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.
- 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?
(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.