Pavilion from the Ocean

Pavilion from the Ocean

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Does an owner have the right to access records of the association?

OFFICIAL RECORDS

Section 718.111(12) of the Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B- 23.002(5) and 61B-23.0021(13) of the Florida Administrative Code provide guidelines for the maintenance and inspection of the association's official records. Florida law requires that condominiums maintain the official records of the association within the state for at least 7 years. The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located. However, such distance requirement does not apply to an association governing a timeshare condominium. Please refer to the back of this information sheet for a list of records the condominium associations must maintain.

DENIAL OF ACCESS 

An association must make its books and records available to a unit owner or the unit owner's designated representative within five working days of the owner’s written request. If an association fails to provide requested records within ten working days after receipt of a written request, the association is presumed to have willfully failed to comply with the law. The association's noncompliance entitles the unit owner to seek actual or minimum damages. Section 718.111(12)(c), Florida Statutes provides for minimum damages of $50 per calendar day, for up to ten days, beginning on the 11th working day after receipt of the written request. Such damages must be awarded by a court of law. A unit owner who prevails in court may also recover reasonable attorney's fees from the person in control of the records who knowingly denied access. The failure of the board to allow inspection of books and records constitutes a dispute for which a unit owner may either file a complaint with the Division or petition the Division for mandatory

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