Primary Document
📄 View “Records Request Procedures” (Board Action Document)
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Summary (Plain Language)
- Presented as a Board-adopted procedure (no owner ballot).
- Describes internal steps for how records requests will be processed.
- Owners can compare the procedure to existing statutory rights under §718.111(12).
Below is a high-level comparison between selected sections of the proposed “Records Request Procedures” and Florida Statute §718.111(12). This summary is provided for general reference only and is not legal advice.
Owners may wish to read the full text and compare it to the statute directly.
| Topic | Proposed Procedure (summary) | How it aligns with §718.111(12) (high-level) |
|---|---|---|
| Method of request | Written requests by certified mail or hand delivery; email requests rejected. | May be more restrictive Statute generally requires a written request; delivery methods may vary. |
| Specificity | Requires exact records, dates, and whether inspection or copying is requested. | Adds requirements Statute focuses on access to official records; it does not list detailed “hyper-specific” request elements. |
| Email searches / narrowing | Requires parties, date range, subject; allows further narrowing based on volume. | Adds requirements Statute does not explicitly impose these request-format burdens on owners. |
| Frequency limits | Limits requests (e.g., 2 per 30 days) and restricts repeat requests. | Adds limits Statute does not set a fixed “requests per month” cap. |
| Inspection time limits | Caps inspection hours (e.g., 8 hours per 30 days). | Adds limits Statute provides inspection rights; it does not specify a monthly hour cap. |
| Inspection location | Inspection only at manager’s office or a location designated by the Association. | Potentially narrower Statute supports reasonable access arrangements; it does not specify a single fixed location. |
| 10-day timing | 10 working days, with extensions for volume/condition. | Generally consistent 10 working days is statutory; how extensions are handled can vary by circumstance. |
| Appointment scheduling | Inspections by appointment, limited hours. | Often reasonable Scheduling constraints can be reasonable if access is still provided. |
| Website-only access | Denies in-person inspection if records are online. | May be more restrictive Statute provides inspection rights; online posting may not replace inspection in all cases. |
| Copy process | Owner must clip/mark pages for copies; copy charges stated. | Mixed Copy charges can be consistent; extra procedural requirements may be additional. |
| Owner scanning | Allows portable scanning with no charge. | Consistent Statute supports owner inspection and copying; scanning is commonly treated as permissible. |
| USB requirements | USB must be new before connection. | Additional requirement Not specifically addressed in the statute. |
| Production checklist | Association lists what was produced and what is missing. | Consistent Statute requires maintenance/availability of official records; completeness tracking aligns with transparency practices. |
| Conduct rules | Businesslike conduct required; limits number of inspectors. | Mixed Conduct expectations can be reasonable; numeric limits are not specified in statute. |
| Suspension / refusal | Suspends inspections or refuses requests that don’t follow the procedure; references enforcement. | Higher risk area Statute includes remedies and penalties related to access; owners may wish to review how enforcement provisions interact with statutory rights. |
| Retention periods | Lists retention periods. | Generally consistent Retention concepts mirror statutory recordkeeping expectations. |