An association's official records must be open for
inspection by each association member or the association member's authorized representative
at all reasonable times. The records must be made available within five working
days after the board or its designee receives a written request. An association
may comply with this
requirement by maintaining a copy of the official records on
the condominium association property and asking them available for inspection or
copying.
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 nonbinding arbitration.
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