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Records Retention Checklist: An Annual Review of What You Keep, For How Long, and What You May Destroy

A yearly retention review for Florida condominium, cooperative and HOA boards: what is permanent, what runs seven years, what runs one, and how to destroy safely.

Associations lose records two ways. They throw out something the statute required them to keep, or they keep everything forever in a storage unit nobody can search, which is the same as keeping nothing. Once a year the board should look at the whole inventory, confirm the periods, and dispose of what has aged out in a documented way. This checklist is that review.

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 retention rules are not the same by chapter, and the difference is larger than most boards expect. Chapter 718 makes six categories permanent from the inception of the association. Chapter 720 designates none. Read the items marked for your chapter and ignore the rest. Background is in our pages on condominium records retention and HOA official records requirements.

Set the review up

  • Applying the condominium rules to an HOA will make you keep some things longer than required and destroy others far too soon.
  • Chapter 720 expressly defers to governing documents that require a longer period. The documents can be stricter than the statute; they cannot be looser.§ 720.303(4)(a)
  • A hold overrides every period in this checklist. A retention period is a floor below which you may not destroy, not a date on which you must.

The permanent categories

  • § 718.111(12)(b)
  • § 718.111(12)(a)1.
  • Minutes are permanent in a condominium. The ballots behind the vote the minutes record are not.§ 718.111(12)(a)6.
  • Keep the recorded declaration, amendments, articles, bylaws and minutes permanently anyway. Destroying them because the statute allows it is how a board ends up unable to prove its own restrictions.§ 720.303(4)(a)

The seven-year default

  • § 718.111(12)(b); § 719.104(2)(b); § 720.303(5)(a)
  • The statute measures from the record. Running it from expiration is the conservative reading and it avoids the argument entirely.
  • § 718.111(12)(c)1.b.
  • All three chapters say within the state. Cloud storage makes this a question most boards cannot answer without asking the vendor.§ 718.111(12)(b); § 719.104(2)(b); § 720.303(5)(a)

The one-year categories

  • § 718.111(12)(b); § 719.104(2)(a); § 720.303(4)(a)9.
  • § 718.111(12)(b); § 720.303(4)(a)12.
  • One year is a floor, not an instruction. Election disputes routinely surface after the year runs.
  • Condominium minutes are permanent. HOA minutes sit on the 7-year floor. In both, the minutes are what proves the outcome once the ballots are gone.
  • The contract file runs 7 years. Filing the winning bid with the one-year pile is how the supporting paper for a contract disappears.

Categories the chapters treat differently

  • § 718.111(12)(b)
  • Confirm the cooperative period separately. Chapter 719 was amended alongside Chapter 718 and the periods track, but the text is its own.
  • Different escape hatches. One looks at your documents, the other looks at other statutes.§ 720.303(4)(a); § 718.111(12)(b); § 719.104(2)(b)
  • § 719.104(2)(a)
Condominium (718)HOA (720)Cooperative (719)
Permanent categoriesYes — § 718.111(12)(a)1.-6.None designatedNone designated
Default floor7 years, within the state7 years, longer if the documents say so7 years, within the state
Bids1 year after receipt1 year1 year
Ballots and voting materials1 year from the election or vote1 year from the election or vote1 year from the election or vote
Records-request checklist7 yearsNo checklist dutyNo checklist duty

Where the records must physically be kept

  • § 718.111(12)(b); § 720.303(5)(a)
  • Check this against the management agreement before the next renewal, not during a transition. See management agreement review.
  • A condominium outgoing board or committee member must relinquish all official records and property of the association within 5 days.§ 718.111(12)(f); § 719.104(2)(e)

Before you destroy anything

  • Destroying a record after a request for it has arrived is the worst fact pattern in this area of law.
  • The log is the only thing that distinguishes a routine retention practice from destroying evidence. Without it, both look the same.

Statutes and authorities referenced

Contact Hamilton Mikes

Hamilton Mikes writes retention policies for Southwest Florida associations, reviews what a board may safely destroy, and steps in when records the association should have kept cannot be found. Call 239-594-7227 or visit our Official Records page.

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