Wednesday, September 2, 2009

Problems in Getting Condo Documents?

Here is what you need to do if your requests for documents are unproductive:

Pursuant to Section 718.111(12)(c), F.S.
-- The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the association member. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.

Pursuant to Section 718.111(12)(c)1., F.S.

-- Any record protected by the lawyer-client privilege as described in s. 90.502; and any record protected by the work-product privilege, including 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 of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.
Pursuant to Section 718.501(d)7, F.S.
--If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s. 718.112.

If you have questions: Phone Customer Contact Center at 800-226-9101 The hours of operation are 8:00 a.m. - 6:00 p.m., Monday through Friday or write/fax to:
Michael Cochran, Director
1940 N. Monroe Street
Northwood Centre, Suite #16
Tallahassee, FL 32399-1030
Phone: 850.488.1631
Fax: 850.921.5446