In Florida, homeowners’ associations (HOAs)—even the
smallest ones—must follow the legal requirements for providing access to
official records.
A recent case involving Wayside Estates in Seminole County
demonstrated that failing to do so can result in significant legal penalties.
Under Florida Statute 720.303, associations are required to respond to written
records requests within 10 business days, and missing this deadline could cost
them dearly in statutory damages and legal fees.
What Happened in the Wayside HOA Case
Two homeowners were concerned about how the HOA was managing
common areas and enforcing rules, so they made a formal request for the
association’s records. This included insurance policies and financial documents,
all of which are mandated to be maintained and made available under Florida
law. However, the HOA responded late and only provided partial records,
prompting the homeowners to sue.
At first, the trial court sided with the HOA, but the
homeowners appealed. The appeals court reversed the lower court’s ruling,
making it clear that Florida law gives homeowners the right to inspect all
required records, including bank statements and insurance policies. The court ruled that:
- Section 720.303(4) mandates that HOAs must maintain
financial records, including bank statements and all insurance policies for at
least seven years.
- Section 720.303(5) requires that associations provide
requested records within 10 business daysof receiving the request. If the
association fails to comply, homeowners are entitled to $50 per day damages, up
to a total of 10 days.
What HOAs and Homeowners Should Know
Tips for Homeowners in Kendall and Surrounding Areas
If you need to request HOA records, it’s best to put your request in writing and use certified mail—that way, you have proof the HOA received it. As a homeowner in Kendall or nearby Miami neighborhoods, it’s important to understand your rights under Florida Statute 720.303(4) and (5). You’re entitled to see essential documents like insurance policies, meeting minutes, and financial statements. If the HOA fails to comply, you can hold them accountable through penalties.
Tips for HOA Boards Serving Kendall and Miami-Dade
If you’re on the board of an HOA in Kendall or surrounding neighborhoods, staying organized is key to meeting your legal deadlines. Make sure records are accessible and maintained properly. Not every document needs to be shared—attorney-client privileged information and personnel files are off-limits, but essential financial documents must be disclosed. To avoid penalties or legal trouble, consult with an attorney if you're unsure what qualifies as an official record. Failing to meet deadlines could result in fees, penalties, and damages, so staying compliant is critical.
Key Takeaway: Transparency is Non-Negotiable
The lesson from Wayside Estates is clear: Even small HOAs must follow the law. It’s important for boards to provide requested records on time to avoid penalties, and homeowners should feel confident in enforcing their rights if things go off track.
Boards need to ensure transparency by providing the
requested records within the mandated time. Meanwhile, homeowners should feel
empowered to enforce their rights if associations fail to meet their
obligations.
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