CONDOMINIUM-COOPERATIVE OFFICIAL RECORDS REQUIREMENTS
Publication date: 26 août 10 09:00:00
Section 718.111(12) of the Condominium Act and Rules
61B-22.002, 61B-22.003(3), 61B-23.002(5) and 61B-23.0021(13) of the Florida
Administrative Code provide guidelines for the maintenance and inspection of
the association's official records. Florida
law requires that condominiums maintain the official records of the association
within the state for at least 7 years. The records of the association shall 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.
Par Louis S. St. Laurent II
In addition to the right to inspect the official records, unit owners have the right to make or obtain copies when they inspect the records. A reasonable fee may be charged for copies. A fee cannot be charged simply for the inspection of records. Reasonable rules regarding the frequency, time, location, notice and manner of record inspections and copying may be adopted by the association.
The official records of a condominium or cooperative, which must be kept, are listed below :
1. Copies of the plans, permits, warranties and other items provided by the developer.
2. Copies of the recorded declaration for each condominium, articles of incorporation, bylaws and any amendments to them and the current rules of the association.
3. Book containing minutes of all association, board and unit owner meetings. Minutes must be kept for at least seven years.
4. Current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and if known, telephone numbers. The roster must also include the email addresses and fax numbers of those owners who have consented to receiving communications by these means. The electronic mailing addresses and telephone numbers must be removed from association records if consent to receive notice by electronic transmission is revoked.
5. Current insurance policies.
6. Current copy of any management agreement, lease or other contract under which the association is a party or the unit owners has an obligation or responsibility.
7. Bills of sale or transfer for all property owned by the association.
8. Accounting records for the association and separate accounting records for each condominium the association operates, for a minimum of seven years, including but not limited to: a) Itemized records of all receipts and expenditures,
b) Current statement of account for each unit owner including the unit owner's name, the due date and amount of each assessment, the amount paid on the account and the balance due,
c) All audits, reviews, accounting statements and financial reports of the association,
d) All contracts for work to be performed, including bids for work to be performed which must be maintained for one year.
9. Ballots, sign-in sheets, voting proxies and all other papers relating to voting by unit owners. These items must be kept for a period of 1 year from the date of the election, vote, or meeting to which the document relates.
10. All rental records when the association is acting as a rental agent.
11. Current Frequently Asked Questions and Answers sheet.
12. Other documents related to the operation of the association. The following are examples:
a) Correspondence and other written communication from the Division,
b) Invoices for purchases made by the association,
c) Copies of all insurance records,
d) Audio and video recordings made by the board or a committee of the board at least until the minutes of the meeting recorded are approved.
13. A copy of the inspection report as required in s. 718.301(4)(p).