FS
718.111(12) OFFICIAL RECORDS.--
(a) From
the inception of the association, the association shall maintain
each of the following items, if applicable, which shall constitute
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 of each amendment to each declaration.
3. A photocopy of the
recorded bylaws of the association and of each amendment to the
bylaws.
4. A certified copy of
the articles of incorporation of the association, or other
documents creating the association, and of each amendment thereto.
5. A copy of the current
rules of the association.
6. A book or books which
contain the minutes of all meetings of the association, of the
board of administration, and of 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 the numbers designated by unit owners for receiving notice
sent by electronic transmission of those unit owners consenting to
receive notice by electronic transmission. The electronic mailing
addresses and telephone numbers must be removed from association
records if consent to receive notice by electronic transmission is
revoked. However, the association is not liable for an erroneous
disclosure of the electronic mail address or the 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 which the association operates. All accounting records
shall be maintained for at least a period of not less than 7
years. Any person who knowingly or intentionally defaces or
destroys accounting records required to be created and maintained
by this chapter during the period for which such records are
required to be maintained, or who knowingly or intentionally fails
to create or maintain such accounting records required to be
maintained by this chapter, 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 shall 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 upon 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 be
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.
14. A copy of the
current question and answer sheet as described in s. 718.504.
15. All other records of
the association not specifically included in the foregoing which
are related to the operation of the association.
16. A copy of the
inspection report as provided in s. 718.301(4)(p).
(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 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. The minimum damages shall be $50 per calendar
day up to 10 days, the calculation to begin on the 11th working
day after receipt of the written request. The failure to permit
inspection of the association records as provided herein entitles
any person prevailing in an enforcement action to recover
reasonable attorney's 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
provided for in s. 718.504 and year-end financial information
required in 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. Notwithstanding the
provisions of 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 any 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 imminent civil or criminal litigation or imminent adversarial
administrative proceedings until the conclusion of the litigation
or adversarial administrative 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 employees, including, but not
limited to, disciplinary, payroll, health, and insurance records.
4. Medical records of unit owners.
5. Social security numbers, driver’s license numbers, credit
card numbers, e-mail addresses, telephone numbers, emergency
contact information, any 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, and
property address.
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 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." |