When an owner submits a written request to inspect or copy association records, the clock starts. A Florida condominium or cooperative association must make the official records available within 10 working days after the board or its designee receives the written request (§ 718.111(12)(b), (c)1.a.; § 719.104(2)(b)–(c), Fla. Stat.). An HOA has 10 business days (§ 720.303(5)(a)). Missing the deadline creates a rebuttable presumption of willful noncompliance and minimum damages of $50 per calendar day for up to 10 days.
The manager's checklist
- Date-stamp the request the day it arrives. The deadline runs from receipt "by the board or its designee," so if your company is the designee, your office's receipt starts the clock. The statutes require a written request; none of them requires a particular form, and an association may not require the owner to state a reason (§ 718.111(12)(c)1.a.; § 719.104(2)(c)).
- Calendar the deadline in working or business days, not calendar days. Count 10 working days (condo, co-op) or 10 business days (HOA) from receipt, and flag day 11, when minimum damages begin to run (see the timeline below).
- Check how the HOA request was sent. In an HOA, the rebuttable presumption of willful noncompliance attaches when the request was "submitted by certified mail, return receipt requested" (§ 720.303(5)(b)). The 10-business-day duty in (5)(a) applies either way.
- Identify what was asked for and where it lives. Records must be available within 45 miles of the property or within the county where it is located (§ 718.111(12)(b); § 720.303(5)(a); § 719.104(2)(b)). Follow any reasonable inspection rules the board has adopted on frequency, time, location, notice, and manner (§ 718.111(12)(c)1.a.; § 719.104(2)(c); § 720.303(5)(g)).
- Pull what's already on the website. A condominium association whose requested records are posted on its website or app may fulfill its obligation by directing the requester there (§ 718.111(12)(c)1.a.). An HOA may likewise satisfy a request by directing the owner to its website or app, provided the requested records are actually posted there (§ 720.303). Anything not posted must still be produced.
- Screen for records that are not accessible before anything is produced, and redact where needed (see "What owners can't see" below).
- Condos: prepare the checklist. In response to a written request, a condominium association must simultaneously give the requester a checklist of all records made available, and must keep the checklist for 7 years (§ 718.111(12)(c)1.b.). Delivering the checklist creates a rebuttable presumption that the association complied.
- Let the owner photograph. Owners may use a portable device such as a smartphone, tablet, or scanner to copy records, and the association may not charge for that (§ 718.111(12)(c)5.; § 719.104(2)(c); § 720.303(5)(a)).
- Charge only what the statute allows for copies. HOAs may charge up to 25 cents per page on the association's copier, actual vendor cost for outside copying, and $20 per hour of personnel time if retrieval and copying take more than one-half hour (with no personnel charge for requests of 25 pages or fewer) (§ 720.303(5)(g)). Condos and co-ops may charge the reasonable expense of copies.
Response timeline
| Step | Condominium (§ 718.111(12)) | HOA (§ 720.303(5)) | Cooperative (§ 719.104(2)) |
|---|---|---|---|
| Clock starts | Board or designee receives written request | Board or designee receives written request | Board receives written request |
| Day counting | Working days | Business days | Working days |
| Deadline to make records available | 10 working days | 10 business days | 10 working days |
| Presumption of willful failure if late | Yes | Yes, if request sent certified mail, return receipt requested | Yes |
| Minimum damages begin | 11th working day | 11th business day | 11th working day |
| Minimum damages | $50/calendar day, up to 10 days (or actual damages) | $50/calendar day, up to 10 days (or actual damages, if greater) | $50/calendar day, up to 10 days |
| Checklist to requester | Required; keep 7 years | Not in statute | Not in statute |
What owners can't see
The three lists overlap: records protected by the lawyer-client privilege or work-product doctrine; information obtained in approving a lease, sale, or transfer; personnel records (HOAs must still disclose employment agreements and compensation); owners' medical records; Social Security, driver license, and credit card numbers, e-mail addresses, telephone and fax numbers, emergency contact information, and most addresses (other than those provided for notice); electronic security measures and passwords; and software and operating systems (§ 718.111(12)(c)5.; § 720.303(5)(g); § 719.104(2)(c)). HOAs also protect information about gated-community guest visits.
Website posting
A condominium association managing a condominium with 25 or more units (excluding timeshare condominiums) must post specified records on its website or app, generally within 30 days after it receives or creates the record (§ 718.111(12)(g)1.–2.). The threshold dropped from 150 to 25 units effective January 1, 2026, under 2024 legislation (HB 1021). Since January 1, 2025, an HOA with 100 or more parcels must post specified documents on a password-protected website or app (§ 720.303(4)(b)). The co-op statute has no website requirement.
Criminal penalties (2024–2026)
Legislation in 2024 added criminal penalties for records violations. Under the 2026 condominium text, a director, board member, or community association manager who willfully and knowingly or intentionally violates the inspection rules commits a second-degree misdemeanor and must be removed from office; destroying or failing to maintain accounting records with intent to harm is a first-degree misdemeanor; refusing to release records to avoid detection of a crime is a third-degree felony (§ 718.111(12)(c)2.–4.). The HOA statute has parallel penalties, but the second-degree misdemeanor requires knowing, willful, and repeated violations (two or more in 12 months) with intent to harm (§ 720.303(5)(d)–(f)). No criminal penalties were found in the co-op records statute.
How it differs: condo, HOA, co-op
| Issue | Condominium | HOA | Cooperative |
|---|---|---|---|
| Certified mail matters? | No | Yes, for the presumption | No |
| Records checklist | Required | No | No |
| Website | 25+ units, 30-day posting | 100+ parcels | None |
| Criminal penalties | Yes, with removal from office | Yes ("repeatedly" for the misdemeanor) | None found |
| Copy charges in statute | Reasonable expense | 25¢/page; $20/hr personnel after ½ hour | Reasonable expense |
Governing documents may add retention periods (HOAs) or inspection rules, but don't count on them to change the statutory deadline.
Manager or lawyer?
Usually manager work (ministerial)
- Logging requests and calculating the 10-day deadline from the statute's face
- Pulling, copying, and producing records; preparing the condo checklist
- Redacting items the statute plainly lists, such as Social Security numbers or phone numbers
- Posting required documents to the association website
Call association counsel when…
- You're unsure whether a document is privileged or work product (anything from or to counsel, litigation files)
- The request seems tied to a dispute, lawsuit, or arbitration
- The deadline has already passed or the owner is demanding damages
- The board wants to withhold something not clearly on the statutory list
- A board member asks you to delay or refuse production
Under The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015), ministerial tasks are permitted, but reaching a legal conclusion by interpreting statutes or case law is the practice of law.
Common mistakes
- Counting calendar days instead of working or business days, or starting the clock when the request reaches the board president instead of the designee.
- Asking the owner why they want the records. The statutes forbid requiring a reason.
- Forgetting the condo checklist, which is the association's best evidence it complied.
- Producing unredacted owner rosters with e-mail addresses and phone numbers.
- Treating an HOA request sent by regular mail or e-mail as optional because it wasn't certified.
Frequently asked questions
Does an owner have to use a specific form or send the request by certified mail?
No statute requires a particular form. The request must be in writing. In an HOA, certified mail, return receipt requested, triggers the presumption of willful noncompliance if the association is late, but the 10-business-day duty applies to any written request.
What happens if we miss the 10-day deadline?
Willful noncompliance is presumed, and the owner may recover actual damages or minimum damages of $50 per calendar day for up to 10 days, plus attorney fees if the owner prevails in an enforcement action.
Can we just send the owner a link to the website?
Yes, for records that are actually posted on the association's website or app. Condominiums may do so under § 718.111(12)(c)1.a., and HOAs may likewise direct the owner to the posted records. Anything not posted still has to be produced within the deadline.
Can the manager personally face criminal charges?
The 2026 condo and HOA statutes name community association managers among those who can commit records-related offenses. The HOA misdemeanor requires repeated violations with intent to harm.
How long must we keep records?
For condos, the records listed in § 718.111(12)(a)1.–6., which include the declaration, bylaws, and articles, must be kept permanently from the association's inception, and all other official records for at least 7 years within the state (§ 718.111(12)(b)). HOA and co-op records generally must be kept at least 7 years (§ 720.303(4)(a); § 719.104(2)(b)).
Related resources
- Official records request checklist
- Records retention checklist
- Record preservation checklist
- Official records: condo vs. HOA vs. co-op
- Manager or lawyer?
- Condominium law · HOA law · Cooperative law
Talk to association counsel
If a request involves privileged material, a pending dispute, or a deadline that has already passed, a short call to association counsel before you respond can prevent a damages claim. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page.
Statutes and authorities referenced
- § 718.111(12), Fla. Stat. (condominium official records)
- § 718.111(12)(c)1.a.–b., Fla. Stat. (10 working days, minimum damages, checklist)
- § 718.111(12)(c)2.–4., Fla. Stat. (criminal penalties)
- § 718.111(12)(c)5., Fla. Stat. (records not accessible)
- § 718.111(12)(g), Fla. Stat. (condominium website posting)
- § 720.303(4)–(5), Fla. Stat. (HOA official records and inspection)
- § 719.104(2), Fla. Stat. (cooperative official records)