“Owner Access to Official Records and Restrictions on Their Use” – News-Press
Q: I am the Secretary of my condominium association, and we have recently received a request to inspect the records of the association from a unit owner. This is the first request that anyone in the association can recall, and while the board understands its obligation to make the records available, concerns have been raised about what the owner may do with the records once they receive them. Are there protections the association can put into place restricting what owners do with the official records of the association? (S.V., via e-mail)
A: What unit owners may do with official records obtained from a records inspection request is a common concern for associations. However, a condominium association cannot restrict what an owner does with the information they obtain following their request to inspect the official records of the association.
Chapter 718, Florida Statutes, the Florida Condominium Act, provides that basically all of the records of the association, except for specific limited items, are open to the inspection and copying by unit owners upon a written request. Further, for condominium associations with 25 or more units, many official records of the association must be placed on the association’s website. As such, unit owners have access to a significant amount of information concerning the association.
However, section 718.111(12)(b) provides, that the association is not responsible for the use or misuse of the information provided to a unit owner pursuant to their request to inspect the official records of the association, unless the association had an affirmative duty not to disclose such information. The Condominium Act does not further provide that an association may impose any conditions on a unit owner’s right to inspect official records of the association.
Therefore, while certain records are excluded from the right of inspection, such as attorney-client privileged information, certain personnel records and certain personal identifying information of unit owners, such as social security numbers, driver’s license numbers, credit card numbers, e-mail addresses that are not used for official notice, for example, records that are available for inspection by a unit owner must be made available without restriction.
For homeowners’ associations governed by Chapter 720, the Homeowners’ Association Act, there are similar official records requirements. Homeowners’ associations with more than 100 parcels must also maintain a website with certain official records of the association. The Homeowners Association Act similarly excludes certain records from an owner’s right of inspection in the same manner as the Condominium Act. However, the Homeowners’ Association Act does not contain the express statement that the association is not responsible for a member’s misuse of records that they were entitled to inspect.
Both the Condominium Act and the Homeowners’ Association Act require the association to make records available upon the request of a member within 10 business days of the request.
If an association has questions regarding its obligation to make certain records available, it should review those issues with their legal services provider and be aware of the short timeline to respond to a request to inspect the official records.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
