HOA related: What is consider "official documents" if a case goes in front of a judge? (lawyer)

[chrisjax2]

I understand the meeting minutes are considered the "official documents" of the HOA. However, after requesting my board to let me review their emails. I found out, 1) They are conducting official business that way and 2) Some nasty things were said about me (from the president). I have copies of these emails and I have formally asked for a letter of apology from the Board. So far, it's been well over 60 days (yes, I sent a couple reminder letters) and no response. Also, it took my board 45 days to hand over the emails (I learned they asked their attorney for his advise about handing them over. THey contacte him at least 30 days past the allocated tiem frame to provide the records to me. He told them I was permitted to have copies of their emails and to hand them over ASAP) If I choose to hire an attorney, will the judge consider the emails or will the judge just ignore them and just go with what the minuters reflect?

PS I offered the board the option of me waiving the $500.00 fine they incurred when they didn't turn over the emails in the allocated time frame as per Fl Statutes. If they would write me a formal letter of apology.

THANKS

[riveree]

I suppose anything you can get your hands on could be considered "legal documents".

I'm not a lawyer (though I was a legal analyst at one time ), but from my understanding, by the simple fact that you have an HOA, you probably agreed to mediation when you bought your home. Fighting your HOA is really an uphill battle, the deck is stacked against you, I'm afraid .

My advice would be to pursue the apology and the waiver of the $500 fine, forget about suing them .

[HIF]

http://www.becker-poliakoff.com/pubs...cu_2008_v1.pdf

Excerpts from Becker & Poliakoff newsletter:

What about e-mails between the Board and/or its Manager or
Management Company? The Florida Statutes provide owners
the right to inspect any records relating to the operation of
the association that are not barred by the attorney-client
privilege or work-product privilege while litigation is pending;
information obtained by the association for approval of the
transfer of units; and unit owner medical records.........

........Thus, it appears that as long as the nature of such e-mails deal
with the “operation of the association”, they will have to be
produced as part of an owner’s request to access the official
records.

[HIF]

Originally Posted by chrisjax2

I understand the meeting minutes are considered the "official documents" of the HOA. However, after requesting my board to let me review their emails. I found out, 1) They are conducting official business that way and 2) Some nasty things were said about me (from the president). I have copies of these emails and I have formally asked for a letter of apology from the Board. So far, it's been well over 60 days (yes, I sent a couple reminder letters) and no response. Also, it took my board 45 days to hand over the emails (I learned they asked their attorney for his advise about handing them over. THey contacte him at least 30 days past the allocated tiem frame to provide the records to me. He told them I was permitted to have copies of their emails and to hand them over ASAP) If I choose to hire an attorney, will the judge consider the emails or will the judge just ignore them and just go with what the minuters reflect?

PS I offered the board the option of me waiving the $500.00 fine they incurred when they didn't turn over the emails in the allocated time frame as per Fl Statutes. If they would write me a formal letter of apology.

THANKS

What would you be asking for in your lawsuit? It's not illegal to say nasty things about folks in e-mails.

What is the $500 fine for?

[travelingfood]

Assuming you're only asking for $500, you're going to use small claims court? Can't use lawyers there.

[palenciacondo]

When you closed on your home or condo, you should have received a copy of the "documents" which detail all rules, regulations and covenants pertaining to the association which you are required to abide by while owning the property. Typically, this resembles more of a book than a packet of documents. In the stack of papers that were signed at closing, you also would have signed that you agree to these covenants. Do you have these documents?

[TiggnTaz]

I would say it isn't somthing that the HOA did rather then the person. But since he is a member of the board and it was in an "Offical" email then you might have a case against the HOA. But the HOA is bigger and stronger then just one person.

If he said untrue things about you could you get him for slander?

Then again if he said nasty TRUE things you don't have a case.

[chrisjax2]

WOW, what an awesome board. Just to provide an update. The HOA's attorney is reviewing this issue as I type. So far his thoughts are, the HOA violated several Fl Statutues when they did NOT turn over the requested information during the 10 days they are required by law. That is where the $500.00 fine comes into play. All I ever wanted was an apology from the HOA regarding the libel remarks made about me from the president. I wrote several letters stating that very fact, I would of been very happy to waive the collection of the $500.00. (I gave them a deadline of 30 days to do this.) Too bad, and once again they decided to ignore this. As I have requested the $500.00 fine, NOW they want to talk. Too bad, it's too late for that.

What amazes me, they have spend close to 1k for the attorney to review a claim that would of costed NOTHING if they would of only done what I asked originally. (Just say they were sorry.)

THANKS

[chrisjax2]

FYI, the libel statements are NOT true. I was the former President of my HOA, the current president doesn't like me for some reasons only known to him. Honestly, the other board members have tried to find out what is personal "beef" with me is/was. He's the only one who is acting very unprofessional during this entire matter. Funny thing, when I requested the emails from HIM (as he's president) those emails that were libel in nature where NOT included. However, when he learned the secrectary has every single email from day one and felt my request included those, he fought like hell to NOT provide those to me. That was the first contact the HOA made with the attorney. And the attorney told him to turn them over ASAP.

[riveree]

Originally Posted by chrisjax2

What amazes me, they have spend close to 1k for the attorney to review a claim that would of costed NOTHING if they would of only done what I asked originally. (Just say they were sorry.)

THANKS

.....and that's part of what's wrong with the entire HOA system - that $1000 they spent is YOUR money - yours and your neighbors - it comes from your HOA fees. So your own money can potentially be used against you!