In addition to reviewing and approving applications for licensure, FBPE is also responsible for managing, updating, and enforcing the rules that govern the practice of engineering and to guard against the unlicensed practice of engineering within the state of Florida. The Board accomplishes this through its regular meetings and also by utilizing administrative and technical committees to help conduct its business.
Posted on June 21, 17 Comments The Florida condominium statutes are very specific about what records an association must keep and for how long. What are the key items you are required to keep?
All plans, permits, warranties and other items the developer provided to the association upon turnover. The Declaration of Condominium and any approved amendments. The Bylaws and any approved amendments. The Articles of Incorporation and any approved amendments. This information is not available to other homeowners unless the homeowner has consented to receive notices by electronic transmission.
Current insurance policies old policies do not need to be maintained Every contract to which the association is or was a party including management, janitorial and landscaping contracts, to name a few over the last seven years.
All accounting records of the association for the last seven years. Details surrounding accounting record retention will be discussed in a separate post. Ballots, sign-in sheets, voting proxies and any other documents related to a homeowner vote for one year from the date of the vote. A copy of the current question and answer sheet referenced in FL Writing agendas minutes and records All other pertinent records of the association.
If the homeowner requests a hard copy of a specific record, the Association may charge the homeowner its actual costs to prepare those records for the homeowner. It is very important that the association comply with requests from homeowners to view association records as failure to do so can lead to monetary damages.
Establish a reasonable fee schedule for these items ahead of time based on production costs and ensure these fees are enforced consistently.
Not only does this provide complete transparency but it also provides a web-based backup of the official records so there is no concern about them being destroyed due to theft or natural disaster.
A simple way to do this is to have binders for each key item e.
Keep a binder with all Board member meeting packets the information provided to each Board member prior to a meeting. All of this information is considered official records of the association, and it is a great way to look back at exactly what the Board discussed in past meetings.
Keep electronic copies of all association records on one designated association computer and backup all of these records routinely onto an external hard drive maintained by one of the Board members.
Two other items that I think are worth keeping in both hard and soft copy include: Often these are kept in the email of the Board member that asked the question and, therefore, when new Board members join, they waist association resources by asking the same questions again.
Any email communications where a quorum of Board members discuss or take a vote on an association issue. Email communication between a quorum of Board members should be limited as much as possible as these email chains technically constitute a Board meeting which must be open to homeowners.
However, in certain circumstances this cannot be avoided so my advice would be to use email to communicate to a quorum of the Board as little as possible and to keep copies of those communications for homeowner review. I hope this overview of the official records statute has been helpful.
As always, feel free to comment or reach out to me via email if you would like to discuss this topic or any other. Emily Emily Shaw is a condominium homeowner in Tampa, Florida and a Director of VERA Property Managementa firm providing full-service community association management in the Tampa Bay Area as well as consulting, financial and legal services to all Florida community associations.The Florida Board of Professional Engineers (FBPE) has many responsibilities and obligations to its licensees and to the health, safety, and welfare of the general public.
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