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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90095
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What do I do when the Treasurer of our Association has not

Resolved Question:

What do I do when the Treasurer of our Association has not given a report for 5 years and avoids opening the books for a review. the Association takes in between 5 to $6,000 every year.
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the association is refusing to provide a proper accounting, then members would first approach the board and demand they order one. Second, if the board refuses to provide an accounting to members as required, then the members have a right to file suit for declaratory judgment in court to force the association to produce the accounting and the books for inspection to the members.

Under FS 720.303, in pertinent part, the association shall keep and provide these records, it states:

(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.(k) A copy of the disclosure summary described in s. 720.401(1).




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Customer: replied 10 months ago.

This is the Lee county consignment and Resale association. It has no current board only the same treasurer for the last 6 years. she has never given an actual report. With 5 to 6,000 coming in every year and only $2,500 spent for a brochure printing of all the stores and a one time basic website charge it looks like a shortfall of about at least $15,000 over the last 6 years. she refuses to give an actual of receipts and actual expenses but only to say we have money and there are expenses. I was thinking of contacting the police or the IRS for an audit. she is now acting defiant with me.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your clarification.

The members of an association have a right for an accounting. If she refuses to give one, then you can still report it to the police and the District Attorney as well if there is a suspicion that she has taken money from the association, which it sounds now like you believe. The IRS can be called for a tax audit as well, especially if she has not filed proper tax returns, but the police and DA are the best first bet and report theft by embezzlement to them.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90095
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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