Published August 3, 2002

Board Not Presenting Official Records Could Be Facing Severe Penalties

A letter was sent certified mail on July 9, 2002 by the coordinator of the Special Action Group requesting access to the Official Records of the Condominium.  To date, the Board and Property Manager has not permitted any of the property owners to review the records.  A meeting was scheduled for July 29, 2002.  Several property owners were present that day to review the Official Records, and they were informed by Mr. Clemente De La Torre Jr., of Tower Management Services Inc. that the documents were not ready and they were being prepared.  Mr. De La Torre also indicated that his accountant had called in sick.  The laws of the state make no exceptions for sick accountants and do no make any exceptions for associations that do not have those documents in order.  Chapter 718 of the Florida Statutes is very exact and clear and indicates that those records should be available for review at any reasonable hour and no later than 5 days after receipt of a request from a property owner.

Florida Law, Chapter 718.111(12), F.S.; Rule 61B-23.002, F.A.C., indicates that all property owners should be granted access to review the Official Records of the Condominium.  Original copies of these documents must remain secure and organized somewhere on the condominium property or at the office of the Property Manager.  All property owners may review these documents at a reasonable time.   Within 5 days after receipt of a written request to inspect from a property owner, the Association must share all the information they have and are required to maintain.  The property also has a right to receive copies of any documents.  The Association is not responsible for sending copies of any of these documents by mail.

IMPORTANT:  If the Association does not make the information requested information available to the property owner(s), the property owner(s) may be entitled to collect damages at a minimum of $50 dollars for each day the records are not made available for a maximum of 10 days.  Additionally, the property owner(s) may request damages for legal and attorney's fees, such that may be necessary to get the necessary information.  The cost for civil and criminal litigation may not have a limit, and these fines may be severe.  (See document "What Should be Included in the Official Records of a Condominium?".)

THIS LETTER WAS SENT CERTIFIED, RETURN RECEIPT JULY 9, 2002

EDUARDO HERNANDEZ

8851 NW 119th Street Unit 5107

Hialeah Gardens, FL 33018

CERTIFIED MAIL Receipt No.

_7002 0460 0001 5678 7638__

July 9, 2002

Grand Vista Condominium Assoc.

Clemente de la Torre

c/o Tower Management Services

900 W. 49 St Ste 220

Hialeah, FL 33012

RE: INSPECTION OF OFFICIAL RECORDS

Dear Mr. De la Torre:

Please have organized, ready, and available for inspection the following original and legal documents:

1.) Copies of the recorded declaration of condominium, articles of incorporation, bylaws and any amendments to them, and the current rules of the association

2.) Book containing minutes of all association, board and unit owner meetings for the past 7 years

3.) Current insurance policies

4.) Current copy of any management agreement, lease, or other contract or agreements under which the association is a party or the unit owners have an obligation or responsibility

5.) Accounting records for the association, including records of all receipts and expenditures, all audits, reviews, accounting statements, and financial reports of the association

6.) All contracts for work to be performed, including all bids for work to be performed, for a period of one year

Thank you for your assistance in this matter.

Sincerely yours,

Eduardo Hernandez

cc: Jose Maurelo, Unit 2211, Association President 

      Pedro Abad, Unit 2209, Secretary of the Board

      Dept. of Business and Professional Regulation