What Is The Penalty For Not Allowing Access To HOA Records?
Official records requests are common. Owners can inspect and copy information maintained by their Associations. By law, the records must be kept within 45 miles or within the same county that that the HOA is located. In addition, they must be maintained for 7 years.
Accordingly, an HOA may establish rules specifying the frequency, time, location, and manner of an inspection and copying. However, they must permit access within 10 working days. Failure to comply with and adhere to the law, may subject them to the following: Compensating the Homeowner with a minimum of $50 per calendar day beginning on the 11th day after receipt of the request.
What Official Records Can My HOA Prevent Access To?
For homeowners who have property located within a Florida Homeowners’ Association, Florida Statute 720.303 governs and explains what information a homeowner is not entitled to receive from their HOA. If you’re thinking about doing an inspection of the association’s records through an official records request, please keep in mind that all information cannot be reviewed.
- Any record protected by the lawyer-client privilege as described in s. 90.502 AND any record protected by the work-product privilege, including, but not limited to, 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.
- Information obtained with the approval of the lease, sale, or other transfer of a parcel.
- Personnel records including disciplinary, payroll, health, and insurance records.
- Medical records of parcel owners or community residents.
- Personal information.
- Any electronic security measure used to safeguard data, including passwords.
- The software and operating system that allows the manipulation of data.
Is your HOA stonewalling you from inspecting information? As the law must be strictly adhered to, you may need to consult with an Attorney that fights for homeowners. Contact the Law Office of Ryan S. Shipp, PLLC @ 561.699.0399.
You may be interested in seeing some of our other legal posts on Florida Community Associations. For your convenience, please see links below.
Community Association Legal Blog Links