What Is Your Association Hiding? Your Right to Inspect the Records
POSTED ON October 26, 2026
Every dollar your association spends came out of your pocket. Florida law gives you the right to see exactly where it went.
Whether you own a condominium unit governed by Chapter 718 or a home in a homeowners association governed by Chapter 720, you have a statutory right to inspect and copy your association’s official records. That includes the budget, contracts, bank statements, meeting minutes, and much more. You do not have to explain why you want them.
Too many boards treat these records as their private property. They are not. Florida law sets firm deadlines, imposes money damages on associations that stall, and makes some records violations a crime. Here is what every owner should know. A Coral Springs, FL HOA lawyer can help homeowners understand their rights to inspect association records and pursue remedies when a board improperly withholds financial documents or other official records.
What Records You Are Entitled to See
The list is long, and it is broader than most boards admit. Both statutes end with a catchall that covers all other written records related to the operation of the association.
Condominium owners (section 718.111(12)(a), Florida Statutes) can see:
- The declaration, bylaws, articles of incorporation, rules, and every amendment
- Minutes of all board, owner, and committee meetings, plus recordings of meetings held by video conference
- The owner roster, insurance policies, and management agreements and other contracts
- Accounting records, which now expressly include all bank statements and ledgers, invoices, receipts, and deposit slips
- Audits, reviews, financial reports, and structural integrity reserve studies
- Bids for work, materials, and services
- Ballots, sign in sheets, and proxies
- Milestone inspection reports and other structural or life safety inspection reports
- Building permits, director education certificates, and all affidavits the Condominium Act requires
HOA owners (section 720.303(4), Florida Statutes) can see:
- Plans, permits, and warranties for common area improvements
- The declaration of covenants, bylaws, articles of incorporation, rules, and every amendment
- Minutes of all board and member meetings
- The member roster, insurance policies, and all current contracts
- Bids received in the past year
- Financial and accounting records, including detailed receipts and expenditures, each owner’s account statement, tax returns, financial statements, and any other records that communicate financial information
- Ballots, sign in sheets, and proxies
Associations cannot pick and choose. In Pecchia v. Wayside Estates Homeowners Association, the court held that the HOA records statute requires strict compliance, not substantial compliance, and that bank statements are financial records the association must keep and produce. 388 So. 3d 1136, 1144 (Fla. 5th DCA 2024).
Most condo records must be kept for at least 7 years. The governing documents and minutes must be kept permanently, and structural integrity reserve studies and inspection reports must be kept for 15 years. HOA records must be kept for at least 7 years unless the governing documents require longer.
How to Make a Request the Right Way
The clock only starts when the association receives a written request. A phone call or a hallway conversation with a board member does not count.
- Put the request in writing and address it to the board or its designee, which is usually the management company.
- Send it by certified mail, return receipt requested. For HOA owners this matters a great deal, because the presumption that the association acted willfully only applies to requests sent in that manner. Condo owners should do the same so there is proof of the date it was received.
- List the records you want as specifically as you can.
- Do not give a reason. Neither statute allows the association to make you explain why you want the records.
- Bring your phone. Both statutes let you photograph or scan the records with your own device for free.
- Mark your calendar for the deadline.
A condo association must make the records available within 10 working days. An HOA must do so within 10 business days. Either way, the records must be produced within 45 miles of the community or in the same county, or the association can offer them electronically. You may also send an authorized representative, such as your attorney, to inspect on your behalf.
Condo associations have one more obligation. When they respond, they must give you a checklist of every record they made available and must identify any official record they did not make available.
| Condominium (Ch. 718) | HOA (Ch. 720) | |
|---|---|---|
| Deadline to produce | 10 working days | 10 business days |
| Best way to send the request | Certified mail | Certified mail, return receipt requested (required for the willfulness presumption) |
| Must you give a reason | No | No |
| Photos with your own phone | Allowed, no charge | Allowed, no charge |
| Copy charges | Reasonable expense | Up to 25 cents per page, and no personnel charge if 25 pages or fewer |
| Checklist of records produced | Required | Not required |
| Rules limiting access | Reasonable rules allowed | Reasonable rules allowed, but never less than one 8-hour business day per month |
What Happens When the Association Refuses
If the association misses the 10-day deadline, the law presumes the failure was willful. The burden then shifts to the association to prove otherwise.
Money damages. An owner who is denied access is entitled to actual damages or minimum statutory damages of $50 per calendar day for up to 10 days. The count begins on the 11th working day (condo) or business day (HOA) after the association received the request. That is up to $500 before any other relief.
A court order. A court can order the association to produce the records it withheld. In the Pecchia case, the appellate court said the trial court should have entered an injunction requiring the HOA to hand over the missing insurance policies.
Attorney fees. In a condo case, an owner who prevails in an enforcement action can recover reasonable attorney fees from the person in control of the records who knowingly denied access.
Criminal penalties. The Legislature has made records violations a crime in both chapters.
- A condo director, board member, or community association manager who willfully and knowingly or intentionally denies access commits a second-degree misdemeanor and must be removed from office.
- An HOA director, board member, or community association manager who knowingly, willfully, and repeatedly denies access, meaning two or more times in 12 months, with intent to harm the association or its members, commits a second-degree misdemeanor.
- In both chapters, anyone who destroys accounting records, or fails to create or keep them, with intent to cause harm commits a first-degree misdemeanor.
- In both chapters, anyone who refuses to produce records to hide a crime commits a third-degree felony.
The first step before suing. Records disputes have a required first step. A condo owner must petition the Division of Florida Condominiums, Timeshares, and Mobile Homes for nonbinding arbitration or start presuit mediation before going to court. An HOA owner must serve a demand for presuit mediation before filing suit. Getting this step wrong can get a case dismissed, which is one reason to involve a lawyer early.
Many Associations Must Now Post Records Online
Since January 1, 2026, every condo association that manages a condominium with 25 or more units (other than timeshares) must post key records on a website or mobile app. Before then, the requirement only applied to condominiums with 150 or more units. Since January 1, 2025, every HOA with 100 or more parcels has had a similar duty.
The website must have a password protected section for owners, and the association must give you a username and password when you ask in writing. Required postings include:
- The declaration, bylaws, articles of incorporation, rules, and amendments
- The annual budget and the annual financial report
- Current contracts and a list of bids received in the past year
- Contracts involving a director or any conflict of interest
- Notices and agenda for board and member meetings
Condo websites must also carry the approved board minutes and video conference recordings from the past 12 months, milestone inspection reports, the most recent structural integrity reserve study, building permits for ongoing or planned construction, and required affidavits. Most of these must be posted within 30 days after the association receives or creates them.
A condo association may answer a records request by directing you to the website if the records are actually posted there. If they are not, your right to inspect is unchanged.
Common Stalling Tactics and What They Can Lawfully Withhold
We see the same excuses over and over. None of them are valid.
- “Tell us why you want the records.” The law says they cannot ask.
- “You can only look at them for one hour on Tuesdays.” Reasonable rules are allowed, but an HOA cannot limit you to less than one 8-hour business day per month.
- “We’ll charge you for staff time.” An HOA cannot charge personnel costs unless retrieval and copying take more than half an hour, and never for 25 pages or fewer. Using your own phone or portable scanning device is always free.
- “We gave you most of it.” Partial production is not compliance. Courts require the association to produce what the statute requires.
- “Those records were lost.” A condo association has a good faith duty to try to recover lost or destroyed records.
- “Our manager handles that.” The association remains responsible, and managers face the same criminal penalties as board members.
There are a few narrow categories the association may keep confidential. These include
- Attorney-client privileged communications and attorney work product, until the litigation ends;
- Information gathered to approve a sale or lease;
- Personnel records of employees, although employment contracts and compensation figures are not protected;
- Owners’ medical records;
- Social security numbers, driver license numbers, credit card numbers, phone numbers, emergency contacts, and similar personal identifying information;
- Passwords and software (the data itself is still an official record); and
- In gated HOA communities, guest visit information.
If an association cites one of these exceptions to withhold a budget, a contract, or a bank statement, that is a red flag.
Has Your Association Ignored Your Request?
A records request is often the first sign that something is wrong in a community. When a board refuses to show owners the books, there is usually a reason.
At Perez Mayoral, P.A., we represent owners only. We never represent associations. We sue HOAs, condominium associations, and cooperative associations throughout Florida, and records violations are one of the most common claims we bring. We can prepare a request that preserves every right you have, handle the required arbitration or presuit mediation, and pursue damages, an order compelling production, and attorney fees where the law allows.
If your association has missed its deadline, produced only part of what you asked for, or refused outright, contact us for a consultation.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every situation is different, so consult a lawyer about your specific facts.
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