Question: Do I have the right to know the compensation package of employees of my homeowners’ association? (J.S.by e-mail)
Answer: This is a complicated issue and there is not unanimity of opinion as to what the law actually means. The answer to your question may depend on where the information you seek is contained. The Florida Homeowners’ Association Act (Chapter 720 of the Florida Statutes) provides that management agreements are considered official records of the association that must be made available to the association members upon receipt of a written request. The same is true for all financial and accounting records of the association.
The statute also provides that there are certain official records of the association that are not to be made available to members. Among these “protected” records are personnel records of association or management company employees, including, but not l
imited to, disciplinary, payroll, health, and insurance records. According to the statute, the term “personnel records” excludes written employment agreements with an association or management company employee, budgetary, or financial records that indicate the compensation paid to an association or management company employee.
If a written employment agreement includes information regarding the compensation package afforded to an employee, members can obtain this information by submitting a written request to the association to inspect. Similarly, if it is possible to tell how much a particular employee is paid from the association’s financial records, such as the budget or year-end financial report (or other accounting records), the members can also review this information.
If the specific compensation package is identified in the association’s “payroll records,” the law provides that members do not have a right to this information.