ATTORNEY ERNEST W. STURGES, JR. USES HIS OWN LOGIC

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published December 29, 2008

Members of Florida's community associations are used to pretty "extravagant" interpretations of the Florida statutes, especially if attorneys are trying to accommodate the will of board members, who are signing their checks.

The latest in a row of amazing interpretations of the law comes from attorney Ernest. W. Sturges, a partner of the law firm of GOLDMAN TISEO STURGES in Port Charlotte.

Please read his OPINION LETTER, addressed to Julie Marr, Property Manager of the Oak Hollow Property Owners' Association, Inc., in regard to Unit Owner Request for Records Regarding Employee Wages.

Sturges is claiming that a House Bill, which contained language clarifying the fact that employees' wages are part of the association's public records, failed. These records are not available to the homeowners. Here is his statement: (Quote): "During the last legislative session an amendment was proposed to the aforementioned statute which would have required the Association to keep additional records regarding information regarding salaries and/or benefits of employees of the association and that these records would be available to unit owners who might request same. However, this proposed amendment to the above-referenced statute was not approved by the legislature in its most recent legislative session."

That leads him to this "conclusion" -- using his above logic (quote): "I have been unable to locate any other authority which would require the association to maintain and/or disclose these records to a requesting unit owner."

Maybe Sturges should have looked under FS 720.303(4)(j) which requires that all "Accurate, itemized, and detailed records of all receipts and expenditures" are part of the public records of the association, accessible to homeowners on request. So, if the association is not using Monopoly money to pay its employees, the records of wages and other benefits paid to employees are clearly part of the financial records open to the homeowners.

All these warped "opinion letters" from attorneys come with a bill, but without a warranty. Board members have to understand that relying on these letters can be very costly -- if a court rules that the attorney was plainly "WRONG!" But the attorney will still get paid!

This serious problem alone should be reason enough to create a regulatory agency that issues official opinions and declaratory statements, so that board members can look up "official" interpretations -- and don't have to rely on the sometimes "warped logic" of private attorneys. Never forget, these private attorneys are only too happy to defend their opinions in court -- sometimes at a very high price to the association members who have to pay for lost lawsuits, caused by opinions of attorneys.

Don't ever forget: "About 50% of all attorneys are wrong -- see court rulings!"

(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:

1. Accurate, itemized, and detailed records of all receipts and expenditures.

2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.

3. All tax returns, financial statements, and financial reports of the association.

4. Any other records that identify, measure, record, or communicate financial information.