HOA Q&A: Does law provide for free copies of official HOA records?

Editor’s note : Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law.  The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, civil litigation, estate planning and commercial transactions.

Q: I made a request to inspect and copy the official records of my HOA.  I only asked to see about 10 pages of records.   I was told that I had to pay 25 cents per page for the records.  I thought the HOA law provided that an owner could get up to 25 pages free of charge.  Is this true? --- N.A., city not given

A: No, it is not true.  Section 720.303(5), Florida Statutes, provides that if the association has a “photocopy machine” on-site, then you can use it to copy up to 25 pages of records.  However, the same statute provides that the association may charge up to 25 cents per page for copies made on the association’s photocopier . If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice.  The Florida Condominium Act and Florida Cooperative Act do not contain the photocopy machine provision found in the Florida Homeowners’ Association Act.

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Q: Can my Association lien my property if I do not pay a fine that the Board imposed on me? -- unsigned, Miami

A: It depends.  If you live in a condominium or cooperative association, the answer is no, because Chapter 718, Florida Statutes (the Condominium Act), and Chapter 719, Florida Statutes (the Cooperative Act), both expressly prohibit the Association from filing a lien to secure payment of a fine.  These Acts also both cap fines at $100 per day up to $1,000 for a continuing violation, such as parking a pick-up truck in the driveway for 10 days.  Conversely, Chapter 720, Florida Statutes (the Homeowners’ Association Act), provides for fines of up to $100 per day per violation and allows fines for a continuing violation to accrue to $1,000, but these limits can be increased if the HOA governing documents allow for it. Also, Chapter 720 provides that the HOA can lien for fines that have accrued to $1,000 or more.

Destiny Goede, Esq., is an attorney at the law firm Goede, DeBoest & Cross.  Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com .  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

This article originally appeared on Treasure Coast Newspapers: HOA Q&A: Does law provide for free copies of official HOA records?