NO MORE MONTHLY LIMITS ON RECORD REQUESTS

An Opinion By Jan Bergemann

Published July 8, 2025

In the past many Florida community associations enacted rules limiting the number of record requests per month. Well, a Palm Beach County judge ruled that such rules are unenforceable and his riling was confirmed by the Fourth District Court of Appeals in the case of Ruiz de Gamboa v. Newth Gardens Condominium Association, Inc., Case No. 4D2024-0217 (Fla. 4th DCA Jun. 4, 2025).

The judge’s reasoning: “…such a rule is not enforceable because it is so restrictive that it substantially erodes the unit owner’s right to access.”

Honestly, these kinds of rules made only sense, if association boards – or management companies – didn’t want owners to see all the records they were entitled to inspect. Some associations even tried to limit the amount of records requested in one demand.

But this “game” used by boards and CAMs to hide certain records is now over anyway, since new laws require association of certain sizes [ HOAs = more than 100 parcels (FS 720.303(4)(b)1.) and Condos – more than 25 units (FS 718.111(12)(g) (effective January 1, 2026) ] to publish all documents listed in the statutes on a website, accessible to owners.  

No more record requests needed for owners living in associations that have the necessary size – minimum not according to the statutes.

But the big question will remain: Is the Division of Florida Condominiums, Timeshares and Mobile Homes really willing to enforce the statutes and go after associations that are not publishing all required public documents on their website?