Q. We live near Atlanta, and recently bought an investment condo in Tampa. The HOA management company refuses to give us the names or contact info of the board of directors.
I’ve never heard of such a thing. I am completely miffed that I have no idea who the board is at our condo, and I just don’t believe that withholding this information from an owner is appropriate. Is this lawful?
For context, I am president of our HOA up here in Georgia. We have approximately 350 homes in our community. Every resident has my name, my email address, and my phone number, as well as that of the rest of our board members. Our residents know they can reach one of us at any time. We also have a management company with which we work in tandem. Please let me know what recourse we have that will help us get this information to which we are entitled.
—Looking for Names
A. “Pursuant to Chapter 617 of Florida Statutes,” says Emily Gannon, an attorney with Kaye Bender Rembaum, which has offices in Pompano Beach, Palm Beach Gardens, and Tampa, “all Florida non-profit corporations, which includes all condominium associations, must file Articles of Incorporation with the Division of Corporations to become incorporated, and are required to update their records annually, which should include the names of directors and a mailing address. The Division of Corporations has a website that you can use to search for the information regarding the association (www.sunbiz.org).
“Additionally, as an owner, you have other available avenues for gathering information regarding the board and/or the association. Please note that pursuant to Section 718.111(12) of Florida Statutes, you are able to request an inspection of the Official Records. As you do not reside locally, in your written request you may authorize a representative to attend the inspection on your behalf. Pursuant to this Statute, the association is required to maintain certain records that will contain the information you are seeking (i.e., minutes of board and membership meetings, which should reflect the names of the board members and their offices, and an updated “roster” with the names of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers).
“Lastly, you have the option to send a ‘written inquiry’ to the association. Section 718.112(2)(a)(2) F.S., provides, in pertinent part, ‘When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry…The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry.’ Accordingly, you may wish to send a certified letter to the management company of the association inquiring about the names and contact information of the individual members of the board. If the board does not respond, you may need to consider hiring an attorney to help you further.”