Monday, April 7, 2008

Access to Official Records

Access to Official Records is governed by formal rules described in Florida Statutes Chap 718.111(12)(b) and (c). However, it is hoped that strict adherence to these rules would not be necessary and that a spirit of cooperation would generally prevail.
The formal rules are:
-the records of the association shall be made available to a unit owner within 5 working days after receipt of a written request by the board or its designee
-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 shall create 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 with this paragraph
-the minimum damages shall be $50 per calendard 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 for inspection.

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