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RECORD REQUESTS -- MADE LESS EXPENSIVE?
By
Jan Bergemann
Published
August 9, 2013
Record
requests have always been a hot topic – especially looking at
sometimes outrageous amounts associations and/or managers wanted
to charge for the inspection, not even starting to talk about
copying cost.
We
have seen some outrageous examples in the past – bills for
record inspections that were clearly aimed at discouraging the
owners from inspecting the records.
HOW
ABOUT $934/HOUR FOR RECORD INSPECTION?
EXPENSIVE
REQUEST TO INSPECT RECORDS
CHARGING
OUTRAGEOUS COST FOR RECORD REQUESTS
These
record request stories could be considered funny – if it
wouldn’t be so sad.
But
these kinds of stories helped us to convince the
Florida
legislators that changes are desperately needed – and we
succeeded!
This year the Florida Legislature passed bills H7119
and H
73 – adding revised record request provisions to
Florida Statutes FS 718 (Condo), FS 719
(Co-Op) and FS 720
(HOA).
This
is the new wording in these statutes:
INSPECTION AND COPYING OF RECORDS.-- The official records shall be
maintained within the state for at least 7 years and shall 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. 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. The 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 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 such use of a portable device.
One
would guess that these new provisions added on July 1, 2013
would stop such abusive demands for cost. You guessed wrong! I
think the fact that some attorneys preach to board members and
CAMs that nothing will happen to them if they ignore the
statutes encourages some of these folks to plainly ignore these
laws – or inventing ways to brazenly circumvent these pretty
straight forward written laws.
Believe
it or not: I already know about two cases where CAMs responded
to owners that they have to charge them for inspecting the
records since all records are only available in digital version
and have to be printed out in order to have these owners inspect
the records. And they want to charge the owners for making hard
copies to make record inspection possible!
This is not Ripley's Believe It or Not -- this is community association life
in Flori-duh!
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