Michael Cochran, Director
Division of Florida Condominiums, Timeshares, and Mobile Homes
1940 North Monroe Street
Tallahassee, FL 32399
Phone: 850.488.1122
Fax: 850.921.5446
- Condominiums/Cooperatives
- Educational Seminars
- Approved Education Providers
- The Condominium Ombudsman
- Mobile Homes
- Timeshare
- Yacht & Ships
- Arbitration
- Homeowners' Associations
Division of Florida Condominiums, Timeshares, and Mobile Homes
Frequently Asked Questions - The Association
Official Records
1. What items are considered official records of the association?
2. Can the board charge me a set or flat fee for copies of official records that I have requested?
4.
What can I do if the association refuses to allow me to inspect official records of the association?
5.
Where do the official records of the association have to be maintained?
6.
Am I entitled to a copy of our association’s previous budgets?
Right of Access
7.
Does the law require me to give the association a key to my unit? And, does the association have the right to allow a pest control company access to my unit?
8.
Does the board have the right to enter a unit in order to make sure that the hurricane shutters are properly secured?
Management of the Association
9.
Can the unit owners stop the board from hiring a management company?
10.
May the association pay a board member for his or her services as a board member?
11.
Does the association have the authority to sue on behalf of the unit owners, even if the unit owners aren’t in favor of bringing suit?
Rules and Regulations/Violations/Fines
13.
How much can a board fine a unit owner for a rule violation?
14.
Is there a procedure that an association must follow before levying a fine?
Condominium Documents/Amendments
15.
How does an association amend its bylaws?
16.
When does an amendment to the bylaws become effective?
Leasing/ Rentals
17.
Can the association charge me $100 to lease a unit?
18.
As a renter, do I have the same rights in using the common elements as a unit owner? As a unit owner, can the board keep me from using the common elements if I have rented my unit?
Insurance
19. Must the association insure its officers and directors?
20.
Does an association have to carry insurance on the condominium property?
21.
May an association self-insure?
Adult Communities/55 & Older Issues
22. How would a condominium or cooperative go about becoming an adult community (55 or older)?
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1. What items are considered official records of the association?
A copy of the plans, permits, and warranties provided by the developer; a photocopy of the recorded declaration of condominium and recorded bylaws, and amendments to both; a certified copy of the articles of incorporation; a photocopy of the cooperative documents; a copy of the current rules of the association; minutes of all meetings for the past 7 years; a current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers; current insurance policies; current copy of any management agreements, leases or other contracts; bills of sale; accounting records; records of all receipts and expenditures; a current statement of account for each unit; all financial reporting statements; all contracts and bids for work to be performed; ballots, sign-in sheets, and voting proxies up to one year; all rental records, if the association is acting as agent for the rental of units; a copy of the current question and answer sheet; a copy of the inspection report; and, all other records relating to the operation of the association. For a complete list of items, please review the following statutory cites:
Condominium: Section 718.111(12), F.S. and Rule 61B-23.002(7), F.A.C.
Cooperative: Section 719.104(2), F.S.
2. Can the board charge me a set or flat fee for copies of official records that I have requested?
Chapters 718 and 719, Florida Statutes, do not provide a flat fee for copies of the official records. However, upon inspecting the records of the association, a unit owner may obtain copies, at the reasonable expense, if any, of the unit owner. Further, the association must maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to the foregoing, as well as the question and answer sheet and, in the case of condominium associations, year-end financial information, on the condominium and cooperative property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents.
Condominium: Section 718.111(12)(c), F.S., and Rule 61B-23.002(7)(c), F.A.C.
Cooperative: Section 719.104(2)(c), F.S.
3. My association is involved in a lawsuit and has spent a considerable sum of money on legal fees. Unit owners have asked the board to allow them to review the records, but the board says they do not have the right to see such records. Are there any records of the association that should not be accessible to unit owners?
Unit owners do not have access to the following records: 1) until the conclusion of the case, any record prepared by an association attorney or prepared at the attorney’s express direction which reflects a mental impression, conclusion, litigation strategy or legal theory, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings; 2) information obtained in connection with the approval of the lease, sale, or other transfer of a unit; and 3) medical records of unit owners. Additionally, condominium unit owners do not have access to: 4) personnel records of association employees; 5) social security numbers, driver’s license numbers, credit card numbers, emergency contact information, and any addresses of a unit owner other than as provided to fulfill the association’s notice requirements; 6) any electronic security measure that is used by the association to safeguard data, including passwords; and 7) The software and operating system used by the association which allows manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association. For a complete list of items, please review the following statutory cites:
Condominium: Section 718.111(12)(c)1-7, F.S.
Cooperative: Section 719.104(2)(c)1-3., F.S.
4.
What can I do if the association refuses to allow me to inspect official records of the association?
The records of the association must be made available to a unit owner within 5 working days after receipt of a written request by the board or its designee. If the association fails to properly allow access to the records, a complaint may be filed with the Division of Florida Condominiums, Timeshares, and Mobile Homes.
The failure of an association to provide the records within 10 working days after receipt of a written request will create the presumption that the association willfully failed to comply. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages. Minimum damages will be $50 per calendar day up to 10 days, the calculation to begin on the 11th working day after receipt of the written request. In addition, the failure of the association to permit inspection of the association records entitles any person prevailing in an enforcement action to recover reasonable attorney's fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records. If a unit owner seeks to collect statutory damages from the association, the dispute should be filed for mandatory arbitration under section 718.1255, Florida Statutes. An appeal to the courts may follow the arbitration proceeding.
Condominium: Section 718.111(12)(b)&(c), F.S.
Cooperative: Section 719.104(2)(b)&(c), F.S.
5. Where do the official records of the association have to be maintained?
The official records of the association must be maintained within the state. In condominiums the official records must be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 5 working days after receipt of a written request by the board or its designee. The association may comply by having a copy of the official records of the association available for inspection or copying on the cooperative, condominium, or association property, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.
Condominium: Section 718.111(12)(b), F.S.
Cooperative: Section 719.104(2)(b), F.S.
6.
Am I entitled to a copy of our association’s previous budgets?
Accounting records for the association are a part of the official records of the association, and must be maintained for at least seven years. The official records of the association must be made available to a unit owner within five working days after the receipt of a written request by the board or its designee. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member.
Condominium: Section 718.111(12), F.S.
Cooperative: Section 719.104(2), F.S.
7. Does the law require me to give the association a key to my unit? And, does the association have the right to allow a pest control company access to my unit?
Chapters 718 and 719, Florida Statutes, do not specifically address the issues of providing keys to the association or access by the association for pest control. However, the association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association or as necessary to prevent damage to the common elements or to a unit. You may wish to review the documents of the association for clarification.
Condominium: Sections 718.111(5) and 718.113(1), F.S.
Cooperative: Section 719.104(1), F.S.
8. Does the board have the right to enter a unit in order to make sure that the hurricane shutters are properly secured?
The condominium board may operate hurricane shutters without the permission of the unit owner only where such operation is necessary to preserve and protect the condominium property. Further, the condominium or cooperative association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, and replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration, or as necessary to prevent damage to the common elements or to a unit or units.
Condominium: Sections 718.113(5), and 718.111(5), F.S.
Cooperative: Not addressed in Chapter 719, F.S.
9. Can the unit owners stop the board from hiring a management company?
The operation of the association will be governed by the articles of incorporation, if the association is incorporated, and the bylaws of the association. You may wish to review the association’s documents to determine whether the unit owners or the board has the right to approve hiring a management company.
Chapters 718 and 719, Florida Statutes, do not require the association to hire a manager. However, the Florida Administrative Code, states that if a condominium board of directors chooses to employ a manager, it must only employ a licensed community association manager where licensure is required by section 468.431, Florida Statutes.
Condominium: Section 718.112(1), F.S., and Rule 61B-23.001(4), F.A.C.
Cooperative: Section 719.106(1)(a)1., F.S.
10.
May the association pay a board member for his or her services as a board member?
Unless otherwise provided in the bylaws of the association, the members of the board will serve without compensation. However, if compensated, a board member may require licensure as a community association manager in accordance with Chapter 468, Florida Statutes.
Condominium: Section 718.112(2)(a) 1., F.S.
Cooperative: Section 719.106(1)(a) 1., F.S.
11.
Does the association have the authority to sue on behalf of the unit owners, even if the unit owners aren’t in favor of bringing suit?
The condominium association may contract, sue, or be sued with respect to the exercise or non-exercise of its powers. The condominium association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all unit owners concerning matters of common interest to most or all unit owners. The cooperative association’s powers and duties include those provided in Chapter 719, Florida Statutes, the articles of incorporation, bylaws, and Chapters 607 and 617, Florida Statutes, as applicable.
Condominium: Section 718.111(3), F.S.
Cooperative: Section 719.104(10), F.S.
12. I sent a letter to the board asking it to force an adjacent unit owner to abide by association rules. The board failed to respond to my letter and refuses to take my telephone calls. What can I do?
When a unit owner files a written inquiry by certified mail with the board, the board must respond in writing to the unit owner within 30 days of receipt of the inquiry. The Division does not have jurisdiction over this particular matter in unit owner controlled condominium associations. Condominium unit owners may wish to seek the advice of an attorney.
Condominium: Section 718.112(2)(a)2., F.S.
Cooperative: Section 719.106(1)(a)2., F.S.
13.
How much can a board fine a unit owner for a rule violation?
If the cooperative documents so provide, the association may levy reasonable fines against a unit owner for failure to comply with any provision of the cooperative documents or reasonable rules of the association. No fine may exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, provided that no such fine shall in the aggregate exceed $1,000. No fine may become a lien against a unit. Condominium associations may levy fines in the above manner, even if the condominium documents do not provide for such fines.
Condominium: Section 718.303(3), F.S.
Cooperative: Section 719.303(3), F.S.
14.
Is there a procedure that an association must follow before levying a fine?
A fine can not be levied except after the association has provided the unit owner with reasonable notice and an opportunity for a hearing before a committee of other owners. If the committee does not agree with the fine, the fine may not be levied.
Condominium: Section 718.303(3), F.S.
Cooperative: Section 719.303(3), F.S.
15.
How does an association amend its bylaws?
The method used to amend the bylaws should be located within the bylaws of the association and should be consistent with the provisions of Chapter 718 or 719, Florida Statutes. If the bylaws fail to provide a method of amendment, the bylaws may be amended if the amendment is approved by the owners of not less than two-thirds of the voting interests. Proposals to amend existing bylaws must contain the full text of the bylaws to be amended; new words must be inserted in the text underlined, and words to be deleted must be lined through with hyphens. If the change is so extensive that this procedure would hinder, rather than assist, the understanding of the proposed amendment, it is not necessary to use underlining and hyphens as indicators of words added or deleted, but, instead, a notation must be inserted immediately preceding the proposed amendment in substantially the following language: "Substantial rewording of bylaw. See bylaw ___ for present text."
Condominium: Section 718.112(2)(h), F.S.
Cooperative: Section 719.106(1)(h), F.S.
16. When does an amendment to the bylaws become effective?
Amendments to condominium bylaws become effective when they are recorded in the public records of the county where the declaration of condominium is recorded.
Condominium: Section 718.112(1)(b), F.S.
Cooperative: Not addressed in Chapter 719, F.S.
17. Can the association charge me $100 to lease a unit?
This type of charge is generally referred to as a transfer fee. If an association is required by its documents to approve the transfer (sale, mortgage, lease, etc.) of a unit, the association may charge a fee, if a fee for such approval is provided for in the condominium or cooperative documents. The maximum charge allowable is $100 per applicant, and no charge may be made on renewals with the same lessee or sublessee.
Condominium: Section 718.112(2)(i), F.S.
Cooperative: Section 719.106(1)(i), F.S.
18. As a renter, do I have the same rights in using the common elements as a unit owner? As a unit owner, can the board keep me from using the common elements if I have rented my unit?
When a unit is leased, the tenant has all use rights of the association property and common elements that otherwise would be available for use by unit owners. The association may adopt rules to prohibit duel usage by the unit owner and the tenant.
If a condominium unit owner is delinquent for more than 90 days in paying a monetary obligation due to the association, the association may suspend the right of a unit owner or a unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the monetary obligation is paid. This does not apply to limited common elements intended to be used only by that unit, common elements that must be used to access the unit, utility services provided to the unit, parking spaces, or elevators.
Condominium: Sections 718.106(4) and 718.303(3)-(5), F.S.
Cooperative: Section 719.105(3), F.S.
19.
Must the association insure its officers and directors?
The association may obtain liability insurance for its officers and directors. And, the association must maintain insurance or fidelity bonding of all persons who control or disburse funds of the association; this includes, but is not limited to, those individuals authorized to sign checks on behalf of the association, and the president, secretary, and treasurer of the association. This insurance is a common expense of the association.
Condominium: Section 718.111(11)(e) and (h) F.S.
Cooperative: Sections 719.104(3), and 719.106(1)(k), F.S.
20. Does an association have to carry insurance on the condominium property?
An association must use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property that must be insured by the association in accordance with section 718.111(11), F.S. Additional insurance may be required by the association documents and the statutes.
Condominium: Section 718.111(11), F.S.
Cooperative: Section 719.104(3), F.S.
21.
May an association self-insure?
A condominium association may provide adequate property insurance coverage through a self-insurance fund that complies with the requirements of sections 624.460-624.488, F.S. A cooperative association may self-insure against claims against the association, the association property, and the cooperative property required to be insured by an association, upon compliance with the applicable provisions of sections 624.460-624.488, F.S.
Condominium: Section 718.111(11), F.S.
Cooperative: Section 719.104(3), F.S.
22.
How would a condominium or cooperative go about becoming an adult community (55 or older)?
A property must meet certain requirements of the Federal Fair Housing Act to be designated as an adult community. The Florida Commission on Human Relations administers (FCHR) the Federal Fair Housing Act in Florida. You may contact the FCHR at 1.800.342.8170, or on the Internet at: http://fchr.state.fl.us.
Condominium: Not addressed in Chapter 718, F.S.
Cooperative: Not addressed in Chapter 719, F.S.