Saturday, August 16, 2008

PURCHASER ACCESS TO RECORDS

Hi All,

I received the following query by Email; the source is redacted for privacy reasons. The information may be important to many:
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"I wish to purchase a CV condo, I will be snowbirding from Toronto Canada.

I have found a condo I want but the listing agent is making me feel like I am unreasonable.

Before I put in my offer I want to know the amount of the condo's reserve fund, plus would like to see the condo's rules and regulations.

He tells me that in all the years of selling no-one has ever asked to see the rules and regulations before putting in an offer, and I find that really hard to believe.

I tried to get the names of the condo association's president from UCO investigations but they said their list was out of date and all the numbers they gave me were disconnected and I have been told that it because they are snowbirds.

So my questions to you are: is a condo's reserve fund public knowledge, and if yes, where can I find out about it and secondly how does one get a copy of a condo's rules and regulations i.e. does it have to go on file anywhere?

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BLOGMEISTER responds:

The Realtor is "full of prunes"!

The law is unambiguous on these issues:

Following is an extract from Florida Statutes: FS 718, the Condominium act.

REF:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/ch0718.htm


"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:……"

If you wish to read the entire section; simply click on the Reference above and plug in the search term “prospective purchaser”

Furthermore, the Declaration of Condominium, the Articles of Incorporation, the Bylaws, and all legal Amendments thereto are a matter of public record, to be found as follows;

http://www.pbcountyclerk.com/oris/records_home.html

If you have a problem navigating this site let me know; simply give me the Name of the Association and I will point you directly to the records. I will also find out the name of the President of said Association, which is also a matter of public record; if you are adept at Site navigation you may find same as follows:

http://www.sunbiz.org/search.html

Click on “inquire by name” near the top of the left panel and plug in the name of the Association; each Association must file this form every year; so the information on Officers should be current.

Again please advise if you have navigation problems.

I hope this is helpful

Dave Israel

3 comments:

Topper said...

I’d like to know what realtor that is. It seems to me that the realtor is giving false information which is unethical. Maybe a call should be made to FREC (Florida Real Estate Commission) in Tallahassee, FL.

Mike said...

Good answer Dave , I have told a lot of people to check reserve funds of Assocs., by-laws, rules & Regs. and amendments. I told them to include these requests as part of the offer to purchase. These things are deal breakers,if an assoc. does not have money and has not updated the by-laws. The R E agents know this and don't want to lose a deal. Mike

Anonymous said...

Acting on behalf of our Assoc. sales from the period of June 2006
through January 2008- all documents
(up dated rules&regs. by laws & all financials) were provided to the realtor/ and or potential buyer..
Having had issues w/realtors, for
the most part whoese only interest
was MAKING THE SALE, CANNOT STRESS
ENOUGH THE IMPORTANCE OF THE ABOVE
MENTIONED DOCS., which protects both buyer and the association..
No buyer should be misled as well
as no Association should have to
be burdened as a result of an un
suitable sale.
Bettie L