(12) OFFICIAL
RECORDS.—
(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).
2. A photocopy of the recorded
declaration of condominium of each condominium operated by the association and
each amendment to each declaration.
3. A photocopy of the recorded
bylaws of the association and each amendment to the bylaws.
4. A certified copy of the
articles of incorporation of the association, or other documents creating the
association, and each amendment thereto.
5. A copy of the current rules
of the association.
6. A book or books that
contain the minutes of all meetings of the association, the board of
administration, and the unit owners, which minutes must be retained for at
least 7 years.
7. 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 electronic mailing addresses and facsimile numbers of unit owners
consenting to receive notice by electronic transmission. The electronic mailing
addresses and facsimile numbers are not accessible to unit owners if consent to
receive notice by electronic transmission is not provided in accordance with
subparagraph (c)5. However, the association is not liable for an inadvertent
disclosure of the electronic mail address or facsimile number for receiving
electronic transmission of notices.
8. All current insurance
policies of the association and condominiums operated by the association.
9. 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.
10. Bills of sale or transfer
for all property owned by the association.
11. Accounting records for the
association and separate accounting records for each condominium that the
association operates. All accounting records must be maintained for at least 7
years. 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:
a. Accurate, itemized, and
detailed records of all receipts and expenditures.
b. 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.
c. All audits, reviews,
accounting statements, and financial reports of the association or condominium.
d. 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.
12. Ballots, sign-in sheets,
voting proxies, and all other papers 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).
13. All rental records if the
association is acting as agent for the rental of condominium units.
15. All other written records
of the association not specifically included in the foregoing which are related
to the operation of the association.
(b) The official records of the
association must be maintained 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 within 5 working days after receipt of a written request by
the board or its designee. However, such distance requirement does not apply to
an association governing a timeshare condominium. This paragraph may be
complied with by having a copy of the official records of the association
available for inspection or copying on the condominium property or association
property, or the association may offer the option of making the records
available to a unit owner electronically via the Internet or 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
pursuant to the compliance requirements of this chapter unless the association
has an affirmative duty not to disclose such information pursuant to this
chapter.
(c) The official records of the
association are open to inspection by any association member or the authorized
representative of such member at all reasonable times. The right to inspect the
records includes the right to make or obtain copies, at the reasonable expense,
if any, of the member. The association may adopt reasonable rules regarding the
frequency, time, location, notice, and manner of record inspections and
copying. 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. Any person who knowingly
or intentionally 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 who knowingly or intentionally 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, is
personally subject to a civil penalty pursuant to s. 718.501(1)(d). 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. 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. Notwithstanding
this paragraph, 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.
2. Information obtained by an
association in connection with the approval of the lease, sale, or other
transfer of a unit.
3. Personnel records of
association or management company 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 management company, or budgetary or
financial records that indicate the compensation paid to an association
employee.
4. Medical records of unit
owners.
5. 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 subparagraph, an association may print and distribute to parcel owners
a directory containing the name, parcel address, and all telephone numbers of
each parcel owner. However, an owner may exclude his or her telephone numbers
from the directory by so requesting in writing to the association. An owner may
consent in writing to the disclosure of other contact information described in
this subparagraph. The association is not liable for the inadvertent 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. Electronic security
measures that are used by the association to safeguard data, including passwords.
7. 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.
(d) The association shall
prepare a question and answer sheet as described in s. 718.504, and shall update it annually.
(e)1. 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.
2. 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.”
(f) 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.
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