Article
Courtesy of The Sun Sentinel
By Daniel
Vasquez
Published February 11, 2009
John Narvaez hates
looking at the gaping holes in the fence surrounding his condominium
complex caused by Hurricane Wilma in 2005. He doesn't understand why the
damage has not been fixed; his association received insurance money for
that and other yet-to-be-finished repairs.
But for Narvaez, that broken fence symbolizes the growing number of
questions nagging him and neighbors about their association's affairs and
finances.
"There are a lot of things that need to be repaired and replaced
around here," said Narvaez, a retired Brooklyn corrections officer
and former director of the 114-unit Oaks Condominiums Association in Dania
Beach. "We're told there is no money. Where is the money?"
Narvaez has asked for answers during general association meetings, but
says the records he has received in response offer little detail. He now
realizes he should have put his questions in writing.
Bill Raphan, a
supervisor for the Florida Condominium Ombudsman's office in South
Florida, recommends sending a letter requesting specific records —
contracts, receipts, bank statements, estimates, etc. — for specific
dates and sending it via certified return receipt mail.
"The association then has five days to produce those records and make
them available for inspection," Raphan said.
Once you're allowed to look over the records, you can ask for copies.
However, state statutes do not specify how much an association can charge
for copying costs, nor do they say how much time it has to provide those
copies.
"But if you discover problems, a records request is just the first
step," Raphan said.
He recommends these five steps: 1. Get records. 2. Get copies. 3. Identify
anything questionable. 4. Send an inquiry to the board, asking to explain
specific expenditures, revenues, receipts, etc. 5. If you find evidence of
wrongdoing, contact police.
If you discover a problem that is financial in nature or have a problem
obtaining records from your association, you may file a complaint with the
Department of Business and Professional Regulation. To get a copy, go to
SunSentinel.com/condoform or www.myflorida.com/dbpr.
The form will ask your name and address, as well as whether your complaint
is against a developer or association. It will also ask you to provide the
name of the principal developer or association president and contact
information.
You must say if you have requested records and what the association
response was, and write a description of each potential issue.
Narvaez says he plans to start with sending a written records inquiry to
his association. A new board was appointed in January and he and his
neighbors hope for a more open relationship.
"I am not in this to harm anyone or get anyone in trouble," he
said. "I just want to make sure our board operates correctly and
openly."
Daniel
Vasquez can be reached at:
[email protected]
or at 954-356-4558 (Broward) or 561-243-6686 (Palm
Beach County). His condo column runs every Wednesday in the Local
section and at www.sunsentinel.com/condos.
You also can read his consumer column every Monday in Your Money and at www.sunsentinel.com/vasquez
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