Hi all
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In a comment stream, A Nony Mouse (Oct 17, 2008 11:22:00 AM)
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said:
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Us peons are not entitled to see any official documents. We exist so that UCO officials can pee-on us.
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While there may be any number of issues about which we may criticize UCO; access to records is not one of them.
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In a comment stream, A Nony Mouse (Oct 17, 2008 11:22:00 AM)
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said:
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Us peons are not entitled to see any official documents. We exist so that UCO officials can pee-on us.
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While there may be any number of issues about which we may criticize UCO; access to records is not one of them.
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UCO is organized as a Not-For-Profit Corporation under FS 617, which provides for access to records as follows:
UCO is organized as a Not-For-Profit Corporation under FS 617, which provides for access to records as follows:
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REF: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0617/ch0617.htm
Following is extracted from FS 617 please read the entire section for specifics on records involved.
REF: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0617/ch0617.htm
Following is extracted from FS 617 please read the entire section for specifics on records involved.
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617.1602 Inspection of records by members.--
617.1602 Inspection of records by members.--
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(1) A member of a corporation is entitled to inspect and copy, during regular business hours at the corporation's principal office, any of the records of the corporation described in s. 617.1601(5), if the member gives the corporation written notice of his or her demand at least 5 business days before the date on which he or she wishes to inspect and copy.
(1) A member of a corporation is entitled to inspect and copy, during regular business hours at the corporation's principal office, any of the records of the corporation described in s. 617.1601(5), if the member gives the corporation written notice of his or her demand at least 5 business days before the date on which he or she wishes to inspect and copy.
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(2) A member of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection
(2) A member of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the member meets the requirements of subsection
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(3) and gives the corporation written notice of his or her demand at least 5 business days before the date on which he or she wishes to inspect and copy:
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(a) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the members, and records of action taken by the members or board of directors without a meeting, to the extent not subject to inspection under subsection (1).
(a) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the members, and records of action taken by the members or board of directors without a meeting, to the extent not subject to inspection under subsection (1).
3 comments:
Dave,Ed Black or Randall,
Since the discussion has come up about the budget meeting, I
dutifully went to the 1999 UCO Model Documents for the definitive answer on how to hold a budget meeting and when to hold a budget meeting and how to notify the unit owners of the budget meeting. Lo and behold, I couldn't find any mention a budget meeting in the UCO Model Documents. Could you tell me where in the UCO Model documents it may be.? I have the State Law FS 718 from 1997 and it has all the details of a budget meeting and in the UCO model Document of 1999 that information appears to be missing.
It is my understanding
that the 1999 UCO model documents were prepared by the UCO attorney,
and everyone was encouraged to purchase the " updated documents".
So my question to you is...am I Blind ? are the UCO documents in error ? or has the State Law changed.
Hi A Nony Mouse
I would not look to 1999 Model DOCs for such questions.
FS 718 is clear on the budget meeting question.
FS - 718.112 (2008 edition)
(e) Budget meeting.--
1. Any meeting at which a proposed annual budget of an association will be considered by the board or unit owners shall be open to all unit owners. At least 14 days prior to such a meeting, the board shall hand deliver to each unit owner, mail to each unit owner at the address last furnished to the association by the unit owner, or electronically transmit to the location furnished by the unit owner for that purpose a notice of such meeting and a copy of the proposed annual budget. An officer or manager of the association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement, and such affidavit shall be filed among the official records of the association.
2.a. If a board adopts in any fiscal year an annual budget which requires assessments against unit owners which exceed 115 percent of assessments for the preceding fiscal year, the board shall conduct a special meeting of the unit owners to consider a substitute budget if the board receives, within 21 days after adoption of the annual budget, a written request for a special meeting from at least 10 percent of all voting interests. The special meeting shall be conducted within 60 days after adoption of the annual budget. At least 14 days prior to such special meeting, the board shall hand deliver to each unit owner, or mail to each unit owner at the address last furnished to the association, a notice of the meeting. An officer or manager of the association, or other person providing notice of such meeting shall execute an affidavit evidencing compliance with this notice requirement, and such affidavit shall be filed among the official records of the association. Unit owners may consider and adopt a substitute budget at the special meeting. A substitute budget is adopted if approved by a majority of all voting interests unless the bylaws require adoption by a greater percentage of voting interests. If there is not a quorum at the special meeting or a substitute budget is not adopted, the annual budget previously adopted by the board shall take effect as scheduled.
b. Any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the condominium property, anticipated expenses of the association which the board does not expect to be incurred on a regular or annual basis, or assessments for betterments to the condominium property.
c. If the developer controls the board, assessments shall not exceed 115 percent of assessments for the prior fiscal year unless approved by a majority of all voting interests.
Dave
Dave, thank you for answering.
A while back, Grace had difficulty regarding her "documents" and the budget meeting. It is understandable that new owners that receive a pile of documents would be looking to those documents for guidance. People should be able to expect that the Declaration and Bylaws they were given would be complete.
If UCO and their 1999 Model Documents cannot advise people correctly, then UCO has no business advising people at all.
As always, you are the only one at UCO that comes thru for the people and the truth.
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