Merritt Island, FL asked in Contracts and Real Estate Law for Florida

Q: I HAVE ASKED MY HOA FOR THE OWNERS NAME AND ADDRESS OF OUR MANAGEMENT CO. AND WAS GIVEN THE RUN AROUND WHAT DO I DO

THE ADDRESS THEY PROVIDED IS FOR ANOTHER MANAGEMENT CO. AND THEY TOLD ME THEY HAVE NOTHING TO DO WITH THAT COMPANY

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1 Lawyer Answer

A: HOAs do not have a statutory duty to answer questions from homeowners, but in the case of simple questions like this, it sends up a red flag for me that the HOA is not being transparent. Who do you pay assessments to? Usually assessments are sent to and processed by the management company. Is it possible your HOA no longer has a management company? There is no law requiring them to have one.

You should look up your HOA on www.sunbiz.org and find out who the registered agent is for your HOA. After that you can send a certified letter, return receipt, requesting to access the official records. Do not ask for copies, just ask for an inspection pursuant to Florida Statute 720.303(5). The HOA has 10 business days from the day they sign for the receipt to provide you access. That should flush out the management company if there is one.

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