Tuesday, January 20, 2015

Requisitioning Records

The following is very interesting. As you can see first Mr.Grossman gave 12 reasons for his request for the records concerning a pipe break near our building. The question was who is responsible to repair it.

The answer given was a excerpt from the 617 rules. 

It seems as if The Great and Responsible President considers the 617 rules as a box of chocolates. To be picked and chosen from.


Mr Grossman:

Indeed you should be proud of your association. In my Hume opinion is clearly one of the best maintained and improved in the community. 

I asked for a copy of the contract on your behalf yesterday, however Mr Israel was out today. 

I will follow up with him tomorrow.

Sent from my iPhone

On Jan 19, 2015, at 2:51 PM, Edward R Grossman <edwardrgrossman@gmail.com> wrote:
To Ted Herrle:                                                                                                        1/19/2015

Hi Ted,
Further to your visit with me yesterday at Wellington A I would like to review the following:
1)      The break in the line behind Wellington A was reported more than a week ago to Seacrest.
2)      I inspected the sight and saw work was going on.
3)      I had no idea as to the work being stopped.
4)      I knew that Seacrest had a contract with UCO with regard to the sprinkler system.
5)      I presumed since Seacrest had the contract for the village wide sprinkler system Wellington A was covered by this contract.
6)      Yesterday was the first time that I learned that there was an issue as to what work Seacrest was obligated to due under its Village Wide Contract.
7)      Yesterday was the first time that I learned that Seacrest only performed the work in question for those Associations which the managed.
8)      I had  studied the  Seacrest contract in the past for my association and nowhere do I recall seeing that this work was included in there contract, it may have changed since I reviewed there contract.
9)      It would appear to me that there may be a conflict of interest as to those associations who use Seacrest and those that do not since UCO is a separate entity.
10)   Yesterday I requested a copy of such contract so I can review it on behalf of   Wellington A.
11)   After reviewing this contract if warranted I would engage our own contractor to determine if this is the case.
12)   Upon my own contractors finding, if necessary Wellington A would proceed with the work

I believe that since some time has passed since the discovery, notification of the break and the notification to me it would behoove those in charge to make said contract available to me in an expeditious fashion.

I must stress the we here a Wellington A are very proud of our Building and always honor our commitments.

We await your prompt reply.

Sincerely,

Edward R. Grossman CPA


President- Wellington A Condominium Assoc. Inc.

For those of us that want to request records, the following are David Israel's user friendly rules.



I have been asked to forward the proper procedure for requisition records.  I have included the procedure below for your use:
617.1602 Inspection of records by members.

(1) A member of a corporation is entitled to inspect and copy, during regular business hours at the corporation’s principal office or at a reasonable location specified by the corporation, 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 10 business days before the date on which he or she wishes to inspect and copy.


(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 (3) and gives the corporation written notice of his or her demand at least 10 business days before the date on which he or she wishes to inspect and copy:


(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).(b) Accounting records of the corporation.

(c) The record of members.
(d) Any other books and records.

(3) A member may inspect and copy the records described in subsection (2) only if:

(a) The member’s demand is made in good faith and for a proper purpose;
(b) The member describes with reasonable particularity his or her purpose and the records he or she desires to inspect;
(c) The records are directly connected with the member’s purpose.
(4) This section does not affect:

(a) The right of a member in litigation with the corporation to inspect and copy records to the same extent as any other litigant.

(b) The power of a court, independently of this chapter, to compel the production of corporate records for examination.

(5) A corporation may deny any demand for inspection made pursuant to subsection (2) if the demand was made for an improper purpose, or if the demanding member has within 2 years preceding his or her demand sold or offered for sale any list of members of the corporation or any other corporation, has aided or abetted any person in procuring any list of members for any such purpose, or has improperly used any information secured through any prior examination of the records of the corporation or any other corporation.


(6) For purposes of this section, the term "member" includes a beneficial owner whose shares are held in a voting trust or by a nominee on his or her behalf.


(7) For purposes of this section, a "proper purpose" means a purpose reasonably related to such person’s interest as a member.

 Please let me know if there is anything else I may do for you. 


Very Best Regards,

Ted S. Herrle

Ted S. Herrle, PCAM, MCM
Community Manager
United Civic Organization of Century Village

This full of Pride little man has to be gone - No 4th Term

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