Did you know that no reviewing person or entity, not even the finance committee, is provided with any information concerning the compensation to individual employees of PLCA and therefore there is no basis to determine whether compensation levels are reasonable? This category represents approximately 1/3 of the Budget, and this information has not been provided despite repeated requested by Association members. Despite assurances from management, there is no opinion of PLCA counsel that the withholding of this information is permitted under Florida law. In fact, the contrary is true. Whether you think the failure to disclose this information is good or bad policy, the withholding of this information is a violation of Florida law. This violation of law is specifically condoned by Shirley Writhington, and Jet Tipton sits on the PLCA Board that violates this Florida law!
Florida law specifically requires HOAs to make the following records accessible to its members: “written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.” (Florida Statutes 720.303 (5))
Since a major portion of the budget has gone without UOC, advisory group or other independent analysis and review, probably for years and perhaps forever, we have no idea whether our compensation levels are reasonable.
Several months ago a local law firm confirmed in a newspaper article that this information must be provided under Florida law.
Sep 21, 2014 Naples Daily News Real Estate Section:
Editor’s note: Attorneys at Goede, Adamczyk & DeBoest, PLLC respond to questions about Florida community association law. With offices in Naples, Fort Myers, Miami, and Palm Beach County, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: The manager of our master association has refused to reveal the salaries of the eight people employed at the association’s administration office. He said that their attorney says that an association does not have to reveal such information to a resident. Is the attorney correct?
R.M. Fort Myers
A: Your attorney is not correct and is probably referring to the Florida law that prohibits an association from sharing personnel records with the residents. However, Chapter 720 of the Florida Statutes governing HOA’s specifically states that the term “personnel records” does not include “written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.” In a nutshell, the members of your master association are absolutely entitled to know what the association employees are paid. They are not entitled to see disciplinary, health, payroll and insurance records, but they are entitled to see salaries for these eight employees (emphasis added). The Florida Condominium Act (Chapter 718) has a similar law