PMM_Sept 20_LowRes

Because You Asked...
Featuring Betsy Barbieux
CAM, CFCAM, CMCA, PROFESSIONAL DEVELOPMENT COACH,
FLORIDA CAM SCHOOLS, LLC
Betsy,
I am new on our board and I find we have a
bully board member. He told me I could
not look at payroll and personnel files. I was
only trying to understand why employee
salaries are 40% of the budget. Why can’t I
see them? What are the “rules”?
— Patty
Patty:
Your scenario is not unusual; yours is the second
email today with a similar issue. The condominium,
cooperative, and HOA statutes all permit
owners’ access to records with seven prohibitions.
Employee/personnel records are not open
to inspection by an owner except for the Management
Contract or Employment Agreement.
However, since the board of directors votes
on the budget, it would seem logical for a board
member to have access to employee records
with regard to salary, etc.
If you are a Chapter 718 or Chapter 719
corporation, you have the Department of
Business and Professional Regulation to help
you compel the board to do right. There is a
complaint form at the DBPR website, but unless
you fill it out correctly, it likely won’t get
serious attention.
Otherwise, until more owners become
concerned enough to run for the board and oust
the bully, this situation will continue.
—— Betsy
• • • •
Betsy,
Why won’t my HOA CAM let me see a draft
of the board meeting minutes? I thought
drafts were open to inspection by owners.
— Troy
Troy:
My understanding is drafts of budgets and
drafts of minutes are official records because
they are “written.” Section 720.303 (l) All other
written records of the association not specifically
included in the foregoing which are related to the
operation of the association.
In reading some of the blogs, it seems the
Division and some attorneys’ opinions are the
same—drafts of minutes are open to owners.
This is from a Becker Lawyers blog and relates
to condominiums. In part, it says:
Q: As a condominium owner, do I have the
right to obtain a copy of draft minutes of
the preceding board meeting before the next
board meeting where those draft minutes are
to be approved?
A: Yes, if the draft meeting minutes are in the
possession of the condominium association at
the time the written request is made. . .
The Florida Condominium Act defines
“official records” broadly. Specifically, Section
718.111(12)(a)6 of the Act provides that the
minutes of all meetings of the condominium
association, its board of directors, and the unit
owners, constitute official records. Further,
Section 718.111(12)(a)15 of the Act contains
a “catch all” provision which appears to encompass
all “written” records that relate to the
operation of the association. In my opinion,
unapproved minutes qualify as such.
Unapproved minutes have been the
subject of an arbitration decision rendered
by the Division of Florida Condominiums,
Timeshares, and Mobile Homes. In one case,
the Arbitrator found that it may be inferred
that draft minutes, though unapproved, are
also required to be maintained as official records,
and made available to the unit owners.
In another case, the Arbitrator also held that
a management company employee’s draft
meeting minutes became official records of the
condominium association at the moment they
are put in the possession of the condominium
association. While decisions of the Division
are not binding legal precedent, they are sometimes
considered to be persuasive if presented
in the course of legal proceedings. https://
beckerlawyers.com/hoa-rule-amendmentsmust-be-recorded-news-press/
And then I received this response from
Mary-Frances Katona, DBPR, Division of Condominiums,
Timeshares, and Mobile Homes,
Bureau of Compliance, Investigator Supervisor.
Hi Betsy!
To be honest, I don’t know about 720,
but I do know that in 718 and 719 draft
minutes are considered official records and
are open to inspection before they are officially
approved. Hope this is helpful.
— Mary-Frances Katona
And remember the DBPR does not oversee
Chapter 720 associations except in cases of election
disputes or recalls, but I value her opinion.
My last thought is, why would anyone not
make them available? It makes no sense. It really
is tacky not to provide drafts of minutes since
the meeting could have been recorded by any
owner in attendance.
——Betsy
• • • •
Betsy,
I have a question regarding what amount
a CAM can charge per hour for recording
the Release of a Lien? I would appreciate
your help.
— Mira
Mira:
If you have a management contract that has a
fee schedule with add-ons, the fee would be
noted there. If it is not, it is probably not right to
charge a fee that is not disclosed.
If you are an employee of the association,
you can’t charge a fee for doing your job. Otherwise,
I am unaware of any statutory fee.
——Betsy
• • • •
HAVE A QUESTION FOR BETSY? SUBMIT YOUR QUESTIONS VIA EMAIL: BETSY@FLORIDACAMSCHOOLS.COM
Betsy Barbieux, CAM, CFCAM, CMCA, is an information leader in Florida community association living. She is an expert in the rights and obligations
of owners as well as the board of directors and association management. If you live in Florida, there is a good chance you are a part of a community
association. Since 1999, Betsy has educated thousands of managers, directors, and service providers. So whether you are an owner, board member, or
CAM, she provides training and coaching for all. Betsy is a member of CAI National, FCAP, former member of the Regulatory Council for Community
Association Managers, featured columnist in industry publications, and host of CAM Matters on YouTube:
www.youtube.com/c/cammatters. Florida CAM Schools, LLC, www.floridacamschools.com, 352-326-8365.