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Posted By SheliaH on 11/05/2020 8:15 AM
As Geno said earlier, AsaY and perhaps everyone else on that board really need to start reading the statute along with the community documents to figure out what the association board can and canât do. If the topic isnât addressed in either place, I always say use your common sense and determine whatâs reasonable.
I looked up FS 720 (usually I leave this type of thing to AugustineD!) and came across the following â please note section (g):
(4)âOFFICIAL RECORDS.âThe association shall maintain each of the following items, when applicable, which constitute the official records of the association:
(a)âCopies of any plans, specifications, permits, and warranties related to improvements constructed on the common areas or other property that the association is obligated to maintain, repair, or replace.
(b)âA copy of the bylaws of the association and of each amendment to the bylaws.
(c)âA copy of the articles of incorporation of the association and of each amendment thereto.
(d)âA copy of the declaration of covenants and a copy of each amendment thereto.
(e)âA copy of the current rules of the homeownersâ association.
(f)âThe minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g)âA current roster of all members and their mailing addresses and parcel identifications. The association shall also maintain the electronic mailing addresses and the numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. The electronic mailing addresses and numbers provided by unit owners to receive notice by electronic transmission shall be removed from association records when consent to receive notice by electronic transmission is revoked. However, the association is not liable for an erroneous disclosure of the electronic mail address or the number for receiving electronic transmission of notices.
Put another way â the homeowner can get a list, but if the homeowner has asked that his/her email be removed when owner lists are requested, thatâs what the association should do.
-- You quoted the "official records" section of the statute, FS 720.303 (4). But if one keeps reading, one will see that the subsequent section is FS 720.303 (5) and is titled "Inspection and Copying of Records." Asafy quoted the part of this "Inspection" yada section above. The "Inspection" section is clear that certain records are not available for an Owner's inspection. Per GenoS's and AsafY's posts and the latter statute section titled "inspection," certain records are not accessible to members or parcel owners.
-- Regarding "proper purpose," FS 720 (emphatically IMO) states that HOAs may not require "any proper purpose" be shown for a records inspection. From the statute: "The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel ownerâs right to inspect records to less than one 8-hour business day per month."
-- I agree with TimB4 that MelissaB4's proposal for HOAs to deny Owners official HOA records, which the Owners are lawfully entitled to inspect, of course violates statutes and often covenants.
-- I think records inspections are the main area where Boards like to unlawfully take away Owners' lawful rights. I have seen Board majorities deny even directors (not in any legal dispute, and with no conflict of interests whatsoever) access to records that they absolutely needed to make informed decisions when the directors voted at board meetings. This practice is the sign of a Board majority that really does not understand the purpose of a HOA; what it means for the HOA to be a corporation owned by Owners/Members/Shareholders; and much more. It's the sign of a Board majority that is clueless about the law and mistakenly thinks "We are the Board majority. We can do any darn thing we want."