Condominium unit owners are entitled by law to copies of their condominium association’s official records.
It should go without saying, that if you feel that your condominium building is unsafe in any manner, you should immediately contact your building department and its unsafe structures division. Immediately follow up with your Association and property manager. Your safety is foremost.
Official records do help with all issues of course, either to quiet and satisfy your concerns, or to help you take action.
1. Find your association’s contact info.
Search the internet to see if your association maintains a website. Some of the records you want may be available on the website. Search for association’s corporate listing (sunbiz.org). You will find the current board of directors’ names and addresses and their registered agent, who may be a property manager or attorney.
2. Read the law.
Read Fla. Stat. Section 718.111(12) (state.fl.us) (scroll down to paragraph (12)), for details on the types of records and the procedure.
Your association may also adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. Those will be found in the Declaration, Bylaws and Rules and Regulations.
3. Put your request in writing.
The law requires that your request be in writing. A letter sent by certified mail, return receipt requested, to each board member, the property manager and the registered agent is best.
Write a clear, specific, bullet point list of the official records you want to see. If you are concerned about the building structure, for example, documents that might be useful include the original construction report from the developer at the time of turnover, all engineering reports commissioned by the association, meeting minutes of association, and more.
Make sure to cite Fla. Stat. 718.111(12).
Ask for the documents to be delivered to you electronically to avoid an inspection and copying charges. The association may agree, although it is not required to. Should that not be available, ask the association to contact you before any copying charges are incurred. Also ask that any inspection be coordinated with you beforehand, so you can make sure you are available.
4. Calendar 10 business days.
Florida law requires an association to provide official records within 10 working days after receipt of a written request. If you do not receive a response, follow up with your association immediately, in writing.
5. Get your records.
Attend your inspection and obtain copies of the documents you select. You have the right to make or obtain copies, including making scans with your phone or tablet. The association may charge a reasonable fee.
Now that you have access to your official records, read them thoroughly and critically. Follow up. Attend your association board meetings and full membership meetings. Ask your questions. Make your concerns known. Demand answers.
For nearly thirteen years, Mary Ann Ruiz, P.A. has handled a wide array of condominium matters from inception to finish, including countless official records requests. We strive to be a valuable resource to South Florida condominium unit owners, and we take very seriously our role in helping you gain knowledge and take an active role in your condominium.
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