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David Critzer | REALTOR®

Downing-Frye Realty, Inc.
8950 Fontana Del Sol Way
Suite #100
Naples, FL 34109 
Email: David@DavidFlorida.com

239-285-1086

Babcock Ranch, Southwest Florida

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Florida HOA and condo laws: Does the association have to fork over records when you ask?

Joseph Endicott, attorney Goede, DeBoest & Cross, special to the Naples Daily News

Q: I live in a condominium association and need access to my association’s official records but have been told that there are restrictions governing the manner and frequency in which I can request these documents. Is it permissible for my association to adopt restrictions on official records requests? S.F., Naples

A: One of the duties of condominium associations in Florida is to maintain official records of the association. The types of records that are considered official records are identified in Chapter 718, Florida Statutes, and cover a wide array of different documents, from voting records to building permits. These official record requirements enable associations to operate in a transparent manner and ensure that proper record keeping is maintained. Florida law requires that these official records be made available for inspection by a requesting owner within ten business days.

The board of directors for your association may choose to ensure that these record requests are handled as efficiently as possible and adopt procedures pursuant to their rule-making authority to do so. Among the procedures commonly established are receipt, frequency, and format restrictions. These procedures assist the association in processing requests as they come in, prevent abusive practices, and limit an overabundance of requests from overwhelming management staff.

Read the rest of the answer here, and the answer to this next question.

Q: I installed very nice custom tile on my lanai, and the association is now telling me that the tile must be removed in order to do some concrete restoration on the deck. The association is also telling me that the association will not replace the tile. This does not seem right. What is the law on this? D.M., Bonita Springs