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MANAGEMENT GONE BAD

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By RICHARD WHITE

Tribune correspondent

Published: December 7, 2008

Our management company has ignored several homeowner requests to review the financials for our homeowners association. Phone calls are transferred to an answering machine. E-mails, certified mail and normal U.S. mail are ignored. Some of us association members have reason to believe financial wrongdoing by the board and we understand reserves are being spent.

How do we get access to such information, including the balance of each reserve fund? I know what the Florida statutes state, but like most provisions the homeowner is helpless.

SO

Clearwater

Management is an agent for the association engaged by the board. In other words, management has duties and contract requirements approved by the board of directors. Management does not have any responsibilities to the operations of the association, only duties. The board has all the responsibilities and may have instructed the manager not to respond to any correspondence.

The homeowner association statute (as well as the condominium act) allows owners to inspect the records, FS 720.303. This section allows the board to establish certain rules for the inspections, but it cannot restrict or ignore a written certified letter. My suggestion is to find out whether the board has any requirements as to the inspection of records. Send your request by certified mail addressed to the board of directors. You may need to send it to the management company's address, but address it to the Board Of Directors.

We have board members who do not assist with any board responsibilities. They do not read the premeeting material or meeting package, so they're not prepared for board meetings. The membership is not active and is not concerned with how the board operates. The directors are elected by default.

Is there any statute relief to keep these directors from being re-elected?

TP

St. Petersburg

Statutes will not provide any help to force members to be more active. Something must be done to make them understand that there is a need to step up and do something for their community. This is one of the most destructive problems in common-area communities.

Owners must understand that the value of their homes and units are directly related to the operations and services of the community. Each owner has a responsibility to volunteer for the community. All - or at least most - should be helping.

Stop pointing fingers and start raising your hand to help. If your board fails, you will all pay higher fees and lose value in your homes. The board should make an attempt to have a face-to-face contact with each member, produce a newsletter, produce transparent communications, and have short, active board meetings that allow for participation and positive interaction to solve problems.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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