Legal Question in Real Estate Law in Florida
Fair Debt Collections Practice Act
Attorney has violated this act in conjunction with management company who has also violated Florida Statute 718.111 (15c) requiring records to be made available to owners. How can I properly file charges against both ?
1 Answer from Attorneys
Re: Fair Debt Collections Practice Act
That same statute and subsection provides that:
"The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this paragraph. The minimum damages shall be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. The failure to permit inspection of the association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records for inspection."
Good luck,
Randall Gilbert