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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.

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  • Can you prove the record keeper actually read the email request? They might say it went to their Spam/Junk folder.....
    – abelenky
    Commented Sep 6, 2019 at 13:59
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    @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
    Commented Sep 6, 2019 at 22:16
  • Generally speaking emails count as signed writings subject to more specific statutory provisions.
    – ohwilleke
    Commented Oct 7, 2019 at 23:44

2 Answers 2

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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.

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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.

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    Please consider adding a reference \ precedent to support the answer?
    – gatorback
    Commented Sep 7, 2019 at 22:09

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