Post by Admin on Feb 28, 2014 14:22:34 GMT -5
(5) INSPECTION AND COPYING OF RECORDS.—
The official records sH all be maintained within the state for at least 7 years and sH all be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
Editors Note: This provision is like a 3-Ring Circus in the Legislature because it changes with nearly every session. The Number One complaint by homeowners' is that Associations won't let them access records and Associations are always coming up with a new way to make it difficult or expensive to see records. The new language on electronic copying of inspected records benefits everyone who is operating in good faith; it helps reduce time and cost to the Association and it helps the homeowner see records quickly and either "satisfy" the question or copy the record on their own device for later viewing/sharing.
If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.
Editor's Note: But if you're a bit retro, you get 30 minutes and 25 copies free! If you're generous, buy yourself an Hour for $20 and excess copies at 25 cents each!
An association sH all 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.
Editor's Note: You can authorize someone else to do your Records Inspection/copying in case you have been banned from the office.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
Editor's Note: Florida S mall Claims Court will hear these complaints and make court cost and penalty awards, per statute ($500). Even though the Statute is written requiring certified snail-mail, hand-delivery with receipt is acceptable unless you get a hard-a** judge--(an attorney told me that!).
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
Editors' Note: Dang! That's $500 bucks!
(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. The association sH all maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members.
Editor's note: You don't have to explain anything or state a reason for wanting to see a record. The workaround for a more comprehensive records request is to do it in pieces that could not take more than 30 minutes to retrieve (by any stretch of the imagination!). ALL SLohA records are scanned, digitized and retrievable at the push of a button if you are specific with your request. The more specific, the less time to retrieve a record. You are entitled to 16 "segments" of 30-minute records requests-per month. It is best to take a scanner, tablet or digicam to a records inspection and do your own copying but you can still get 25 for free. It is too bad that owners have to think like this...
Notwithstanding this paragraph, 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 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 or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver 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. 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 (2014). 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.
Editor's Note: The change provided that a parcel owner may consent, in writing, to the disclosure of other “protected” information, such as e-mail addresses.
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 which allows 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 or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the residential subdivision 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 or lienholder or the current parcel owner or member 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 fees incurred by the association in connection with the response.
Editor's Note: HOA doesn't have to give your Buyer SQUAT. But, it does have to give YOU records; here is an attorney's advice to save getting ripped off with more Management Company fees (up to $150!):
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.
The official records sH all be maintained within the state for at least 7 years and sH all be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
Editors Note: This provision is like a 3-Ring Circus in the Legislature because it changes with nearly every session. The Number One complaint by homeowners' is that Associations won't let them access records and Associations are always coming up with a new way to make it difficult or expensive to see records. The new language on electronic copying of inspected records benefits everyone who is operating in good faith; it helps reduce time and cost to the Association and it helps the homeowner see records quickly and either "satisfy" the question or copy the record on their own device for later viewing/sharing.
If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.
Editor's Note: But if you're a bit retro, you get 30 minutes and 25 copies free! If you're generous, buy yourself an Hour for $20 and excess copies at 25 cents each!
An association sH all 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.
Editor's Note: You can authorize someone else to do your Records Inspection/copying in case you have been banned from the office.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.
Editor's Note: Florida S mall Claims Court will hear these complaints and make court cost and penalty awards, per statute ($500). Even though the Statute is written requiring certified snail-mail, hand-delivery with receipt is acceptable unless you get a hard-a** judge--(an attorney told me that!).
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
Editors' Note: Dang! That's $500 bucks!
(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and the costs required for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds one-half hour and if the personnel costs do not exceed $20 per hour. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. The association may charge up to 25 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. The association sH all maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members.
Editor's note: You don't have to explain anything or state a reason for wanting to see a record. The workaround for a more comprehensive records request is to do it in pieces that could not take more than 30 minutes to retrieve (by any stretch of the imagination!). ALL SLohA records are scanned, digitized and retrievable at the push of a button if you are specific with your request. The more specific, the less time to retrieve a record. You are entitled to 16 "segments" of 30-minute records requests-per month. It is best to take a scanner, tablet or digicam to a records inspection and do your own copying but you can still get 25 for free. It is too bad that owners have to think like this...
Notwithstanding this paragraph, 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 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 or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee.
4. Medical records of parcel owners or community residents.
5. Social security numbers, driver 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. 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 (2014). 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.
Editor's Note: The change provided that a parcel owner may consent, in writing, to the disclosure of other “protected” information, such as e-mail addresses.
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 which allows 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 or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the residential subdivision 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 or lienholder or the current parcel owner or member 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 fees incurred by the association in connection with the response.
Editor's Note: HOA doesn't have to give your Buyer SQUAT. But, it does have to give YOU records; here is an attorney's advice to save getting ripped off with more Management Company fees (up to $150!):
Owners, however, can request information to pass onto potential buyers. "By statute, owners or members have the right to demand access to certain portions of the association's records," says Silverman. "If buyers want to see those records, they can make it a condition of the purchase that the owner get that information for the buyer. "
Disclaimer: I am not an attorney and the interpretations above are my opinion and offered for informational purposes only. These interpretations should not be relied upon if you are contemplating legal action. Consult an attorney for legal advice.