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did-you-know

  • Did you know that HOAs could have to pay you up to $500 for failing to respond to your certified mail request for records within 10 days?
  • Any record protected by the lawyer-client privilege as described in s. 90.502 of Florida Statutes and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
  • Most homeowners associations would welcome potential buyers at Association board meetings. As a potential buyer attending a meeting, seeing the items on the agenda will give you a sense of how the HOA is run, the people living there, and if there’s a sense of community and working together. You might find it very enlightening and help you make the decision if this is where you want to call home.
  • If you are buying in an homeowners association check to see if they are in litigation or pending litigation. It may be hard to find a bank that will provide you with a mortgage if an association is in litigation

  • Florida Law states when an HOA record is requested by a member, the association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for such use of a portable device.
  • An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

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