0

In Florida, HOAs are required to provide records to owners. Owners must provide a written request for. Is an email to the hired record keeper a written request?

Update: Assume for the exercise that recipient replies to the message indicating that the message is read.

  • Can you prove the record keeper actually read the email request? They might say it went to their Spam/Junk folder..... – abelenky Sep 6 at 13:59
  • 1
    @abelenky the law doesn’t require recipients to read stuff, only to receive it. Email in a spam/junk folder has been legally received. – Dale M Sep 6 at 22:16
  • Generally speaking emails count as signed writings subject to more specific statutory provisions. – ohwilleke Oct 7 at 23:44
1

Although Florida law simply says that records

shall be made available to a parcel owner.. within 10 business days after receipt by the board or its designee of a written request

what else you may want to know is that

The failure of an association to provide access to the records within 10 business days after receipt of a written request submitted by certified mail, return receipt requested, creates a rebuttable presumption that the association willfully failed to comply with this subsection.

The teeth in the record law is/are that

A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection.

Technically, email constitutes a written request, but there is no penalty for failing to comply with a written request, there is a penalty for failing to timely comply with a written request submitted by certified mail, return receipt requested.

0

Yes

So is a text message or Facebook or Whatsapp post.

However, strange and different rules of service (i.e. when and how they have legal effect) may apply to different methods.

  • 2
    Please consider adding a reference \ precedent to support the answer? – gatorback Sep 7 at 22:09

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.