I live in a small development of 50 homes in Florida. We have a Home Owner’s Association to which you must be a member. We have had some radical changes in the Property Insurance Coverage for our development due to the recent rash of hurricanes.
The Home Owner’s Association has purchased a new policy for our Property Insurance with different coverage. I am told we now have no comprehensive coverage on the policy. I have asked the President of our Home Owner’s Association to provide me a copy of the Declaration of Coverage sheet from the new policy and he refuses to do so. Florida Statutes (Ref: Fla. Statute 720.303, paragraph 5, section (b)). In this statute it calls out for a possible punitive damage of $50 per day for a maximum of $500 in the event that a refusal like this takes place. I would like to take this matter to court but I am unsure if this is a matter for Small Claims Court or Civil Court.
What is the best way to proceed?
You’re trying to get him to do something – so it’s civil court. You’ll have to hire an attorney, and also go after them for the attorney fees.
I’d write them a letter, send it certified, return receipt, requesting the information one more time, telling him you’ve requested it before, and if he doesn’t respond within 30 days, you’ll be "taking further legal steps" and looking for the attorney fees as well.
Keep in mind, as a member of the association, you can probably try to get him booted out for not doing his job, because any attorney fees would get divided up between all the homeowners; you WILL end up paying your share as well.