Florida HOAs are required to provide access to "written" request for HOA recrods. The link states:
Florida Statue 720.303 (5) states that official records must be maintained within the state for at least 7 years and be made available to parcel owners for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request.
The statue indicates conditions willfull miscompliance:
(a) 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.
If an email request for specific record receives a response from the association representative indicating that they will provide the record when they reopen their office (Florida is not under orders to close businesses), does the reply start the 10 day clock?
Assume access is not provide within 10 days of the reply to the email (which confirmed that original message has been received).
- Is the email reply (which confirm receipt of the request) enough to confirm miscompliance?
- Does Florida Law recognize email as the equivalent of certified mail, when there is a reply to the email?
- Does certified (snail) mail confer anything beyond proof of a message sent?
I would like to understand if it is necessary to send certified mail to "start the 10-day clock": or does Florida recognize a response to an email as the equivalent to certified mail.