No Records

Is this a condominium, subject to FS 718? Or a HOA subject to FS 720?

What you think doesn't matter, Florida law specifies what a homeowner can see.


I am not sure that FS 718 or FS 720 allow you to request request records. They do allow you to inspect and copy them. For example, here is an excerpt of FS 720:

(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, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages. An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records. The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.


There is more to it that you should read, and there are some exceptions but nothing that would limit seeing bank records as far as I can tell. Send a certified letter saying you want to inspect the records pursuant to FS 720.303 (for a Condo under FS 718 substitute the relevant number) and that if they don't comply within the statutory allowed timeframe you will seek damages as specified by Florida law. Unfortunately if they don't comply, you would probably need to sue to enforce and collect. In theory the DBPR (Department of business and professional regulation) has some authority to help, but I have not seen many threads here that suggest they actually do. You could always try contacting them to see what they say.

Did you ask to review all bank statements and all financials (2 different things) throughout the history of your HOA? Or for all 7 years as in Douglas' citation?