DID MANDATORY WEBSITES SOLVE THE RECORD INSPECTION PROBLEMS IN HOAs?

An Opinion By Jan Bergemann

Published November 10, 2026

I guess our Florida Legislature was under the impression that making websites displaying all so-called public records mandatory would finally solve the serious problems of high cost legal fights over record inspections.

The idea behind these new regulations was definitely good, but due to the total lack of enforcement it looks like it is another failed attempt trying to give owners access to all public records as named in FS 720.303(4).

Since January 1, 2025, homeowners’ associations regulated by FS 720 (The HOA Act) with more than 100 parcels are required to post all these records on a website with all members having easy access to the member-access-only websites.

Sounds really nice, doesn’t it?

But what happens if the association plainly ignores these laws?

Simple answer: Nothing!
 

Owners still have to use the legal process, meaning filing for presuit mediation (FS 720.311) – most often unsuccessful – and then filing a lawsuit.

And even after winning the lawsuit after many years of frustrating legal battles and a final Appeals Court ruling, the owners’ attorneys may finally collect the legal fees awarded by courts, but they still don’t have access to all public records, even if the court opinion said so.

Recent court cases have shown that this is the “sad” case. Boards still can’t prevent owners from inspecting all public records if they are so inclined. And they can use owners’ money to prevent owners from seeing all financial records, making embezzlements much easier. The statute of limitation is 4 (four) years for most of these crimes. All board members have to do is preventing owners from inspecting records for four years.

How good are all these laws if owners still can’t inspect the records if the board (or community association manager) don’t want them to see the records? All they need is a law firm willing to drag out court cases until the statutes of limitations are up.

And there are obviously enough law firms here in Florida willing to defend homeowners’ association board members’ clear violations of Florida statute. No wonder in the only country in the world that has more lawyers than medical doctors.

SEE AS WELL: HOMEOWNERS' ASSOCIATIONS EDUCATION WEBSITES