"Reasonable Rules"

Question

Florida FS718.111 (c) 1 indicates a Homeowners' Association (HOA) may adopt reasonable rules for access to the association records, given that a professional Certified Apartment Manager (CAM) provides access to the records. The issue is when the rules dictate a 30-minute time limit to inspect the records.

Questions:

• Does the quoted section of statue enable an HOA to limit the inspection duration?
• If yes, then how is reasonable determined when determining a time limit?
• How does a documented precedent of a 1 hour scheduled inspection affect the issue?

FS718 Subsection hyperlink:

(c)1. The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member or authorized representative of such member. A renter of a unit has a right to inspect and copy the association’s bylaws and rules. The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying. The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply. Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request. The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.

Answer 1

In any law or government regulation, a requirement that a practice or rule must be "reasonable" means that it is initially up to the judgement of the responsible party, and ultimately up to the judgement of a court if it is challenged. Unless this provision has been reviewed by a court which has ruled on what kind of limits on access are "reasonable", and that decision has been appealed to a court that publishes written opinions (and I can't find such a case on a quick Google search) there is no binding precedent, and ther is no way to be sure what a court would consider reasonable.

a 30 minute limit seems rather restrictive to me, but there may be specific circumstances I am not aware of. But since the code clearly provides that the association must also provide a copy of the records on request, one obvious solution is to request the copy, and then inspect the copy at one's leisure.

If you want to challenge the restriction as unreasonable, you will probably need to consult a lawyer who knows this area of Florida law. But you could always start with a polite request for a longer access time. If you explain your reasons, it might be granted without legal action.