Freedom of Information Act HOA Information Requests

Started by JavierA2 • 5 replies • 2154 views

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JavierA2 (Florida)
Posts: 1

Posted:

Hello:

I live in Florida and I want to know if as an owner can request records under the freedom of information act that under the HOA are only available to board members.

I am aware that recently has been many changes to the way that HOA rules/laws work and want to find out the updated information on this.

Thanks!

RichardP13 (California)
Posts: 3,868

Posted:

The Freedom of Information Act (FOIA) is for government entities, NOT private corporations.

AugustinD
Posts: 5,144

Posted:

Hi JavierA2,

Check your HOA's Bylaws and Declaration for the rules on viewing records. Every HOA I know of has a rule allowing Members access to most records. The only ones that should be off limits are ones where another Member's privacy is at stake or those that are attorney-client privileged exchanges between Board and attorney.

Second, check your state's HOA statutes. The statutes often also have provision for records access by members. A number of Floridians post regularly here and I imagine will chime in soon.

Augie

DouglasK1 (Florida)
Posts: 2,046

Posted:

As mentioned above, the FOIA doesn't apply to associations. The relevant Florida law for HOAs is Florida Statute 720, for condos it's 718.

Here is an excerpt from 720 about access to records(the entire statute is at: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html)

(5) INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association...

This goes on for several paragraphs, read the statute a the link above to see more detail. There are exceptions:

Notwithstanding this paragraph, the following records are not accessible to members or parcel owners:
1. Any record protected by the lawyer-client privilege as described in s. 90.502 ...
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, ...
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, ...
6. Any electronic security measure that is used by the association to safeguard data, including passwords.
7. The software and operating system used by the association which allows the manipulation of data

Again, see the statute for the full text. If the association is claiming that records other than the categories above are "board only", then they are wrong. What records do you want to see that the board is not sharing?

Escaped former treasurer and director of a self managed association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JavierA2 on 07/13/2017 11:09 AM
Hello:

I live in Florida and I want to know if as an owner can request records under the freedom of information act that under the HOA are only available to board members.

I am aware that recently has been many changes to the way that HOA rules/laws work and want to find out the updated information on this.

Thanks!

Welcome to the Forum:

Are you Condo or Single Family Homes?

If you are Condo here is your State Statutes: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html

If you are Single Family Homes the State Statute: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html

These along with your governing documents will tell you what documents the Association must provide or make available to homeowners. Keep in mind in some instances the HOA can charge for past documents (unless proper past documents were not previously provided as required by law to owners).

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