Condo - DBPR Official Records

The Florida Department of Business and Professional Regulation (DBPR) provides guidance on a wide array of condominium-related matters, including the handling and accessibility of official records. As per Chapter 718 of the Florida Statutes (the "Condominium Act"), condominium associations are required to maintain specific official records and make them available to unit owners under defined conditions.

Here's an overview of the key aspects related to official records for condominiums, based on the Florida Statutes as of my last update in January 2022:

1. Duration of Record Keeping:
   • Associations must maintain official records for at least 7 years, unless otherwise specified.
2. Accessibility:
   • Most records must be accessible to unit owners within 45 miles of the condo property or within the county in which the condo property is located. They should be available within 5 working days of a request.
   • Some sensitive information, such as medical records of unit owners, is exempt from inspection by unit owners.
3. Types of Records: The following are among the records that associations are generally required to maintain:
   • Bylaws and rules of the association.
   • Minutes of all meetings of the association and its board or committees.
   • Current roster of all unit owners and their mailing addresses, unit identification, voting certifications, and more.
   • All of the association's insurance policies.
   • Financial and accounting records, including:
     • Records of all receipts and expenditures.
     • Current period's proposed annual budget and any proposed amendment.
     • Financial reports.
   • Ballots, sign-in sheets, and voting proxies related to ballots for events held within the past 12 months.
   • All rental records if the association is acting as an agent for the rental of condominium units.
   • A copy of the current Question and Answer sheet provided by the DBPR.
   • And many more.
4. Protected or Restricted Information:
   • Certain records are either restricted from owner access or must be protected from disclosure. These might include records related to ongoing legal matters, personnel records, medical records, personal contact information of unit owners (unless consented), and others.
5. Copying:
   • Associations can charge a reasonable fee for copying the records.
6. Failure to Provide Access:
   • If an association fails to provide the requested records within 10 working days of receiving a written request, the failure may entitle the requesting party to damages.