Your Rights as a Condo Owner: What Your HOA Must Disclose
As a Florida condo owner, you have specific legal rights to information about your association. Understanding these rights helps you stay informed about your building's finances, operations, and decision-making. Here's what your HOA board must disclose to you.
Official Records You Can Access
Under Florida law (Chapter 718), your association must maintain official records and make them available to owners. With HB 913, many of these records must now be accessible online. Here's what you're entitled to see:
Financial Records
- Bank statements and account records - All association bank accounts, including operating and reserve accounts
- Annual financial statements - Must be delivered within 180 days of the fiscal year end
- Budgets and budget amendments - Current and proposed budgets
- Ledgers - Detailed accounting of income and expenses
- Reserve account records - Information about reserve funding and expenditures
Meeting Records
- Board meeting minutes - Approved minutes from the last 12 months must be online
- Meeting recordings - Video conference meetings must be recorded and kept as official records
- Annual meeting records - Minutes and voting records from annual owner meetings
Operational Records
- Contracts and agreements - Management contracts, vendor agreements, insurance policies
- Insurance information - Details about association insurance coverage
- Structural integrity reports - SIRS reports and milestone inspection results
- Board member information - Names and contact information for current board members
- CAM information - Community Association Manager details and contact information
How to Request Records
While HB 913 requires many records to be online, you can still make formal written requests for any official record. Here's how:
Written Request Process
- Submit in writing - Send a written request to your association (email is acceptable)
- Be specific - Clearly identify which records you want to see
- Allow reasonable time - Associations have 10 business days to respond
- Inspect or copy - You can inspect records in person or request copies (reasonable copying fees may apply)
Online Access
Under HB 913, your association must maintain a website with official records. You should be able to access:
- Bank statements and financial records
- Approved board meeting minutes (last 12 months)
- Meeting recordings (if applicable)
- Other records as required by law
Records must be updated within 30 days of any changes, so the information should be relatively current.
Timing Requirements
Your association must provide records within specific timeframes:
- Written requests: 10 business days to respond
- Financial statements: Within 180 days of fiscal year end
- Online records: Updated within 30 days of changes
- Division reporting: Updated within 30 days of board or CAM changes
What You Can't Access
While you have broad rights to information, some records are protected:
- Attorney-client privileged communications - Legal advice to the board
- Personnel records - Employee information (except CAM information)
- Medical records - Individual owner medical information
- Social security numbers - Personal identifying information
- Certain contract negotiations - While contracts are public, negotiations may be protected
Fees and Costs
Your association can charge reasonable fees for:
- Copying costs - Typically $0.25 per page for black and white copies
- Staff time - If records require significant staff time to compile
However, you cannot be charged for:
- Viewing records online (if available)
- Inspecting records in person during normal business hours
- Basic record requests that don't require significant time
What to Do If Your Rights Are Violated
If your association refuses to provide records or charges unreasonable fees, you have options:
- Document everything - Keep copies of your requests and any responses
- Follow up in writing - Send a second request if the first is ignored
- Contact the Division - File a complaint with the Division of Condominiums
- Consult an attorney - For serious violations, legal action may be necessary
Why These Rights Matter
Your right to access association records serves several important purposes:
- Accountability - Ensures boards are managing money responsibly
- Transparency - Helps you understand how decisions are made
- Protection - Allows you to identify problems before they become serious
- Participation - Enables you to make informed decisions about your property
Stay Informed
Regularly reviewing your association's records helps you:
- Understand your building's financial health
- See how your assessments are being used
- Identify potential problems early
- Hold your board accountable
- Make informed decisions about your property
Don't be afraid to exercise your rights. Transparency benefits everyone—owners, boards, and the association as a whole. When information flows freely, problems are caught early, trust is built, and your building is better managed.
