Florida law gives owners the right to inspect and copy their association’s official records. For homeowners associations, that right is governed by § 720.303(5), Florida Statutes. For condominium associations, it is governed by § 718.111(12), Florida Statutes.
Transparency is a core principle of association governance. However, not all records are subject to disclosure.
Both statutes exempt certain categories of records, including documents protected by the attorney client privilege and work product doctrine, personnel records, and certain security related information. At the same time, both chapters impose strict compliance deadlines and statutory penalties for failing to timely respond to a proper records request.
Importantly, both statutes also authorize associations to adopt reasonable written rules governing the frequency, time, location, notice, and manner of inspections.
We've handled many requests and disputes over the years, and here are three hard lessons boards should consider.
Owners have inspection rights, but associations have the authority to implement reasonable procedures. Boards without a written records policy often respond inconsistently. One request is handled by management, another by a board member, and another through partial electronic production. That inconsistency creates confusion and increases exposure.
A strong records policy should require written requests submitted to a designated contact, reasonable specificity in identifying the records sought, and inspections conducted at a standard time and location. It should address electronic production and copy charges and clarify timelines consistent with statutory requirements.
When expectations are clear, the process becomes administrative rather than confrontational. Structure protects both the association and the requesting owner.
Owners are entitled to inspect official records. They are not entitled to privileged communications, personnel files, or other statutorily exempt materials.
In contentious situations, requests often expand into protected areas. The most effective response is direct and neutral: identify the exemption, cite the statute, and move forward. Lengthy back and forth over privilege rarely reduces conflict.
It is also critical to understand what the statutes actually require. Associations are obligated to make existing official records available for inspection. They are not required to answer written questions, respond to interrogatory style demands, provide narrative explanations, or create new reports or summaries. The obligation is production of existing official records, not participation in discovery.
When boards clearly distinguish between record production and answering questions, they prevent records requests from turning into informal litigation exercises. Clarity and consistency reduce escalation.
Many disputes do not begin as technical compliance issues. They evolve into allegations of delay, concealment, or retaliation.
Associations that navigate these situations successfully have one thing in common. They document everything.
Boards should log the date a request is received, track the statutory response deadline, maintain a written record of what was produced, and clearly identify any withheld records and the statutory basis for withholding them. This documentation becomes critical if the requester later claims noncompliance.
Recent amendments to Chapter 718 now require condominium associations to provide a written checklist identifying which records were produced and which were withheld, along with the legal basis for withholding them. Although Chapter 720 does not impose the same requirement on homeowners associations, adopting a similar checklist practice is strongly recommended for both.
A written production checklist creates a clear record of compliance and significantly limits later claims that documents were improperly withheld. Associations that operate with this level of discipline are far better positioned if a dispute escalates.
Boards that adopt reasonable written rules, apply exemptions consistently, and document their compliance efforts dramatically reduce risk. Proactive structure prevents reactive conflict.
If your association needs assistance developing or refining its records inspection procedures, consult with an experienced Orlando HOA lawyer or Orlando condo lawyer who understands the practical and legal nuances of Chapters 720 and 718. An experienced Florida real estate lawyer can help your board implement compliant policies, respond to contentious requests, and protect the association from unnecessary exposure.
