Florida Statute s. 718.111(12)
How to request records from a Florida condo association
Florida gives condominium unit owners the right to inspect official records. The statute sets a 10-business-day response clock and penalties when the association is late. Here is what the law says.
The statute
F.S. 718.111(12) requires condominium associations to maintain official records and make them available to unit owners for inspection. The records must be maintained within the state and within 45 miles of the condominium property or within the county in which the condominium is located.
What counts as an official record
The statute lists the categories of records the association must maintain:
- Declaration of condominium, articles of incorporation, bylaws, and current rules
- Minutes of all meetings of the board of directors and the association
- A current roster of all unit owners with mailing addresses and unit identifiers
- All current insurance policies or certificates of insurance
- Contracts to which the association is a party
- Financial records: annual budgets, financial reports, bank statements
- The structural integrity reserve study (SIRS), if one has been completed
- Building permits and inspection reports
- All other written records relating to the operation of the association
The 10-business-day clock
After receiving a written request from a unit owner, the association has 10 business days to make the records available for inspection. The clock starts when the request is received, not when it is acknowledged.
The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections, but may not require a unit owner to demonstrate a purpose or reason for the request.
What the association can charge
The association may not charge a fee for inspection. The association may charge a reasonable fee for copies, not to exceed the actual cost of copying.
Penalty for late responses
If the association fails to provide records within 10 business days, there is a rebuttable presumption that the association willfully failed to comply. The unit owner may be entitled to:
- Actual damages, or
- Minimum damages of $50 per calendar day for up to 10 days, beginning on the 11th business day after receipt of the written request
A unit owner who prevails in an enforcement action is entitled to recover reasonable attorney fees from the person who denied access to the records.
Records that are exempt from inspection
Certain records are not accessible to unit owners:
- Records protected by attorney-client privilege or work-product privilege
- Information obtained in connection with approving a lease, sale, or transfer of a unit
- Personnel records of association employees
- Medical records of unit owners
- Social security numbers, driver license numbers, and other personal identifying information (except name, unit designation, mailing address, and contact information provided for notice purposes)
- Electronic security measures such as passwords and software firewalls
When to talk to a Florida condominium attorney
This page summarizes the statutory framework. Consult a Florida-licensed condominium attorney if:
- The association has not responded within 10 business days
- The association is charging fees you believe are unreasonable
- You need to enforce the records-request right through legal action
- You believe records are being withheld improperly
Source
F.S. 718.111 on leg.state.fl.us (subsection 12 governs official records).
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