A recurring concern raised by managers and board members alike involves overwhelming requests for inspection of official records by unit owners. In many cases, official records requests have become so extensive and time-consuming that they interfere with the normal day-to-day operations of an association. Associations must strike a balance between their statutory obligation to allow for the inspection of official records and their ability to conduct business.
For Condominium Associations, Fla. Stat. 718.111(12)(c) require that the official records of the association be 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 statute places the burden to maintain official records on the association. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member or member’s representative. Renters also have the right to inspect certain documents, including the declaration of condominium, by-laws and rules, certain inspection reports.
At the same time, 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 Association is obligated to make records available for inspection within ten (10) working days after receipt of a written request. The failure 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 its statutory requirements. Unit owners who are denied access to official records are entitled to actual damages or minimum damages for the association’s failure to comply. Minimum damages are $50 per calendar day for up to 10 days (i.e., $500.00), beginning on the 11th working day after receipt of the written request. Additionally, the failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees form the person in control of the records who, directly or indirectly, knowingly denied access to the records. Furthermore, per recent statutory changes, a director or member of the board or association, or a community association manager who knowingly, willfully and repeatedly fails to provide access to official records may be subject to possible civil penalties, criminal penalties and removed from office.
Pursuant to recent statutory changes, which became effective on July 1, 2024, Associations should be mindful of the following in connection with the maintenance of official records and in responding to requests to inspect same:
- All official records must be maintained for at least 7 years, unless otherwise stated 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 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 reasonably as possible.
- An association may comply with a records inspection request by making the records available to a unit owner via the internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
- 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 fulfills its obligations to make records available for inspection by directing to the website or the application all persons authorized to request access.
- As part of a response to a written request for records, the association must simultaneously provide to the requestor a checklist of all records available for inspection and copying. The checklist must identify any of the records that were not available. This checklist needs to be maintained as part of the association’s records for 7 years.
- Associations are required to 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, and year-end financial information 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.
If you have any concerns about your association’s compliance with its obligation to maintain official records and make same available for inspection, please ensure to contact a condominium attorney for assistance.
Carolina Sznajderman Sheir is an AV Preeminent® rated attorney and partner at Eisinger Law. She focuses her practice on real estate law, community association law, commercial litigation and developer representation and can be reached at 954-894-8000 x 238 or csheir@eisingerlaw.com.
Eisinger Law., is a full service Florida law firm focusing on community association law, real estate law, developer representation, commercial litigation, insurance law, estate planning and probate. For more info visit eisingerlaw.com.
