Official Records of an Association

THE OFFICIAL RECORDS OF AN ASSOCIATION SHALL INCLUDE THE FOLLOWING ITEMS:

1. Copies of the plans, permits, warranties and other items provided by the developer

2. Copies of the recorded declaration for each condominium, articles of incorporation, bylaws and any amendments to them, and the current rules of the association

3. Book containing minutes of all association, board and unit owner meetings, which must be kept for at least 7 years

4. Current roster of all unit owners, and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers

5. Current insurance policies

6. Current copy of any management agreement, lease, or other contract under which the association is a party or the unit owners have an obligation or responsibility

7. Bills of sale or transfer for all property owned by the association

8. Accounting records for the association and separate accounting records for each condominium the association operates, for a minimum of 7 years, including but not limited to:

a) records of all receipts and expenditures

b) current statement of account for each unit owner including the unit owner's name, the due date and amount of each assessment, the amount paid on the account, and the balance due

c) all audits, reviews, accounting statements, and financial reports of the association

d) all contracts for work to be performed, including bids for work to be performed, which must be maintained for 1 year

9. Ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners, for 1 year from the date of the election, vote, or meeting to which the document relates

10. All rental records when the association is acting as a rental agent

11. Current Frequently Asked Questions and Answers Sheet

12. Other documents related to the operation of the association. The following are examples:

a) correspondence and other written communication from the Division

b) invoices for purchases made by the association

c) copies of all insurance records

d) audio and video recordings made by the board or a committee of the board, at least until the minutes of the meeting recorded are approved.

THE FOLLOWING RECORDS ARE NOT ACCESSIBLE TO UNIT OWNERS:

1. Records prepared by or at the direction of an association attorney which reflects legal conclusions, strategies or legal theories, and which were prepared for civil or criminal litigation, or adversarial administrative proceedings, until the conclusion of those proceedings.

2. Information obtained by an association in connection with the approval of the lease, sale, or some other form of transfer of a unit.

3. Medical records of unit owners.

A PRACTICAL GUIDE TO REQUESTING THE BOOKS AND RECORDS OF A CONDOMINIUM

How does the typical owner go about requesting and accessing the books and records of the condominium association? First, most associations have planned for and are ready to provide books and records to unit owners when they are requested for review.  If your condominium association has established a set of rules and regulations addressing your right to inspect the books and records and the method required to access them, you should carefully read these regulations before making your request and follow them explicitly.  In spite of your careful adherence to statutory and rule procedure requirements, unforeseen problems may arise.  Consequently, it is always prudent to retain a record of your request in the event a misunderstanding or dispute arises at a later date as to whether or when your request was made.  ALWAYS PUT YOUR REQUEST IN WRITING !  Second, in order to establish at a later date that you actually made the request, you must also show that the appropriate parties at the association management office actually received the request.  There are two ways to accomplish this:

1) If you are on the property and you make your request directly to the management office, put the request in writing and present it to the person in charge of the office.  Make two original requests and ask the person who accepts the request to sign and date BOTH letters at the bottom or in the margin.  Leave one letter with the person who signed for it and take the other one with you for your files.

2) If you mail your request, always mail it CERTIFIED: RETURN RECEIPT REQUESTED. Keep a copy of the letter sent and attach the return receipt to it for your files.  Third, be specific in your request.  Nothing creates misunderstandings or disputes faster than a unit owner who applies the "shotgun" approach to a request for records.  Remember that most condominium associations are run like businesses.  The management staff will need to understand in clear language what records you wish to review and whether you will want copies.  Fourth, state a specific day and time you wish to conduct your review. The statute states that the association is required to make the books and records available at reasonable times.  This term can have several meanings.  For one example, if the established hours for review end at 5:00 p.m. and you arrive at 4:00 p.m. to conduct a review that will take you past closing time, it may not be considered "reasonable" to expect office personnel to stay after working hours to accommodate you unless that has been planned in advance.  Rescheduling for the next day to complete the review may be the prudent thing to do.  Finally, condominium managers and other office personnel are understandably cautious that the records be reviewed only by those who are authorized to do so.  Consequently, if you intend to have a relative, friend or business associate conduct a review for you, there are some basic common sense measures that you may wish to take in order to minimize or eliminate any misunderstandings between you and your association: 

Notify the association in writing, before or at the time you make a written request for review, that your review will be conducted by an agent or representative. 

Clearly identify your agent or representative and state that he or she will present appropriate credentials upon arrival.

Ensure that your agent or representative has a written introduction from you that can be presented to the association for identification purposes.

Upon arrival at the location of the records to be reviewed, your representative should be able to present the association with a written document from you designating him or her as your agent or representative.

O.K., you have done all of the above and you have been patient with the management by listening to all of the "reasons" they have given you for not producing the records you want to see.  You feel that you have been more than reasonable with them - - what do you do then?  First, you might consider filing a written complaint with your condominium association board.  The board is required by law to respond to you within a specified time [Section 718.112(2)(a)2., Florida Statutes].  Clearly state your problem and present copies of the documents you have carefully retained in your files as evidence of your good faith efforts.  Second, if you do not receive a satisfactory response from the association board, before taking the legal steps covered earlier in this brochure, you may wish to file a complaint with the Division's Bureau of Customer Service at 1940 North Monroe Street, Tallahassee, FL 32399-1032.  Again, be sure to include a clear explanation of your problem and copies of your documentation. The Division cannot enforce the provisions of Chapter 718, Florida Statutes unless it first has clear evidence that a violation has occurred.

THE DIVISION CANNOT PROVIDE LEGAL REPRESENTATION FOR YOU.  It does, however, have the authority to assess a fine against an association that is found to be in violation of the statute.  Any action taken by the Division will be on behalf of the State of Florida and may or may not solve your problem.  Third, if you have tried the means described above and you still have not been permitted to review books and records to which you are entitled, the next step would be to pursue mediation or mandatory, non-binding arbitration of disputes which are described in Section 718.1255 of the Condominium Act. The Bureau of Customer Service maintains several brochures and booklets designed to inform the typical condominium or cooperative unit owner, in plain language, what is involved with the filing of a request for mediation or arbitration. They may be obtained by writing the Bureau.  Finally, if you have tried all of the above and are not satisfied with the outcome, you may wish to consider taking the matter to court.  While such action may result in considerable legal fees on your part, the court may award attorneys fees and court costs to the prevailing party.  You should consult an attorney for the best way to handle your complaint.  If it is the intent of the parties in an arbitration order to take the complaint to court, the complaint must be filed with a court of competent jurisdiction within thirty days after the arbitrator has made a decision [Section 718.1255(4)(k), Florida Statutes].  The arbitration decision may be entered as evidence.  The Condominium Act provides considerable protection to unit owners with regard to the access of books and records of their condominium association. In most cases, unit owners will not encounter problems with their requests to view books and records.  In those few cases when problems arise, a clear knowledge of the applicable statutes and a methodical approach to the request procedure as presented in this brochure will greatly assist you in ensuring that your statutory rights are observed.  

FOR MORE INFORMATION, YOU MAY CONTACT THE BUREAU OF CUSTOMER SERVICE AT NORTHWOOD CENTRE, 1940 NORTH MONROE STREET, TALLAHASSEE, FLORIDA 32399-1032 OR CALL 1-800-226-9101.

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