Official Records

An Important Association Responsibility is Maintenance of the Official Records and Assuring their Availability to its Members.

Official Records

Per Florida statute 718.111(12)(a), "From the inception of the association, an association is required to maintain and preserve each of the following documents, which constitute the official records of the association:

  1.  Developer’s plans, permits, warranties, and other items.
  1.  Recorded declaration(s) and bylaws and each amendment to them.
  1.  Articles of incorporation of the association, or other documents creating the association, and each amendment to them.
  1.  Current rules of the association.
  1.  Minutes of all meetings of the association, the board of administration, and the unit owners.
  1.  Current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. Also, the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission.
  1.  All current insurance policies of the association.
  1.  Current copy of any management agreement, lease, or other contract to which the association or unit owners have an obligation.
  1.  Bills of sale or transfer for all property owned by the association.
  1.  Accounting records for the association and separate accounting records for each condominium that the association operates. Accounting records include:
    • Records of all receipts and expenditures;
    • All invoices, transaction receipts, or deposit slips that substantiate the association's receipts or expenditures;
    • Statement of the account for each unit owner showing assessments, amount paid, and balance due;
    • All audits, reviews, accounting statements, structural integrity reserve studies, and financial reports; and
    • Contracts and bids for work to be performed.
  1.  Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners. (1 Yr. retention)
  1.  All rental records if the association is acting as agent for the rental of condominium units.
  1.  Copy of the current question and answer sheet.
  1.  Copy of Milestone Inspection reports and any other inspection report related to the structural or life safety inspection of condominium property.
  1.  Bids for materials, equipment, or services.
  1.  All affirmative acknowledgments from unit owners verifying that they were informed of any billing method changes.
  1. Copy of all building permits.
  1. Copy of all satisfactorily completed board member educational certificates.
  1. All other written records of the association not specifically included in the foregoing which are related to the operation of the association.

Official Records Retention & Requests

  • The following Official Records must be permanently maintained from the inception of the association:
    1. Copy of the plans, permits, warranties, and other items provided by the developer.
    1. Photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
    1. Photocopy of the recorded bylaws of the association and each amendment to the bylaws.
    1. Certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
    1. Copy of the current rules of the association.
    1. Book that contains the minutes of all meetings of the association, the board of administration, and the unit owners.
  • All other official records must be maintained for at least 7 years, except for bids for work, equipment, or services to be performed which have a 1 year retention requirement after receipt of the bid.
  • The official records must be maintained in an organized manner that facilitates inspection of the records by a unit owner.
  • In the event that the official records are lost, destroyed, or otherwise unavailable, the obligation to maintain the official records includes a good faith obligation to obtain and recover those records as is reasonably possible.
  • The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 10 working days after receipt of a written request. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages of $50 per calendar day for up to 10 days.
  • The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

Response Times

10 Business Days – Official records of the association shall be made available to a unit owner after receipt of a written request to the Board.

  • Smartphone, tablet or other portable device can be used to scan or photograph.
  • The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

Owner Inquiry by Certified Mail:

  • 30 Days – Substantive response (or) sought legal/division opinion
  • 10 Days – After receipt of Division advice
  • 60 Days – After owner inquiry when Board seeks legal advice

60 Days – Time Board has to place an item on a Board Meeting agenda If 20 percent of the voting interests petition the board to address an item of business.

5 Business days – to file an elevator accident report ($1,000 max fine for failure to report).

Reasonable period – Converting recorded meeting minutes to written form.