Records requests are one of the most common interactions between unit owners and condo boards. They are also one of the most common sources of disputes. The statute gives both sides clear rules, but most boards learn them only after a request arrives.
The 10-business-day rule
Under F.S. 718.111(12), the association must make official records available for inspection within 10 business days after receiving a written request from a unit owner.
The clock starts when the association receives the request, not when it is read or acknowledged. A request sent by certified mail is received when delivered, regardless of whether someone opens it.
What counts as official records
The statute lists the categories of records the association must maintain:
- Declaration of condominium, articles of incorporation, bylaws, and current rules
- Minutes of all meetings of the board and the association
- A current roster of all unit owners and their mailing addresses
- All current insurance policies
- Contracts to which the association is a party
- Financial records, including annual budgets, financial reports, and bank statements
- The SIRS, if one has been completed
- All other written records relating to the operation of the association
What the association can charge
The association may NOT charge a fee for unit owners to inspect the records. The association may charge a reasonable fee for copies, not to exceed the actual cost of copying.
What happens if the association is late
If the association fails to provide records within 10 business days, there is a rebuttable presumption that the association willfully failed to comply. The unit owner may be entitled to:
- Actual damages, or
- Minimum damages of $50 per calendar day for up to 10 days, beginning on the 11th business day after receipt of the request
The unit owner who prevails in an enforcement action is entitled to recover reasonable attorney fees from the person who denied access.
Records that are NOT accessible
Certain records are exempt from unit owner inspection:
- Records protected by attorney-client privilege
- Information obtained in connection with approving a lease, sale, or transfer
- Personnel records of association employees
- Medical records of unit owners
- Social security numbers, driver license numbers, and other personal identifying information (except name, unit designation, and mailing address)
Have a policy before the first request arrives
The board should have a written records-request policy that names who handles requests, where records are stored, and how copies are provided. The 10-day clock is statutory. The board cannot extend it by policy.
The board should have a written records-request policy that names who handles requests, where records are stored, and how copies are provided. The 10-day clock is statutory. The board cannot extend it by policy.
This is a factual summary of the statute. Consult your association attorney for application to your specific governing documents and circumstances.