Kaye Bender Rembaum
9121 N Military Trail #200,
Palm Beach Gardens, FL 33410
E-mail:
[email protected] April 22nd, 2016
The Right of Inspection of the Official Records of the Association
Members of a Florida community association have a statutory right to access their community associationâs âofficial recordsâ, subject to limited exceptions, including for example, records protected by the attorney-client privilege and records containing a memberâs medical information. Both Chapter 718 and Chapter 720 of the Florida Statutes, regarding condominium associations and homeownersâ associations, respectively, provide that association members have the right to inspect the official records of the association, which includes the right to make or obtain copies, often at the memberâs expense. The failure to timely respond to such a request can lead to statutory damages.
In the event a community association fails to timely make its official records available to a requesting member within 10 days of the request, a rebuttable presumption of the associationâs willful failure to comply with an official records request is created which can subject the association to a claim for damages, too. That said, many times the same mistake is made when seeking to obtain copies of desired official records â the member requests the association send them copies of the desired official records rather than requesting an inspection of the official records.