BIG CHANGES TO CONDO RECORD LAWS

By Eric Glazer, Esq.

Published May 6, 2024

 

There were even changes this year to the laws involving condominium records.

 

For example, Florida Statute 718.111(12) is being amended to state that the associationís accounting records must include, but are not limited to:

 

All invoices, transaction receipts, or deposit slips that substantiate any receipt or expenditure of funds by the association.

 

18. A copy of all building permits. 

19. A copy of all satisfactorily completed board member educational certificates.

 

If the association is still doing things the old fashioned way and making deposits by filling out a deposit slip and going inside to see the teller, that deposit receipt issued by that teller is now an official record of the association and unit owners are entitled to see it.

 

In addition, as I say when I teach the Board Certification class, that Certificate I give you at the conclusion of the class is an official record of the association.  Unit owners have the right to ask for a copy.

 

Asking to View the Official Records

 

A common complaint by unit owners over the years is that when they ask to see the records, they are eventually pointed to dozens of cardboard boxes or filing cabinets and told to search through them because the records they want are somewhere in there.  Sending an owner on a fishing expedition is no longer allowed.

 

The new law states that:

 

The official records must be maintained in an organized manner that facilitates inspection of the records by a unit owner. In the event that the official records are lost, destroyed, or otherwise unavailable, the obligation to maintain the official records includes a good faith obligation to obtain and recover those records as is reasonably possible.

 

The obligation to obtain and recover records is a major change to the law.  Unit owners cannot simply be told that a record is lost --- so that they now turn around and get lost.  If a unit owner has been told that a record is lost, the unit owner should routinely follow up and ask what efforts are being made to obtain and recover the records.

 

Why Itís Great Having a Website

 

Here is a fantastic new law involving records:

 

If the requested records are posted on an association's website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this  paragraph by directing to the website or the application all persons authorized to request access.

 

Awesome.  Itís now perfectly OK to say ďThe records are on the website --- go there if you want to see them.Ē   This will create less traffic in the office and less arguments between management and owners.  The important thing to remember is that this only works if the website is routinely updated with the associationís records.  This is so important.

 

There are still so many new laws that have passed that we have not blogged about yet.  Keep your eye out every Monday morning.  We promise to keep the information coming.

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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one-hour radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently, he moved the show to YouTube, transforming it into a more dynamic and interactive experience. This move not only allows viewers to engage in live chats with Eric and other participants but also enables a broader audience to access free advice, making valuable insights more widely available.

See: www.condocrazeandhoas.com.

   

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.



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