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THE
WAR OVER RECORD REQUESTS –
IT
WILL NEVER END!
By
Jan Bergemann
Published
July 20, 2012
Everybody
who ever dealt with community associations knows about the wars
over record requests. It seems there is a conflict of interest:
Owners want to know what’s going on in their community, while
many board members and managers try to hide these so-called
“public records.”
Over
the years the community statutes [FS 718.111(12) + FS 720.303(4)
+ (5)] have undergone many changes in the “record request”
provisions, but all the amendments and changes have created
nothing but more confusion. Emotions run high – especially
from owners who have been refused permission to inspect records
after making the official requests. From “they have something
to hide” to “crooks” – you hear it all from these owners
who rightfully feel that their rights have been violated.
Let’s
be honest, boards and/or managers obviously have something to
hide if they risk getting sued in court or investigated by the
Bureau of Compliance after failing to supply the requested
records.
But
the biggest bones of contention are the charges some boards
and/or managers are trying to levy. These folks seem to forget
that these owners already “own” stock in the corporation.
They just request records – they don’t try to buy more
shares when requesting records.
The wording in the statutes seems pretty clear. But, as we all
know, dollar signs can seriously obstruct the vision of some
people.
There
is no doubt about the fact that the statutes clearly state that
the inspection of records is free of charge for owners – and
board members. Some associations require board members, who are
on the persona non grata
list of the board president, to make official record requests
and charge them for hard copies.
Here
is the exact wording of FS 720.303(5)(c) that explains what
charges can be levied under what circumstances: “The
association may charge up to 50 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
vendor or association management company personnel and may
charge the actual cost of copying, including any reasonable
costs involving personnel fees and charges at an hourly rate
for vendor or employee time to cover administrative costs to the
vendor or association.”
That
language is clear enough – but obviously not for some
so-called “professionals” who just can’t read or have won
their license at the county fair. Some others consider record
requests as a great source of income – helping to fund their
next cruise.
Over
time I have seen some outrageous “interpretations” of the
Florida Statutes – and it seems some managers tried to use
record request demands as a get-rich-quick scheme.
Here
are some examples – hope you can laugh about it:
HOW
ABOUT $934/HOUR FOR RECORD INSPECTION?
PUBLIC
RECORDS ARE NOT PUBLIC --IF COPYRIGHTED BY BOARD PRESIDENT
DBPR
DOESN'T LIKE EXPENSIVE RECORD INSPECTIONS IN PARKING LOTS
EXPENSIVE
REQUEST TO INSPECT RECORDS
This
is just a small selection of “explicit” record request wars.
Similar stories happen daily in
Florida
’s community associations. Will it ever end?
If
you request records, make sure you do it the right way –
following the statutes.
You
might ask: How to make an official record request? Here are some
suggestions:
Click here for HOAs.
Click
here for CONDOs.
Requesting
records the correct way may avoid another RECORD
REQUEST WAR? Board members and managers should consider
that they will be accused of “having something to hide” if
they fail to provide the requested records. Is it all worth it?
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