Document Request

If the statutes say the association must produce certain documents on request, you requested documents that fall within the statutes, and they fail to produce all the documents without an explanation, you have two choices:
Live with it; or
Seek an injunction to require production of the missing documents.

Not too many choices when a party refuses or fails to do what is required of him by law.

Perhaps one of your legal friends would be willing to write a letter, on Attorney stationery, requesting the documents. This may indicate to them you are more serious about considering legal action, if you are indeed entitled to them.

We are under Chapter 720- HOA law. The items I requested are legally allowed to be requested per 720.303 statute. I was suprised as well as my legal buddy that the MC did not turn these items over. I'm trying to limit the legal part because we have not transitioned. Any legal work will have to be out of pocket for me. Since the start, this MC has been very secretive with sharing the community documents not only with me, but with other residents as well. It draws a red flag for me especially since I followed state statute and still would up in the same place- incomplete documents.

[emphasis added]
Per 720.303 (5) INSPECTION AND COPYING OF RECORDS (scroll down in the link),[emphasis added] "The official records shall be maintained within the state and must be open to inspection and available for photocopying by members"

Austin,

It appears from your post that you are asking for copies of the records. Per FL law - the Association doesn't have to provide you copies. If, and the statute is very clear on this, IF their is a photocopier at the same location where the records are maintained they must provide copies if requested during an inspection of those records.

Requiring access to inspect the records (as provided in the law) is not the same as requiring the Association to copy those records and mail them to the member.

You absolutely have a right to inspect those records. This requires you to make arrangements to meet with the record keeper (the MC, a board member, the registered agent, etc) during a reasonable time (typical business days: 9-5 M-F) and provide those records for you to look at (i.e. inspect). While you are physically present, and if a copy machine is available at the inspection site, the Association must provide copies of up to 25 pages (they can refuse to copy the 26th page).

NOTE: per that statute, the Association may also charge you for those copies, including any costs associated with making those copies (i.e. the salary/billable hours for the individuals time to pull the record, review it to make sure it's in compliance with the law, the time to physically make the copy, the time to put the original back and the time to deliver the copy to you).

Question: Did you request to inspect the records or did you request for a copy of the records?

As posted above - the Association does not have to honor a request for copies unless it is requested during the actual inspection.

I'm not saying I agree with the law. I'm just pointing out the specifics of the law as I understand it based on the language used within the statute. Associations must comply with the law as written.

NOT: should have been provided

REQUIRED: made available for inspection (by appointment, generally)