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Reserves vs. special assessments

Do I correctly understand your statement that reserves for roofing, paving and painting are required for all condos? In 25 years, as full-time residents of a condo of 350 units, we have never had reserves. We pay for these things by special assessment. Each year residents are asked to vote on whether they want full reserves, partial reserves, or no reserves, and the majority votes for none. Are we in violation of the law?

It sounds as if your association is in compliance with the law. Each year the board prepares an adequate reserves budget, and each year the members vote it out. That's the proper procedure. My belief is that it's better to pay reserves over time in small payments. Many owners have a hard time coming up with large amounts when a special assessment is due. Buyers are becoming more aware of the value of associations that have reserve budgets and are willing to pay more for units in associations with proper reserves.

Our board is reluctant to distribute names and addresses of unit owners, citing privacy concerns. Under FS 720, it appears we are required to release that information, especially when it has been requested in writing by a member. The name and address are public record, available at the county courthouse. Must our association release this information on request?

FS 72.303 says the association must provide official records within 10 days after receiving a written request from a member. Failure to do so can result in a fine of $50 a day. The board has no duty to determine how the list will be used.

Our board has yet to release minutes from board and general membership meetings that took place months ago, claiming the minutes are not yet typed. Are there guidelines on timeliness of the release of minutes?

Minutes should be drafted in an unapproved format within hours of the meeting, then sent to board members immediately for review while memories are still fresh. Corrections should be made promptly so the minutes can be formally approved at the next meeting and filed in the official minute book.

Minutes should be completed and available to the members within days after the meeting. It can be noted that they have not yet been formally approved.

There is no excuse for not having minutes in written form for the next board meeting. If your secretary is too busy, the board should appoint someone else to take and write the minutes. They need not be typed if that is a problem. Minutes are simple. They are not a verbatim transcript of every word uttered at the meeting. They record attendance; time and place of the meeting; the motions, resolutions and votes, by name. I often say there should be no more than one page of minutes per hour of meeting.

Minutes are official records that must be kept for seven years. They are important. The board is responsible for seeing that they are completed within a few days and approved at the next meeting.

- Richard White is a licensed community associations manager. Write to him c/o Community Living, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731. Sorry, he can't take phone calls or provide personal replies by mail, but you can e-mail him at CAMquestions@att.net Please include your name and city. Questions should concern association operations; legal opinions cannot be offered. For specific legal advice, contact an association attorney.

Readers may call the state Division of Condominiums Bureau of Customer Service at toll-free 1-800-226-9101 with questions or requests for materials. Write to Bureau of Customer Service, 1940 N Monroe St., Northwood Centre, Tallahassee, FL 32399-1032.

Please note that this office provides no information about homeowners' associations. The state has no bureau or department covering those associations.