Official Records

A condominium association must maintain all significant records regarding its formation and operation.

Official Records Defined

Association management includes maintenance and preserving of the association's official records. Per Florida statute 718.111(12)(a), "from the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association":

  1. A copy of the plans, permits, warranties, and other items provided by the developer pursuant to s. 718.301(4).
  1. A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
  1. A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
  1. A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
  1. A copy of the current rules of the association.
  1. A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners.
  1. A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The e-mail addresses and facsimile numbers are only accessible to unit owners if consent to receive notice by electronic transmission is provided, or if the unit owner has expressly indicated that such personal information can be shared with other unit owners and the unit owner has not provided the association with a request to opt out of such dissemination with other unit owners. An association must ensure that the e-mail addresses and facsimile numbers are only used for the business operation of the association and may not be sold or shared with outside third parties. If such personal information is included in documents that are released to third parties, other than unit owners, the association must redact such personal information before the document is disseminated. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices unless such disclosure was made with a knowing or intentional disregard of the protected nature of such information.
  1. All current insurance policies of the association and condominiums operated by the association.
  1. A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.
  1. Bills of sale or transfer for all property owned by the association.
  1. Accounting records for the association and separate accounting records for each condominium that the association operates. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The accounting records must include, but are not limited to:
    1. Accurate, itemized, and detailed records of all receipts and expenditures.
    2. All invoices, transaction receipts, or deposit slips that substantiate any receipt or expenditure of funds by the association.
    3. A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due.
    4. All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports of the association or condominium. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed.
    5. All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid.
  1. Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
  1. All rental records if the association is acting as agent for the rental of condominium units.
  1. A copy of the current question and answer sheet as described in s. 718.504.
  1. A copy of the inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property. Such record must be maintained by the association for 15 years after receipt of the report.
  1. Bids for materials, equipment, or services.
  1. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).
  1. A copy of all building permits.
  1. A copy of all satisfactorily completed board member educational certificates.
  1. All other written records of the association not specifically included in the foregoing which are related to the operation of the association.

Non Assessable Records

The following records are not accessible to unit 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 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.
  1. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.
  1. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this sub-subparagraph, the term “personnel records” does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.
  1. Medical records of unit owners.
  1. Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements. Notwithstanding the restrictions in this sub-subparagraph, an association may print and distribute to unit owners a directory containing the name, unit address, and all telephone numbers of each unit owner. However, an owner may exclude his or her telephone numbers from the directory by requesting in writing to the association. An owner may consent in writing to the disclosure of other contact information described in this sub-subparagraph. The association is not liable for the inadvertent disclosure of information that is protected under this sub-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.
  1. Electronic security measures that are used by the association to safeguard data, including passwords.
  1. The software and operating system used by the association which 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.
  1. All affirmative acknowledgments made pursuant to s. 718.121(4)(c).

The association shall ensure that the information and records described above which are not allowed to be accessible to unit owners, are not posted on the association’s website or application. If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association’s website or application, the association shall ensure the information is redacted before posting the documents. Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted under this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

Official Records Retention Period

The Association’s official records must be maintained for the following time periods:

  1. Permanently Maintained – The official records specified in subparagraphs 1-6 above. This includes a copy of the plans, permits, warranties, and other items provided by the developer; governing documents (declaration, bylaws, articles of incorporation, and rules); and the minutes of all meetings of the association.
  1. At Least One Year – Bids for work to be performed or for materials, equipment, or services.
  1. At Least 7 Years – All other official records including milestone inspection reports, reserve study results, official records request checklists, invoices, transaction receipts, deposit slips, building permits and board member educational certificates.

If the official records are lost, destroyed, or otherwise unavailable, the obligation to maintain the official records includes a good faith obligation to obtain and recover those records as is reasonably possible.

Official Records Inspection Requests

Right to Inspect Official Records:

The official records must be organized in a manner that facilitates their inspection by a unit owner. The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question-and-answer sheet as described in s. 718.504 and year-end financial information required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers and may charge its actual costs for preparing and furnishing these documents to those requesting the documents.

The records of the association must be made available to a unit owner for inspection or copying on the Association’s property, within 45 miles of the condominium property, or within its county within 10 working days after receipt of a written owner request to the board or its designee. This may be complied with by:

  1. Having a copy of the official records of the association available for inspection or copying on the association property,
  1. Making the records available to a unit owner electronically via the Internet, or
  1. By allowing the records to be viewed in electronic format on a computer screen and printed upon request.

The association is not responsible for the use or misuse of the information provided to an association member or his or her authorized representative in compliance with this chapter unless the association has an affirmative duty not to disclose such information under this chapter.

Availability of Official Records: Official association records are available to:

  • Owners: The official records of the association are open to inspection by any association member and any person authorized by an association member as a representative of such member at all reasonable times. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying but may not require a member to demonstrate any purpose or state any reason for the inspection.
  • Renters: A renter of a condominium unit has a right to inspect and copy only the declaration of condominium, the association’s bylaws and rules, and the milestone inspection reports described in ss. 553.899 and 718.301(4)(p).
  • Prospective purchasers: Prospective purchasers of condominium units shall receive a copy of the governing documents, the question-and-answer sheet, year-end financial information, and an applicable milestone inspection report. The Association may charge its actual costs for preparing and furnishing these documents.

If the requested records are posted on an association’s website or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access. 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 member or his or her authorized representative for the use of a portable device.

Checklist of Records Provided: In response to a written request to inspect records, the association must simultaneously provide the requestor a checklist of all records made available for inspection and copying. The checklist must also identify any of the association’s official records that were not made available to the requestor. An association must maintain a checklist provided under this sub-subparagraph for 7 years. An association delivering a checklist pursuant to this sub-subparagraph creates a rebuttable presumption that the association has complied with this paragraph.

Records Provided to Purchaser or Lienholder: The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the condominium or the association other than information or documents required by this chapter to be made available or disclosed. The association or its authorized agent may charge a reasonable fee to the prospective purchaser, lienholder, or the current unit owner for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney’s fees incurred by the association in connection with the response.

An association and its authorized agent are not liable for providing such information in good faith pursuant to a written request if the person providing the information includes a written statement in substantially the following form: “The responses herein are made in good faith and to the best of my ability as to their accuracy.”

Relinquishing Official Records: An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election. The division shall impose a civil penalty as set forth in s. 718.501(1)(d)6. against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property.

Official Records Inspection Compliance

Failure to Comply: The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply. Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request. The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.

Records Inspection Violations: A director or member of the board or association or a community association manager who knowingly, willfully and intentionally commits the following acts must be removed from office and a vacancy declared:

  1. Repeatedly (two or more times within a 12-month period) violates the records-inspection paragraph above. This is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083
  1. Defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members. This is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 and subject to a civil penalty pursuant to s. 718.501(1)(d).
  1. Refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial, or punishment for the commission of a crime, or to assist another person with such avoidance or escape. This is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Question & Answer Sheet Requirements

The association shall prepare a question-and-answer sheet as described in s. 718.504 and shall update it annually. The Q&A sheet shall contain the following information:

  1. Role of the board in conducting the day-to-day affairs of the association on behalf of, and in the best interests of, the owners.
  2. Board’s responsibility to provide advance notice of board and membership meetings.
  3. Rights of owners to attend and speak at board and membership meetings.
  4. Responsibility of the board and of owners with respect to maintenance of the condominium property.
  5. Responsibility of the board and owners to abide by the condominium documents,
    rules adopted by the division, and reasonable rules adopted by the board.
  6. Owners’ rights to inspect and copy association records and the limitations on such rights.
  7. Remedies available to owners with respect to actions by the board which may be abusive or beyond the board’s power and authority.
  8. Right of the board to hire a property management firm, subject to its own primary responsibility for such management.
  9. Responsibility of owners with regard to payment of regular or special assessments necessary for the operation of the property and the potential consequences of failure to pay such assessments.
  10. Voting rights of owners.
  11. Rights and obligations of the board in enforcement of rules in the condominium documents and rules adopted by the board.