They are refusing to divulge transactions and submit to a full audit by myself as allowed in the by laws
It is unclear if you are trying to get a history of your own account or the whole association. If your own account you obviously have the right to a ledger. If the association account you need to make a proper record request sent certified mail per statute or if you do not know how have a lawyer draft and send it for you. Doing it properly so that it is enforceable is important.
Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. Klurfeld & Associates, P.A. is a real estate and general practice law firm located in Davie, Florida. Please note the contacting us does not create an attorney-client relationship until our firm is officially retained.
Send a certified letter to the association requesting access to the association records pursuant to Fla. Stat. 720.303(5) and state the penalty for failing to provide this information within ten business days after receipt of the letter results in a penalty of $50 per day for up to $500 payable to you.
Many associations now are stating they do not have these records because of electronic banking and the banks do not send the deposit slips or cancelled checks. They should be downloading these, The trick is they do not have a duty to give you anything they do not have, but if you submit a second request and they still do not have them, you are entitled to the penalty as long as its a document they could reasonable obtain once they had notice of a request for the document.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case.
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