Official Records for Condominium Associations
Condominium living is a way of life in Florida. These statutory organizations are responsible for conducting the everyday business affairs of the community. The creation and maintenance of documents is an essential part of properly running a condominium association. Section 718.111(12) of the Florida Condominium Act and Rules 61B-22.002, 61B-22.003(3), 61B-23.002(7) and 61B-23.0021(14) of the Florida Administrative Code provide clear direction and guidelines for the maintenance and inspection of the condominium association’s official records. This blog post will identify the different categories that constitute condominium association official records.
The official records of a condominium association are specifically identified in Section 718.111(12), Florida Statutes. Below is a complete list of official records for condominium associations:
- A copy of the plans, permits, warranties, and other items provided by the developer pursuant.
- A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
- A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
- A certified copy of the articles of incorporation of the association, or other documents creating the association, and each amendment thereto.
- A copy of the current rules of the association.
- A book or books that contain the minutes of all meetings of the association, the board of administration, and the unit owners, which minutes must be retained for at least 7 years.
- A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the electronic mailing addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided. The association is not liable for an inadvertent disclosure of the electronic mail address or facsimile number for receiving electronic transmission of notices.
- All current insurance policies of the association and condominiums operated by the association.
- A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility.
- Bills of sale or transfer for all property owned by the association.
- Accounting records for the association and separate accounting records for each condominium that the association operates. All accounting records must be maintained for at least 7 years. Any person who knowingly or intentionally defaces or destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant. The accounting records must include, but are not limited to:
- Accurate, itemized, and detailed records of all receipts and expenditures.
- A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment, the amount paid on the account, and the balance due.
- All audits, reviews, accounting statements, and financial reports of the association or condominium.
- All contracts for work to be performed. Bids for work to be performed are also considered official records and must be maintained by the association.
- Ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates.
- All rental records if the association is acting as agent for the rental of condominium units.
- A copy of the current question and answer sheet required by the F.A.C.
- All other records of the association not specifically included in the foregoing which are related to the operation of the association.
- A copy of the inspection report as described in s. 718.301(4)(p).
Condominium association board members and the condominium association manager need to have a clear and thorough understanding of the condominium association official records in order to comply with Florida law. Our next posting will discuss what documents are specifically excluded from the condominium association official records. For more information on Condominium Association Law, visit: https://www.cobbgonzalez.com/category/community-association-law/
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