PUBLIC RECORDS ARE NOT PUBLIC -- IF COPYRIGHTED BY BOARD PRESIDENT

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

Published December 27, 2011

After listening and watching tapes from many board meetings, I get more and more the impression that many directors strive to be funnier than Saturday Night Live. Because I sincerely doubt that they are saying what they are really saying to show their neighbors how incompetent they really are.

Believe me, I have heard in the last 12 years many excuses why public association records shouldn't be public -- according to board members. No matter that the Florida statutes regarding association records are very specific, I have seen many expensive lawsuits fought over records and the unwillingness of boards to show these records to the owners -- their neighbors. I always wonder what these boards have to hide?

But it seems there is always somebody to top the last highlight of record request refusal by creating a more absurd excuse.

The latest example: Board president MICHAEL PERKINS from the SOUTHWIND LAKES HOMEOWNER'S ASSOCIATION, INC. in Boca Raton. In a special board meeting on December 21, 2011 with the sole agenda item of "Selection of a Management Company" the discussion turned loud because not every board director had received all the necessary documents to make an educated decision about which of the management companies that supplied bids to vote for. One of the board members abstained from the vote due to lack of information. That caused President Perkins to declare that he will vote "YEA" -- even if he wanted to abstain from voting. But the idea that him abstaining as well would give the impression that he agrees with the abstaining director causes him to vote "YEA," because he surely doesn't agree with this board member.

But after gong into a lengthy tirade about how well the process of selecting a new management company was thought out, President Perkins suddenly faced the question of a homeowner who was curious about the documents used to select this company. This very revealing argument developed (transcript):

HO: "If I go to Continental [SWL current management company] I can't get a copy of this RFP under the Open Records Act of the State of Florida?

Pres. Perkins: "As a matter of fact, No, No, because I wrote it, IT'S MY COPYRIGHTED IT, and I'm taking it back and I'm going to every single person who I gave it to and asking for it back"

(CLICK HERE TO LISTEN TO THE ACTUAL RECORDING)

Maybe our esteemed legislators should add an amendment to the statutes declaring “copyrighted” (meaning written by board president) records shall not be accessible to members or parcel owners. But as long as that is not the case, I sincerely feel that President Perkins is making his own rules as he goes along.

As to the management company that was selected with a YEA vote of four board members?

Here is the complaint history from the web pages of the DBPR about the owner of that management company:

Number	Class	Incident Date	Status	Disposition	Disposition Date	Discipline	Discipline Date
2010027306	Licensed Activity	06/21/2008	Closed	Final Order	02/28/2011	Fine	02/18/2011
2010027306	Licensed Activity	06/21/2008	Closed	Final Order	02/28/2011	Reprimand	02/28/2011

Selection was done with due diligence? I'm not so sure, considering the fact that it really takes some serious professional violations to earn a fine and a reprimand from the DBPR -- a government agency normally finding lots of excuses for their licensees.

Do you honestly believe the owners of this homeowners' association are having fun?

LAWSUITS TO PROTECT PRESIDENTS' BRUISED EGOS?