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OFFICIAL RECORD REQUEST
Owners have the right to inspect the official records of the condominium under
Florida Statute Section 718.111(12) [see below] within
10 working days of a 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 exact records you wish to inspect -- see list of
official records in the statutes.
New law requires condominium associations to have a
website where owners can access all the official records as listed in
the statutes on a password-protected website. If this option is not
available, owners can still make a record request as stated in the
statutes.
See
REQUEST
TO ACCESS ASSOCIATION RECORDS (DIVISION FORM)
FS 718.111(12) OFFICIAL
RECORDS.--
(a) From
the inception of the association, the association shall
maintain each of the following items, if applicable,
which constitutes the official records of the
association:
1. A
copy of the plans, permits, warranties, and other
items provided by the developer under s. 718.301(4).
2. A
photocopy of the recorded declaration of condominium
of each condominium operated by the association and
each amendment to each declaration.
3. A
photocopy of the recorded bylaws of the association
and each amendment to the bylaws.
4. A
certified copy of the articles of incorporation of
the association, or other documents creating the
association, and each amendment thereto.
5. A
copy of the current rules of the association.
6. A
book or books that contain the minutes of all
meetings of the association, the board of
administration, and the unit owners.
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 e-mail
addresses and facsimile numbers of unit owners
consenting to receive notice by electronic
transmission. In accordance with sub-subparagraph
(c)5.e., the e-mail addresses and facsimile numbers
are only accessible to unit owners if consent to
receive notice by electronic transmission is
provided, or if the unit owner has expressly
indicated that such personal information can be
shared with other unit owners and the unit owner has
not provided the association with a request to opt
out of such dissemination with other unit owners. An
association must ensure that the e-mail addresses
and facsimile numbers are only used for the business
operation of the association and may not be sold or
shared with outside third parties. If such personal
information is included in documents that are
released to third parties, other than unit owners,
the association must redact such personal
information before the document is disseminated.
However, the association is not liable for an
inadvertent disclosure of the e-mail address or
facsimile number for receiving electronic
transmission of notices unless such disclosure was
made with a knowing or intentional disregard of the
protected nature of such information.
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 that the association
operates. Any person who knowingly or intentionally
defaces or destroys such records, or who knowingly
or intentionally fails to create or maintain such
records, with the intent of causing harm to the
association or one or more of its members, is
personally subject to a civil penalty pursuant to
s. 718.501(1)(e).
The accounting records must include, but are not
limited to:
a. Accurate,
itemized, and detailed records of all receipts
and expenditures.
b. All
invoices, transaction receipts, or deposit slips
that substantiate any receipt or expenditure of
funds by the association.
c. 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 on the account, and the balance due.
d. All
audits, reviews, accounting statements,
structural integrity reserve studies, and
financial reports of the association or
condominium. Structural integrity reserve
studies must be maintained for at least 15 years
after the study is completed.
e. All
contracts for work to be performed. Bids for
work to be performed are also considered
official records and must be maintained by the
association for at least 1 year after receipt of
the bid.
12. Ballots,
sign-in sheets, voting proxies, and all other papers
and electronic records relating to voting by unit
owners, which must be maintained for 1 year from the
date of the election, vote, or meeting to which the
document relates, notwithstanding paragraph (b).
13. All
rental records if the association is acting as agent
for the rental of condominium units.
14. A
copy of the current question and answer sheet as
described in s. 718.504.
15. A
copy of the inspection reports described in ss. 553.899 and 718.301(4)(p)
and any other inspection report relating to a
structural or life safety inspection of condominium
property. Such record must be maintained by the
association for 15 years after receipt of the
report.
16. Bids
for materials, equipment, or services.
17. All
affirmative acknowledgments made pursuant to s. 718.121(4)(c).
18. A
copy of all building permits.
19. A
copy of all satisfactorily completed board member
educational certificates.
20. All
other written records of the association not
specifically included in the foregoing which are
related to the operation of the association.
(b) The
official records specified in subparagraphs (a)1.-6.
must be permanently maintained from the inception of the
association. Bids for work to be performed or for
materials, equipment, or services must be maintained for
at least 1 year after receipt of the bid. All other
official records must be maintained within the state for
at least 7 years, unless otherwise provided by general
law. The official records must be maintained in an
organized manner that facilitates inspection of the
records by a unit owner. In the event that the official
records are lost, destroyed, or otherwise unavailable,
the obligation to maintain the official records includes
a good faith obligation to obtain and recover those
records as is reasonably possible. 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 10 working days after receipt of a written
request by the board or its designee. However, such
distance requirement does not apply to an association
governing a timeshare condominium. This paragraph and
paragraph (c) 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 available to a unit owner
electronically via the Internet as provided under
paragraph (g) or by allowing the records to be viewed in
electronic format on a computer screen and printed upon
request. The association is not responsible for the use
or misuse of the information provided to an association
member or his or her authorized representative in
compliance with this chapter unless the association has
an affirmative duty not to disclose such information
under this chapter.
(c)1.a. The
official records of the association are open to
inspection by any association member and any
person authorized by an association member as a
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 member and of
the person authorized by the association member
as a representative of such member. A renter of
a unit has a right to inspect and copy only the
declaration of condominium, the association's
bylaws and rules, and the inspection reports
described in ss. 553.899 and 718.301(4)(p).
The association may adopt reasonable rules
regarding the frequency, time, location, notice,
and manner of record inspections and copying but
may not require a member to demonstrate any
purpose or state any reason for the inspection.
The failure of an association to provide the
records within 10 working days after receipt of
a written request creates 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. Minimum damages are $50 per calendar day
for up to 10 days, beginning on the 11th working
day after receipt of the written request. The
failure to permit inspection entitles any person
prevailing in an enforcement action to recover
reasonable attorney fees from the person in
control of the records who, directly or
indirectly, knowingly denied access to the
records. If the requested records are posted on
an association's website, or are available for
download through an application on a mobile
device, the association may fulfill its
obligations under this paragraph by directing to
the website or the application all persons
authorized to request access.
b. In
response to a written request to inspect
records, the association must simultaneously
provide to the requestor a checklist of all
records made available for inspection and
copying. The checklist must also identify any of
the association's official records that were not
made available to the requestor. An association
must maintain a checklist provided under this
sub-subparagraph for 7 years. An association
delivering a checklist pursuant to this
sub-subparagraph creates a rebuttable
presumption that the association has complied
with this paragraph.
2. A
director or member of the board or association or a
community association manager who knowingly,
willfully, and repeatedly violates subparagraph 1.
commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or
s. 775.083,
and must be removed from office and a vacancy
declared. For purposes of this subparagraph, the
term "repeatedly" means two or more violations
within a 12-month period.
3. Any
person who knowingly or intentionally defaces or
destroys accounting records that are required by
this chapter to be maintained during the period for
which such records are required to be maintained, or
who knowingly or intentionally fails to create or
maintain accounting records that are required to be
created or maintained, with the intent of causing
harm to the association or one or more of its
members, commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or
s. 775.083;
is personally subject to a civil penalty pursuant to
s. 718.501(1)(d);
and must be removed from office and a vacancy
declared.
4. A
person who willfully and knowingly refuses to
release or otherwise produce association records
with the intent to avoid or escape detection,
arrest, trial, or punishment for the commission of a
crime, or to assist another person with such
avoidance or escape, commits a felony of the third
degree, punishable as provided in s. 775.082,
s. 775.083,
or s. 775.084,
and must be removed from office and a vacancy
declared.
5. 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 as described in s. 718.504 and
year-end financial information required under 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 documents. An association shall allow
a member or his or her authorized representative to
use a portable device, including a smartphone,
tablet, portable scanner, or any other technology
capable of scanning or taking photographs, to make
an electronic copy of the official records in lieu
of the association's providing the member or his or
her authorized representative with a copy of such
records. The association may not charge a member or
his or her authorized representative for the use of
a portable device. Notwithstanding this paragraph,
the following records are not accessible to unit
owners:
a. Any
record protected by the lawyer-client privilege
as described in s. 90.502 and
any record protected by the work-product
privilege, including a 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 such litigation
or proceedings until the conclusion of the
litigation or proceedings.
b. Information
obtained by an association in connection with
the approval of the lease, sale, or other
transfer of a unit.
c. Personnel
records of association or management company
employees, including, but not limited to,
disciplinary, payroll, health, and insurance
records. For purposes of this sub-subparagraph,
the term "personnel records" does not include
written employment agreements with an
association employee or management company, or
budgetary or financial records that indicate the
compensation paid to an association employee.
d. Medical
records of unit owners.
e. Social
security numbers, driver license numbers, credit
card numbers, e-mail addresses, telephone
numbers, facsimile numbers, emergency contact
information, addresses of a unit owner other
than as provided to fulfill the association's
notice requirements, and other personal
identifying information of any person, excluding
the person's name, unit designation, mailing
address, property address, and any address,
e-mail address, or facsimile number provided to
the association to fulfill the association's
notice requirements. Notwithstanding the
restrictions in this sub-subparagraph, an
association may print and distribute to unit
owners a directory containing the name, unit
address, and all telephone numbers of each unit
owner. However, an owner may exclude his or her
telephone numbers from the directory by so
requesting in writing to the association. An
owner may consent in writing to the disclosure
of other contact information described in this
sub-subparagraph. The association is not liable
for the inadvertent disclosure of information
that is protected under this sub-subparagraph if
the information is included in an official
record of the association and is voluntarily
provided by an owner and not requested by the
association.
f. Electronic
security measures that are used by the
association to safeguard data, including
passwords.
g. The
software and operating system used by the
association which allow 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.
h. All
affirmative acknowledgments made pursuant to s. 718.121(4)(c).
(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."
(f) An
outgoing board or committee member must relinquish all
official records and property of the association in his
or her possession or under his or her control to the
incoming board within 5 days after the election. The
division shall impose a civil penalty as set forth in
s. 718.501(1)(d)6.
against an outgoing board or committee member who
willfully and knowingly fails to relinquish such records
and property.
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If you
are not provided with access to the records as requested with a second
attempt by certified mail please contact the Division
and file an official complaint. In your complaint please make sure that
you mention FS 718.501(1)(e)7.
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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 at the location in which the records are kept
pursuant to s. 718.112.
Upon receipt of the records, the division must provide to
the unit owner who was denied access to such records the
produced official records without charge. |
If
you make a record request, always state that you want to
"INSPECT" the records, don't ask to get copies. The association
(or CAM) can't charge you for inspecting the records, only for making
copies. And since the statutes allow you to bring your own scanning (copying)
device to the inspection, you can actually get your copies for free, if
you make copies with your own device.
If
it's the CAM that gives you grief over your record request make sure you
remind him/her of the new provision in FS 468.436(2)(b)7.
Violating any provision of chapter 718, chapter 719, or chapter 720
during the course of performing community association management services
pursuant to a contract with a community association as defined in s.
468.431(1). File a complaint with CAM Licensing. No more excuse:
"I acted on orders of the board!" CAMs can now be held
liable for their own actions!
ARBITRATION
RULING ACCESS TO RECORDS
Ramsey
Agan and Grace Agan, v.
Plaza East Association, Inc.
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