The records-inspection statute grants members broad access to association records, but F.S. 720.303(5)(b) carves out a specific restriction: member contact information obtained through the records inspection cannot be used for commercial solicitation. The rule is narrow in what it covers, broad in what it bars, and frequently ignored by vendors who do not read past the "what records are accessible" paragraph.

What the statute says

F.S. 720.303(5)(b):

A parcel owner or parcel owner's authorized representative who obtains personal information of parcel owners from the association records may not use the information for any purpose other than such parcel owner's exercise of the rights afforded to him or her under this chapter.

And:

The association may adopt reasonable rules and regulations to prevent the improper use of personal information by parcel owners.

"What counts as personal information under the rule?"

Three categories the statute treats as protected:

1. Names + addresses + phone numbers + email addresses obtained from the member roster.
2. Payment history + account balances obtained from the ledger.
3. Identification of voting history obtained from meeting minutes or election records.

Three categories NOT covered (already public):

1. Names + addresses obtained from the county property appraiser (separate public records path; not "obtained from the association").
2. Publicly advertised names (HOA board officers posted on the HOA website for instance).
3. Aggregate statistics (count of parcels in each tier, total units in foreclosure) that do not identify individuals.

"Who exactly is bound by the rule?"

The statute's language is "a parcel owner or parcel owner's authorized representative." Three practical interpretations:

1. A member who obtained the roster through inspection is directly bound.
2. Any agent they share the roster with is derivatively bound. A member cannot avoid the rule by handing the roster to a third party.
3. Third-party vendors who contract with a member (e.g., a political campaign, a solar installer) inherit the restriction if the roster is the sourcing path.

The statute does NOT cover:

1. The association itself. The board uses the roster for association purposes; that's the purpose it was created for.
2. Management companies acting as the association's agent. A CAM sending an assessment invoice is not soliciting.
3. Vendors whose data source is independent of the records request. A solar installer who reaches an owner through a door-knock or Google ad has not used the association records.

"What counts as 'commercial solicitation'?"

Three clearly-inside-the-rule uses:

1. Sending marketing mail or email to members for any non-association commercial purpose.
2. Reselling the roster to a third-party marketer.
3. Using the roster to build a lead list for a personal business venture.

Three borderline uses (fact-specific):

1. Political campaign material. Covered when the campaign is fundraising or soliciting donations; arguably not covered for pure voter-education.
2. Community-newsletter-style content from a member. If the newsletter is free + non-commercial, arguably outside the rule.
3. HOA-event invitations from a member. If the event is for HOA community-building and no commercial gain attaches, usually outside the rule.

"What's the enforcement + penalty mechanism?"

F.S. 720.303(5)(b) does not specify damages. Remedies come from adjacent statutes:

1. F.S. 501.204 + 501.211. Florida Deceptive and Unfair Trade Practices Act. Commercial solicitation using impermissibly-obtained data can trigger a DUTPA claim.
2. Common-law breach of confidence. A member who signed an inspection agreement agreeing to comply with the statute can be sued for breach.
3. F.S. 720.305(1) fee-shift. Applies to enforcement actions brought by the association against the offending member.

A motivated association has teeth. A motivated member can recover too.

"How does a CAM team protect the board?"

Three-step workflow for every records inspection:

1. Require a written inspection request + signed acknowledgment. The acknowledgment specifically references F.S. 720.303(5)(b) and the member agrees to use the data only for statute-authorized purposes. Template should land before the data handoff.
2. Log the inspection date + member + scope. Paper trail for any later solicitation-based dispute.
3. Audit member-facing communications. If an unknown marketing-style newsletter or mailing starts circulating the community, trace the data source. If it came from an inspection, the board has grounds to act.

Why this post exists

HOAStream surfaces F.S. 720.303(5)(b) alongside the community's inspection policy + logged inspection history in under 500 milliseconds, so the CAM team can produce a signed inspection agreement at every request. Nothing in this post or in the product is legal advice. For a specific solicitation dispute, a retained Florida HOA attorney is the right call.

HOAStream's own outreach sources CAM contact data ONLY from public B2B sources (FL DBPR CAM directory, management-company websites, LinkedIn). The F.S. 720.303(5)(b) line is a hard restriction that we stay on the safe side of by construction.

If you want the full records-inspection statute stack alongside your community's declaration, sign up at /cam or /board.