Q: In Florida is the board required to file a police report if they don't receive all the records from the previous board?
We voted in a new board with special session. The new board fired the bookkeeper and hired a new accounting firm. The old bookkeeper doesn't have all the records either he won't turn them over or he doesn't have them is the new board required to file a police report about this
A:
In Florida, the requirements for a board, particularly in the context of a homeowners' association or similar entity, regarding the handling of records and potential legal issues can vary based on the specific circumstances and the governing documents of the organization.
If a new board discovers that certain records are missing or have not been turned over by a previous board or bookkeeper, the first step is typically to make a formal request for these records. This should be done in writing, specifying the exact documents needed and providing a reasonable deadline for their delivery.
If the records are not provided after this request, the new board should consult with legal counsel to understand their options. This may include sending a more formal demand, possibly through an attorney, or exploring other legal remedies.
Filing a police report is a serious step that usually implies suspicion of criminal activity, such as theft or embezzlement. Before taking this step, the board should have reasonable grounds to believe that a crime has occurred. This determination often requires a careful review of the facts and, ideally, legal advice.
The decision to file a police report should be made carefully, considering the potential legal and community relations implications. It's important to balance the need to address potential wrongdoing with the potential impact on relationships within the community and the reputation of the board and the organization.
In summary, while the new board has a responsibility to manage and maintain the organization's records properly, the decision to escalate to law enforcement should be made with caution and ideally after seeking legal advice.
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