As a homeowner in Florida, understanding your right to access association records is crucial for ensuring transparency and proper governance within your community. Whether you live in a homeowners’ association (HOA) or a condominium association, Florida law grants you specific rights to review various documents maintained by your association.
Governing documents are the foundation of every HOA and condo association in Florida. These include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Bylaws, and Rules and Regulations. These documents control everything from how the board operates to what homeowners can and cannot do with their property.
So How Do You Find Them?
1. Check Your Closing Documents
When you purchased your home, you should have received a copy of the governing documents as part of your closing package. If you saved your files, this may be the fastest way to access them.
2. Look on the Association’s Website
Many homeowners’ and condominium associations maintain websites where governing documents are posted for owners to download. This is often the easiest and most up-to-date source.
3. Search the Property Appraiser’s Site
If you’re in a condominium governed by Chapter 718, your property deed (accessible through your county’s property appraiser or clerk of court website) may list a book and page number referencing the Declaration of Condominium recorded in public records. Use that to search the public records for your governing documents.
4. Search the County Court Docket
If your HOA or condo association has ever filed a lawsuit, there’s a good chance they attached the governing documents to the complaint. Search the local court docket for cases where the association is listed as a plaintiff, and review the case filings.
5. Make a Direct Request to the Association
One of the most straightforward methods is to simply ask the association, property manager, or board of directors. Politely request a copy of the current governing documents and all amendments. This is a common and reasonable request, and they should provide it to you without issue.
6. Submit a Legal Records Inspection Request
If the association fails to provide the documents voluntarily, Florida law allows you to make a formal written demand. For:
- HOAs: Submit a request under § 720.303(5), Fla. Stat.
- Condo Associations: Submit a request under § 718.111(12), Fla. Stat.
In your request, ask for:
- Any and all governing documents, including:
- Declarations
- CC&Rs
- Bylaws
- Rules and Regulations
- Amendments to each of these documents
Your request should be sent via U.S. Certified Mail, Return Receipt Requested, so that you can track when the association received it. Under Florida law, the association is required to make the records available for inspection within 10 business days (for HOAs) or 10 working days (for condos) after receipt of your request. They are not required to email or mail them to you—they can satisfy their obligation by providing access for inspection at a reasonable location, such as the property manager’s office or the association’s principal office.
Sample Request To Obtain HOA Or Condo Governing Documents
[Your Name]
[Your Address]
[City, FL ZIP]
[Your Email] | [Your Phone]
[Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Association Name]
[Association Registered Agent]
[Registered Agent’s Address]
[City, FL ZIP]
Re: Records Inspection Request – Governing Documents
Dear [Association Name or Agent],
Pursuant to [§ 720.303(5) or § 718.111(12), Fla. Stat., depending on the type of association], I request to inspect and copy the following current governing documents of the association, including all amendments:
- Any and all governing documents, including the Declaration, CC&Rs, Bylaws, Rules and Regulations, and amendments to each of these documents.
Please make these available for inspection within the timeframe required by law. If possible, I would appreciate receiving them electronically via email at [your email address].
Thank you for your attention to this matter.
Sincerely,
[Your Signature]
[Your Name]
[Your Property Address in the Association]
Contact Us Today
If you’re experiencing issues with your condominium or homeowners association, don’t face these complex challenges alone. Contact Perez Mayoral, P.A. at (305) 928-1077 or email us at [email protected] for a consultation to discuss your situation. Our experienced attorneys can help you understand your rights and develop a tailored strategy to address your association dispute.
This article contains general legal information and should not be construed as legal advice for any specific situation. If you are facing a legal issue with your HOA or condominium association, please consult with our Fort Lauderdale, FL condo attorney who can provide guidance tailored to your specific circumstances.
