With the governor signing HB 1203, all homeowners’ associations must review their process for providing the community public records homeowners are entitled to receive.
Not doing so – and not clearly understanding the new law – could give board members criminal records, including the possibility of a third-degree felony.
To be clear, those new criminal penalties are tied to a willful and intentional effort to harm the association or resident, but it’s best to follow the law in all cases and not leave a director’s actions to be interpreted by law enforcement and the courts.
The attorneys at The Orlando Law Group represent more than 100 communities in Central Florida. If you live in Orlando, Winter Garden, Altamonte Springs, Kissimmee or anywhere throughout Central Florida, The Orlando Law Group is ready to help you.
How have records been treated in the past?
When it comes to public records of a homeowners’ association, there were no reductions of standards in the new bill. As it was at the beginning of the year, all official records of the association are to be available for inspection by any parcel owner in the community.
The list of what constitutes an “official record” and what is exempt from that designation is significant. The Orlando Law Group wrote an entire article specifically outlining all of the official records.
It is extensive and still applies today.
What also applies is the timeline for delivering those records to a parcel owner. When someone requests an official record of the association, communities are required to provide such records to the homeowner within 10 days of a written request.
If you don’t produce the records in 10 days, the homeowner is eligible for any damages created by the delay, but at a minimum $50 per day after the 10th day, up to $500.
How will I be criminally charged?
In South Florida, there is a long-running court case over condo association records. The association has been fined more than $300,000 by various state and federal courts. You can read all about Boca View which we used as an example on record laws for associations.
While that one is extreme, there are cases throughout Florida where an association tried to stall releasing records or just not providing records.
With the new law, criminal charges now revolve around the intent of the association in denying or delaying the records and was there an intent to harm the homeowner requesting the records.
Put it this way, let’s say a homeowner has made multiple records requests or asked in a way a director perceived as a being a jerk. The director wants to get a little revenge, so she holds back on the records and doesn’t send them for a couple of weeks.
Guess what? The director could be found guilty of a second-degree misdemeanor, with a fine of $500 and up to 60 days in jail starting June 1.
Now, let’s say the homeowner has been calling that director all sorts of names on Facebook, just being the worst keyboard warrior. The homeowner has rallied all of her neighbors against the director and now the director wants even more revenge, deleting the records that the homeowner wanted.
Unfortunately, the director is now open to prosecution on a first-degree misdemeanor, which includes a $1,000 fine and up to one year in jail.
The final way a director can be charged criminally is if the director refuses to provide records to keep another crime from being discovered. Of course, there are probably other things that will put that director in jail, but just trying to cover up a crime through destroying records is now a third-degree felony, with up to five years in prison.
What can be done to avoid these new charges?
For the most part, homeowners’ associations have been operating within the law – even the new one – and understand why it is important to provide those official records to homeowners.
Of course, emotions can take hold for anyone, even the most seasoned association managers, and mistakes can happen.
That’s why it is essential to review an association’s policies to provide records of the association to all homeowners.
In addition, there are a significant number of new requirements in the law that require homeowners’ associations to have official records on an association website. These records can be password protected, but it is a good practice to put as many records as possible on the association’s website.
That way, when someone requests the budget or financial reports, a simple response to review them on the website will keep associations from violating the new law.
The attorneys at The Orlando Law Group can help association board members and managers in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.
If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Last Updated on June 12, 2024 by The Orlando Law Group
