Master set of Condo docs/Board Duty

[Richard Davis]

What is the name of your state (only U.S. law)? Florida.

I am purchasing a condo in Lake Worth, FL. I have asked for, but not received, a complete and up to date set of the Condominium Documents. The current Board President says the Past Board(s) have not maintained such a document. The Board uses a law office for fee based consultation but the current President does no know if that firm has a complete set. If I go to more expense, will the seller have to pay for the document, no matter what the source?

Should I create a letter to the Buyer's and Seller's agents and the Board to say that I expect the seller to pay. I thought the law required the Document to be maintained up to date by the Board and provided to buyer at the seller's expense.

The seller only had his original document with one amendment from 1989. I refused that as the required copy. I believe it to be incomplete.What is the name of your state (only U.S. law)?

[BlondiePB]

Originally Posted by Richard Davis

What is the name of your state (only U.S. law)? Florida.

I am purchasing a condo in Lake Worth, FL. I have asked for, but not received, a complete and up to date set of the Condominium Documents. The current Board President says the Past Board(s) have not maintained such a document. The Board uses a law office for fee based consultation but the current President does no know if that firm has a complete set. If I go to more expense, will the seller have to pay for the document, no matter what the source?

Should I create a letter to the Buyer's and Seller's agents and the Board to say that I expect the seller to pay. I thought the law required the Document to be maintained up to date by the Board and provided to buyer at the seller's expense.

The seller only had his original document with one amendment from 1989. I refused that as the required copy. I believe it to be incomplete.What is the name of your state (only U.S. law)?

The condo docs are to be provided by the seller not the Association. The seller is providing you with the original docs which is what he/she is supposed to do, and has offered to do.

Those docs are to be kept on Association property (See Chpt 718 in FL statutes). You can look up the Articles of Incorporation on-line at the Clerk of Palm Beach County's website.


P.S. Lake Worth utilities (electric & water) are pretty bad.

[HomeGuru]

I would request the complete HOA docs and the cost to be paid for by Seller.

[TinkerBelleLuvr]

Since you are here in Florida, they are filed with the county. Which county are you in?

Oh - and that is the original docs and all associated updates.

[BlondiePB]

Originally Posted by TinkerBelleLuvr

Since you are here in Florida, they are filed with the county. Which county are you in?

Oh - and that is the original docs and all associated updates.

Lake Worth is in Palm Beach County. That is why I referred him to the Clerk of Palm Beach County easily found with google search. Then, Mr. Davis can download a copy and compare that copy to what the seller presented.

[Richard Davis]

Thanks for the imput. I know they have to file the docs and amendments with the county, but the question in my mind is "Does the county automatically attach the amendments to the originals and when you find the docs as suggested will they be complete?" I guess that's a question for the Clerk's office. Sorry it's 4am and the coffee is still cooking. Any way thanks for the 714 reference about docs on the Property being required. The seller can't buy a copy up to date because they don't have one.

I'm not sure why one of you said the utilities were bad, is that cost or service? I've rented in the same condo developement for two years and no problems yet.

[BlondiePB]

Originally Posted by Richard Davis

Thanks for the imput. I know they have to file the docs and amendments with the county, but the question in my mind is "Does the county automatically attach the amendments to the originals and when you find the docs as suggested will they be complete?" I guess that's a question for the Clerk's office. Sorry it's 4am and the coffee is still cooking. Any way thanks for the 714 reference about docs on the Property being required. The seller can't buy a copy up to date because they don't have one.

I'm not sure why one of you said the utilities were bad, is that cost or service? I've rented in the same condo developement for two years and no problems yet.

Yes, you will find amendments to bylaws on-line with the Articles of Incorporation. It's Chpt 718 not 714 of FL Statutes. The Association is to keep a copy of the Articles Of Incorporation on the property.

Lake Worth's electric company is not FPL. You were not at the current property when Hurricane Wilma hit. A lot of communities in Lake Worth were without electricity for a very long time...much, much, much longer than FPL customers. Then, there's the news stories about the water company...billing customers for water that wasn't even used...YIKES!!!

And, on top of it all, Lake Worth has to keep making up special types catagories for taxes because the city reached the maximum mills about 15 years ago. Thank goodness for homestead.

John G's sure does have good food.

[Richard Davis]

It turns out we are just county, not Lake Worth proper, guess that's a break for us. The water is through the master valve for the whole P.U.D. so I'm not sure if its Lake Worth Utilities. I did check my power bils and they are FPL and will be the same across the Lake from where I'm renting. Again thanks for the imput.

P.S. I did go to the clerks office and ask for help finding the records. Turns out the recorders used mixed numerics and left out certain words in the beginning, arabic 2 instead of Roman numeral II, etc.

[OldFashioned-FL]

Originally Posted by Richard Davis

What is the name of your state (only U.S. law)? Florida.

I am purchasing a condo in Lake Worth, FL. I have asked for, but not received, a complete and up to date set of the Condominium Documents. The current Board President says the Past Board(s) have not maintained such a document. The Board uses a law office for fee based consultation but the current President does no know if that firm has a complete set. If I go to more expense, will the seller have to pay for the document, no matter what the source?

Should I create a letter to the Buyer's and Seller's agents and the Board to say that I expect the seller to pay. I thought the law required the Document to be maintained up to date by the Board and provided to buyer at the seller's expense.

The seller only had his original document with one amendment from 1989. I refused that as the required copy. I believe it to be incomplete.What is the name of your state (only U.S. law)?

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You can look up the Condo (Assoc) corp filings at
[url=http://www.sunbiz.org/search.html]www.sunbiz.org - Document Searches[/url]

and find the O.R. docs at
[url=http://www.pbcountyclerk.com/oris/records_home.html]Official Records Search[/url]

then go in person and read or pay per paid for a copy.

I Hope and maybe this helps.

OldFashioned-FL