Have Questions about your HOA Finances? Make a Records Request

Are you wondering where your HOA dues go? How much is paid every month, and to whom? Well, you have the right to know this and so much more.

Many homeowners never make records request to their boards, as some simply don’t know and others do not want to deal with Board of directors questioning them as to why they are asking. (Note: an HOA has NO right to ask you why you you want to inspect the official records .)

Access to official records is governed by FS Chapter 720.303(4) + 5. Legally, owners must have easy access to all documents unless they are protected, such as the following below:

The following records are not accessible to members or parcel owners:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including, but not limited to, a record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Personnel records of the association’s employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association employee or budgetary or financial records that indicate the compensation paid to an association employee.
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address. However, an owner may consent in writing to the disclosure of protected information described in this subparagraph. The association is not liable for the disclosure of information that is protected under this subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.
6. Any electronic security measure that is used by the association to safeguard data, including passwords.
7. The software and operating system used by the association allow the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.

The following records ARE accessible to members or parcel owners:

OFFICIAL RECORDS- Every owner has the right to inspect and obtain copies of all documents — 10 business days after a written request has been made to the board. Note: You must send your request in by certified mail with a delivery receipt.

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) Copies 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) A copy of the bylaws of the association and of each amendment to the bylaws.
(c) A copy of the articles of incorporation of the association and of each amendment thereto.
(d) A copy of the declaration of covenants and a copy of each amendment thereto.
(e) A copy of the current rules of the homeowners’ association.
(f) The minutes of all meetings of the board of directors and of the members, which minutes must be retained for at least 7 years.
(g) A current roster of all members and their designated mailing addresses and parcel identifications. A member’s designated mailing address is the member’s property address, unless the member has sent written notice to the association requesting that a different mailing address be used for all required notices. The association shall also maintain the e-mail addresses and the facsimile numbers designated by members for receiving notice sent by electronic transmission of those members consenting to receive notice by electronic transmission. A member’s e-mail address is the e-mail address the member provided when consenting in writing to receiving notice by electronic transmission, unless the member has sent written notice to the association requesting that a different e-mail address be used for all required notices. The e-mail addresses and facsimile numbers provided by members to receive notice by electronic transmission must be removed from association records when the member revokes consent to receive notice by electronic transmission. However, the association is not liable for an erroneous disclosure of the e-mail address or the facsimile number for receiving electronic transmission of notices.
(h) All of the association’s insurance policies or a copy thereof, which policies must be retained for at least 7 years.
(i) A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. Bids received by the association for work to be performed must also be considered official records and must be kept for a period of 1 year.
(j) The financial and accounting records of the association, kept according to good accounting practices. All financial and accounting records must be maintained for a period of at least 7 years. The financial and accounting records must include:
1. Accurate, itemized, and detailed records of all receipts and expenditures.
2. A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.
3. All tax returns, financial statements, and financial reports of the association.
4. Any other records that identify, measure, record, or communicate financial information.
(k) A copy of the disclosure summary described in s. 720.401(1).
(l) Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners, which must be maintained for at least 1 year after the date of the election, vote, or meeting.
(m) All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3.
(n) All other written records of the association not specifically included in this subsection that are related to the operation of the association.(Example: Proof of board members education requirement)

EXAMPLE OF A RECORDS REQUEST
To: Board of Directors- Your Community Name
As a parcel owner and member of the homeowners association and pursuant to §720.303(4 &5), Florida Statutes, the undersigned hereby requests to inspect and copy the following official records of the Association.
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2.
3.
This written request is made pursuant to §720.303(4 & 5), Florida Statutes, and has been sent via certified mail. Florida law requires that “The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access.” Further, “The failure of an association to provide the records within 10 working days after receipt of a written request shall create a rebuttable presumption that the association willfully failed to comply.”

Please provide the undersigned with an appointment to review the records requested above. I will call you for the appointment time in the next 10 days. Thank you.

Signature
Your Name
Address
Tel:
Date: