Fredm
TUG Member
Fred, ... "Get the management contract changed? It would be a giant step if we can get to read it. Assuming that is even possible (probably not), owners have no voting clout under the current association agreements."
Rather than bitching here about never being able to see the Bella management contract, how about requesting it, reading it and letting us know how it is deficient?
Subsection 12 of Section 718.111 (The association) of the Florida Condominium Act covers "Official Records." (a) of the subsection defines the official records as:
"9. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility."
Any written request to make public records available must be complied with
within 10 working days.
Moreover, the statute further states:
"(c) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this paragraph. The minimum damages shall be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. The failure to permit inspection of the association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records for inspection. The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet provided for in s. 718.504 and year-end financial information required in this section on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the same. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to unit owners: ... (mainly privileged information)."
Here's where to find the Florida condo act:
http://www.ccfj.net/condo718statutes.html#718.111
Since I'm not too upset by the MF I pay, I'm not going to hassle Starwood or the associations about them. But, now you have a roadmap. Get going!
"Rather than bitching here about never being able to see the Bella management contract, how about requesting it, reading it and letting us know how it is deficient?"
Thank you for the road map.
The comment I made was not in regard to VV Bella, or any other Florida timeshare. Your effort is nonetheless appreciated.
I also did not claim or suggest that the management agreement I was referring to was "deficient". I had voiced no complaint about them.
Nor was I "bitching" about anything. I was commiserating with a fellow Tugger about experiences he shared with this board, and his opinions of them. In that dialog, I suggested that the operations management agreement would offer better insight to fees, and services. Of course, that is true. I also stated that I had not read them. And while I did comment about the difficulty in obtaining a copy, the substance was not in being able to change them.
What is your point, if any?
"Since I'm not too upset by the MF I pay, I'm not going to hassle Starwood or the associations about them. But, now you have a roadmap. Get going!"
Jarta, I do not recall ever, not once, ever, saying or implying that I was upset with the m/f' s I pay. Not in this thread, or any other. But, I would not consider an inquiry about them a hassle to those who publish and account for them, upset or not.
But, you are upset about SOMETHING. Before you get yourself worked up, take the time to actually read and understand the course of the thread, and the comments you are too quick to criticize. Until then, your self- righteous and misplaced comments do not constructively contribute to the discussion. Did you say "Get going!"?