HOMEOWNERS' ASSOCIATION
EDUCATION

 ACCESS TO OFFICIAL RECORDS (2010)

Access to official records is regulated by FS Chapter 720.303(4) + (5). Legally, owners should have easy access to the so-called documents. Nearly all documents are considered public, just a few are considered protected -- see list below, according to FS 720.303(5)(c) 1-7

PLEASE NOTE:  Although boards and attorneys may try to hide certain documents, not all documents are actually protected by client/attorney privilege.

In theory -- and by statute -- every owner has the right to inspect, photocopy or receive copies of all documents -- 10 business days after a written request has been made to the board. (See Examples of written requests.) It is now required by Florida statutes that you mail the request as a certified letter, return receipt requested! The countdown starts the day after confirmed receipt!

A little hint to save expenses: In your request just ask to inspect the documents. Since associations have the right to charge up to $0.50 for a copy, we have seen boards dump boxes full of copies on owners -- and charge outrageous amounts. Inspect the records first, and then ask for the specific documents to be copied. That keeps you in control of the final cost!

NEW RULES (July 1, 2010)

FS 720.303(5)(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association may charge up to 50 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor or association management company personnel and may charge the actual cost of copying, including any reasonable costs involving personnel fees and charges at an hourly rate for vendor or employee time to cover administrative costs to the vendor or association. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members.

NOTE: The association has to adopt rules and put them in writing!

But since there is no real enforcement, boards often are encouraged by their attorneys and management companies to refuse owners access to these documents.  Especially financial records seem to be the problem.

FS 720.311 requires Presuit Mediation Offer before taking these issues to court. But if the mediation fails, you can take the issue to Small Claims Court. 

If you followed the rules of FS 720.303(4) + (5) and your association didn't oblige, there is really not much to mediate. You have the right to the $500 penalty and the cost of the procedure. The law is very clear! Mediation is done with a straight YES or NO! No lengthy arguments, no IFs and no BUTs! Use your money for filing fees with your local Small Claims Court -- you get a free mediation there anyway!

Despite owners having success in court (See: Small Claims Court Law-Suit for Violation of Florida Statutes ) it's not as easy as it sounds. We have seen cases where boards fight in court to deny inspection of records, while racking up legal fees, most likely as they try to cover up financial irregularities!

This is one issue that should be easily resolved by a fast ruling of an arbitrator or administrative judge!  It is imperative that this is another issue that needs to be dealt with in the legislature.

   

[Note: The legislature attempted to deal with it (S1196 in 2010), but made an even bigger mess out of it!]

The following records are not accessible to members or parcel owners:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work product privilege, including, but not limited to, any record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or administrative proceedings.

 

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.

 
3. Personnel records of the association’s employees, including, but not limited to, disciplinary, payroll, health, and insurance records.


4. Medical records of parcel owners or community residents.

 
5. Social security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.

 
6. Any electronic security measure that is used by the association to safeguard data, including passwords.

 
7. The software and operating system used by the association which allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.


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