RECORD REQUEST

RECORDS request 718.111(12) 
Owners have the right to inspect the official records of the condominium under Florida Statute Section 718.111(12) within 5 working days of written request -- certified mail return receipt. (You must have a receipt of the written request). You should list the Florida Statute number and section and describe the records as stated in the statute. See example of a records request form below!

The official records of the association are open to inspection and copying by any association member and shall be made available to a unit owner within 5 working days after receipt of a written request. If you are not provided with access to the records as requested with a second attempt by certified mail (See FS 718.501(1)(d) 7.) please contact the Division. H 995 created -- effective October 2008 -- subpoena power for the Division to require production of requested records.

FS 718.501(1)(d) 7.  If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112.

ARBITRATION RULING ACCESS TO RECORDS

Ramsey Agan and Grace Agan, v. Plaza East Association, Inc.

Case No. 2003-09-2374

OFFICIAL RECORDS REQUEST FORM

TO: Board of Director of ________________________________

As a Unit Owner and Member of the Condominium Association and pursuant to s.718.111(12), Florida Statutes, the undersigned hereby requests to inspect and copy the following official records of the Association:

1.   __________________________________________________

2.   __________________________________________________

3.   __________________________________________________

4.   __________________________________________________

5.   __________________________________________________

6.   __________________________________________________

7.   __________________________________________________

8.   __________________________________________________

9.   __________________________________________________

10. _________________________________________________

This written request is made pursuant to s. 718.111(12), Florida Statutes, and has been sent via certified mail. Florida law requires that "The records of the association shall be made available to a unit owner within 5 working days after receipt of written request by the board or its designee." Further, "The failure of an association to provide records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply."

Please notify the undersigned promptly of the date, time and place the requested records will be made available for inspection and copying. Thank you.

Signature:              _________________________________

Printed Name:       _________________________________

Address:                _________________________________

Phone Number:     _________________________________

FS 718.111(12)  OFFICIAL RECORDS.-- 

(a)  From the inception of the association, the association shall maintain each of the following items, when applicable, which shall constitute the official records of the association:

1.  A copy of the plans, permits, warranties, and other items provided by the developer pursuant to s. 718.301(4).

2.  A photocopy of the recorded declaration of condominium of each condominium operated by the association and of each amendment to each declaration.

3.  A photocopy of the recorded bylaws of the association and of each amendment to the bylaws.

4.  A certified copy of the articles of incorporation of the association, or other documents creating the association, and of each amendment thereto.

5.  A copy of the current rules of the association.

6.  A book or books which contain the minutes of all meetings of the association, of the board of administration, and of unit owners, which minutes shall be retained for a period of not less than 7 years.

7.  A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the electronic mailing addresses and the numbers designated by unit owners for receiving notice sent by electronic transmission of those unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.

8.  All current insurance policies of the association and condominiums operated by the association.

9.  A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.

10.  Bills of sale or transfer for all property owned by the association.

11.  Accounting records for the association and separate accounting records for each condominium which the association operates. All accounting records shall be maintained for a period of not less than 7 years. Any person who knowingly or intentionally defaces or destroys accounting records required to be maintained by this chapter, or who knowingly or intentionally fails to create or maintain accounting records required to be maintained by this chapter, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The accounting records shall include, but are not limited to:

a.  Accurate, itemized, and detailed records of all receipts and expenditures.

b.  A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due.

c.  All audits, reviews, accounting statements, and financial reports of the association or condominium.

d.  All contracts for work to be performed. Bids for work to be performed shall also be considered official records and shall be maintained by the association.

12.  Ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners, which shall be maintained for a period of 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).

13.  All rental records, when the association is acting as agent for the rental of condominium units.

14.  A copy of the current question and answer sheet as described by s. 718.504.

15.  All other records of the association not specifically included in the foregoing which are related to the operation of the association.

16.  A copy of the inspection report as provided for in s. 718.301(4)(p).

(b)  The official records of the association shall be maintained within the state for at least 7 years. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 5 working days after receipt of written request by the board or its designee. However, such distance requirement does not apply to an association governing a timeshare condominium. This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, or the association may offer the option of making the records of the association available to a unit owner either electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

(c)  The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply with this paragraph. The minimum damages shall be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. The failure to permit inspection of the association records as provided herein entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records for inspection. Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter, or knowingly or intentionally fails to create or maintain accounting records that are required by this chapter, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet provided for in s. 718.504 and year-end financial information required in this section on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the same. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to unit 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 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 adversarial administrative proceedings.

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

3.  Medical records of unit owners.

4.  Social security numbers, driver's license numbers, credit card numbers, and other personal identifying information of any person.

(d)  The association shall prepare a question and answer sheet as described in s. 718.504, and shall update it annually.

(e)1.  The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the condominium or the association other than information or documents required by this chapter to be made available or disclosed. The association or its authorized agent may charge a reasonable fee to the prospective purchaser, lienholder, or the current unit owner for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney's fees incurred by the association in connection with the response.

2.  An association and its authorized agent are not liable for providing such information in good faith pursuant to a written request if the person providing the information includes a written statement in substantially the following form: "The responses herein are made in good faith and to the best of my ability as to their accuracy."