books and 4 chasers to our emails, the lady who controls the books says we cannot control the books as we are not US Citizens (we are from the UK) We have a 2nd home in Orlando and on the board of directors of the HOA are two UK citizens !!! Any info please if we are barred from running the books of our three unit condo as we are not US citizens Many thanks David

COMMENTS

Unless your bylaws or your state condominium act define citizenship as a req, Demand a copy of the authority for this unheard of requirement.

posted @ Sunday, April 17, 2011 9:42 AM by Scott

If your units are in Florida, FL Statutes clearly state that you MUST be given access to the financials. Our law doesn't state we you normally reside, what nationality your are, or any other absurd notion along these lines. You are correct. Fl has an Omnibusman Office listed on line along with their phone number, they'd love to hear this one! Hear is the link: http://www.bpr.state.fl.us/condos/index.shtml 
You can also file a complaint online. 
 
Now if your units are out of Florida, then you should be able to look to see if that state has something similar. In either case I would hardly believe an owner of any Condo unit would not have access to the financials, after all, it's your money!

posted @ Sunday, April 17, 2011 10:04 AM by cebo

Most declarations require that the board make available all association documents and that the owners approve a yearly budget. I can't imagine that the declarations or any state law would allow a board to withhold that information.

posted @ Sunday, April 17, 2011 11:19 AM by Leslie

You own it. You are entitled to see the financial report.  
 
Whether or not you can keep the books is a different question.

posted @ Sunday, April 17, 2011 11:21 AM by Prince Hal

I seriously doubt there is a law that prohibits you from being the Treasurer because you are not a US citizen. You should have all the same rights as any other property owner in the assn. I would ask the current treasurer to show you the law which states this.  
One thing which should be done is to have an audit performed by a licensed CPA before anyone else takes over this function.

posted @ Sunday, April 17, 2011 12:12 PM by Mary

Look at the bylaws and CCR (If your Association has one) to show that there is no such prohibition. 
Additionally, file a claim at the small claims court for spending money of the association without approval and refusing to show books and records. 
Let the judge hear the culprit B.S. in front of the judge and see if the judge agrees and make the culprit pay back the unauthorized expense (Paying to condo management that the culprit hires) 
This is not a legal advice however. You can get legal advice from the small claims court adviser in the office of the small claims court in your area. 

posted @ Sunday, April 17, 2011 2:20 PM by BETP Inc

I am the original posyter and many thanks ofr the replies to date  
 
 
 
However the heading of the topic Topic is slightly mis leading  
 
 
 
The problem is the currebt treasurer will not let us take over the books repeat take over the books  
 
 
 
not that she will not show then to us 
 
 
 
she catagorisly states as we are not US citizens we cannot tale over the books and in effect make payments for the HOA  
 
 
 
 
 
Please keep the information coming , I need as much information possible so I can take it to her to argue for us taling on the books and save $2,100.00 
 
 
 
Thank you All

posted @ Sunday, April 17, 2011 2:51 PM by David Morgan

Before you take anyone to court you should definitely have proof of whatever you are charging the person with.  
 
Most BOD's have the authority to hire a manager w/o approval of the memnbership. However since this assn only has 3 units perhaps the BOD only consists of the one individual who takes care of the books and she discusses these type issues with the other 2 members. This is an unusual situation since there are only 3 units in the assn. However, to make a legal clain such as "BETP" suggested, IMO would be a frivilous lawsuit and would result in no gain to the assn.

posted @ Sunday, April 17, 2011 2:58 PM by Mary

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