ACCESS TO OFFICIAL RECORDS

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 -- like health reports of employees and litigation documents normally protected by client/attorney privilege.

In theory -- and by statute -- every owner has the right to inspect or receive copies of all documents -- 10 business days after a written demand (See Examples) is being made to the board. To be on the safe side, mail request certified letter, return receipt requested! The countdown starts the day after confirmed service!

A little hint to save expenses: In your demand just ask to inspect the documents. Since associations have the right to charge up to $0.50 for a copy, we have seen boards dumping 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!

But since there is no real enforcement -- boards, often encouraged by their attorneys and management companies -- are refusing 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 are fighting in court to deny inspecting of records, eating up legal fees, most likely trying to cover up financial irregularities!

This is one issue that should be easily solved 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.

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