They won't give me records
You asked the association for records and it is stalling, charging too much, or refusing. Here is the path Florida owners generally follow, one step at a time. You decide which steps to take.
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1
Put your request in writing
Send a written request that names the specific official records you want to inspect or copy. You do not have to give a reason. Send it certified mail, return receipt requested, so you can prove the date it was received.
The response clock starts when the association receives it. If it misses the deadline or refuses, move to the next step.
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2
Demand access and put the penalty on the record
Send a demand that cites the records statute and the daily penalty the law provides for failing to give access (the exact amount is in the guide). This tells the board you know the rule and are keeping a record for later.
If the association still refuses, the path splits depending on whether you are in an HOA or a condo, because condos have a state regulator and HOAs do not.
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3
Offer pre-suit mediation
An HOA has no state records regulator, so the enforcement route runs through the courts, and Florida requires most HOA disputes to attempt pre-suit mediation first. Offer mediation in writing.
If mediation does not resolve it, small claims for the penalty is the last rung.
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4
Small claims for the penalty
Florida law provides money damages for a wrongful failure to give access. Small claims court is built to be used without a lawyer for amounts up to $8,000.
This is the end of the records ladder.
-
1
Put your request in writing
Send a written request that names the specific official records you want to inspect or copy. You do not have to give a reason. Send it certified mail, return receipt requested, so you can prove the date it was received.
The response clock starts when the association receives it. If it misses the deadline or refuses, move to the next step.
-
2
Demand access and put the penalty on the record
Send a demand that cites the records statute and the daily penalty the law provides for failing to give access (the exact amount is in the guide). This tells the board you know the rule and are keeping a record for later.
If the association still refuses, the path splits depending on whether you are in an HOA or a condo, because condos have a state regulator and HOAs do not.
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3
Take it to the state
A condominium has a real regulator. File a complaint with the DBPR Division of Condominiums to enforce records access. (The Condominium Ombudsman helps with elections and board communication, but records enforcement runs through the Division complaint and the courts.) This is an enforcement route condos have that HOAs do not.
If DBPR does not resolve it, small claims for the penalty is the last rung.
-
4
Small claims for the penalty
Florida law provides money damages for a wrongful failure to give access. Small claims court is built to be used without a lawyer for amounts up to $8,000.
This is the end of the records ladder.
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Open any step above, fill the letter in yourself, and send it. Start with the first one.
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