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Electronic Records Management Checklist: Scanning, Posting, Redacting and Getting Your Data Back

How a Florida association runs its records digitally: scanning standards, the website posting thresholds and deadlines, redaction practice and board e-mail.

Running records electronically solves the storage problem and creates two new ones. The association now publishes some of its records to hundreds of people, which makes redaction a permanent job rather than an occasional one. And the records usually sit on a system the association does not own. This checklist covers scanning, posting, redaction, board e-mail and getting your data back when the manager changes.

Download the PDFThe PDF is a designed, printable copy for the board packet, the bulletin board or your meeting portfolio. On screen, you can tick the boxes below; nothing you tick is saved or sent anywhere.

The posting thresholds and deadlines are chapter-specific and they are not parallel. A condominium with 25 units has an obligation an HOA with 90 parcels does not, and a cooperative of any size has none at all. Work the items marked for your chapter. See our pages on condominium electronic records and electronic records management.

Decide what the record is

  • Recorded declarations, amendments, deeds, plats and bonded instruments stay in paper. Convenience is not a reason to give up an original.
  • Where a cloud provider physically stores a file is not a question most boards can answer. Put it to the vendor in writing rather than assuming.§ 718.111(12)(b); § 719.104(2)(b); § 720.303(5)(a)

Scanning standards and naming

  • An unsearchable archive fails the first time a records request asks for everything about one vendor.

The website or application obligation

  • § 718.111(12)(g)1.
  • § 720.303(4)(b)1.
  • This is the cleanest difference among the three chapters. If your cooperative posts anyway, every rule about what must not be posted still applies to what you chose to publish.
  • § 718.111(12)(g)1.
  • § 718.111(12)(g)1.b.; § 720.303(4)(b)2.
  • A former owner still holding a portal login is an access problem the statute does not solve for you.

What goes up and by when

  • § 718.111(12)(g)1.
  • Chapter 720 has no general posting deadline running from receipt or creation. That is not the same as having no deadlines.§ 720.303(4)(b)1.
  • § 718.111(12)(g)2.
  • If the association is ever asked to prove a document was posted on time, the log is the proof. The site itself usually will not show you.
  • § 718.111(12)(g)2.

What must never be posted

  • § 718.111(12)(c)5.; § 720.303(5)(g)
  • Posting counsel's memorandum to a members-only page still distributes it to hundreds of people. Treat the protected subpage as public for privilege purposes until counsel tells you otherwise. See confidentiality and privilege.
  • § 718.111(12)(g)3.; § 720.303(4)(b)4.
  • The financial report is on the posting list. The check images inside it are the most common way account numbers reach a community website.
  • Both chapters give the association a shield for disclosing protected information unless the disclosure was made with knowing or intentional disregard. A documented two-person redaction process is what that shield rests on.§ 718.111(12)(g)3.; § 720.303(4)(b)4.

Board e-mail, texts and personal devices

  • Silence is not safety. If a message is the only record of how the association decided something, expect to have to produce it in litigation whatever its records status. See board e-mail and text messages.
  • A decision reached in a group text is a board action taken without notice, and the thread is the evidence of it.
  • § 718.111(12)(f); § 719.104(2)(e)

The management company's system versus your own

  • Most agreements say the records belong to the association. Fewer say what format the export comes in, which is the term that matters. See management agreement review.
  • The commonest way an association loses a decade of records is a management change nobody prepared for.

Statutes and authorities referenced

Contact Hamilton Mikes

Hamilton Mikes helps Southwest Florida boards set up records systems that satisfy the posting rules, writes the redaction and electronic records policies that sit behind them, and reviews management agreements for who owns the data. Call 239-594-7227 or visit our Official Records page.

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8850 Terrene Court, Suite 110
Bonita Springs, FL 34135
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