CONDO RECORDS AND THE NEW CHECKLIST LAW

Suppose you ask for access to certain condominium records, they are never given to you, but months later the association says they were?  What do you do now?

Well, for condominiums only The Florida Legislature attempts to address this issue in House Bill 1021 which goes into effect July 1st and says:

In response to a written request to inspect records, the association must simultaneously provide to the requestor a checklist of all records made available for inspection and copying. The checklist must also identify any of the association’s official records that were not made available to the requestor. An association must maintain a checklist provided under this sub-subparagraph for 7 years. An association delivering a checklist pursuant to this sub-subparagraph creates a rebuttable presumption that the association has complied with this paragraph.

I guess it could look something like this:

Item Requested                                                         Outcome

1.    Minutes of meetings for the past year:          Made Available
2.    2024 Bank statements:                               Not Made Available
3.    Bills from Joe’s Plumbing for 2024:             Made Available
4.    Agendas for the Year 2019:                         Not Made Available

 

Looks simple enough.  These checklists will also be official records of the association, meaning that any owner is entitled to get a copy of these checklists.  That may come in handy when you’re trying to prove that certain people get access to the records and some don’t.  For example, suppose you’re given the above checklist and then you get your hands on another checklist given to another owner that says “Made Available” where “2024 Bank statements” are asked for?

For heaven’s sake, just put everything on a password protected website and point everyone there.

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