Legal Question in Real Estate Law in Florida

Homeowner Association attorney/client privilege

My homeowner association tried to change one of our 2 tennis courts into a basketball court/tot-lot. It would look hideous at the entrance to our community & devalue our property along with a multitude of other cheapening results.

The BOD installed a pole in a tennis court & held a special meeting to sign contracts for erection of fencing and purchase of playground equipment etc. Phone calls to friends & neighbors urged & got 50 people to attend this special meeting where the BOD reluctantly held off signing the fencing contracts.

Months ago the finally asked an attorney whether they had the right to change our amenities. The result was announced at a monthly BOD meeting that it would have taken 75% of the community to approve such a change. Now the BOD wants to erect a $40K bulkhead in the same area citing erosion in the area. I think the review told them they need approval for changes but they won't share the info.

No litigation has taken place on this. The management Co will not release a copy of his review, citing attorney client privilege. s90.502 seems to allow my viewing of the record but the management Co is stating that they're holding the record in case litigation ever takes place. Do I have the right to see/copy it?


Asked on 3/20/06, 9:04 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Homeowner Association attorney/client privilege

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

All records of the Association are required to be made available to its members. Failing to do so is a violation of Florida law.

I suggest that you meet with an attorney who is knowledgable about Condominium and Association law to discuss the specifics of your problem.

Scott R. Jay, Esq.

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Answered on 3/21/06, 3:05 pm


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