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It is in the interest of the courts to that Florida HOA records are accessible so as to ensure that it is possible to resolve difference before bringing them to an authoritative adjudicating body. This process is a mandatory form of discovery codified in Florida Statutes between HOAs and owners.

Specific records relevant to litigation were not provided by the HOA. These records are required by statute to be accessible in the Association records.

Assume plaintiff documents that specific relevant litigation records were not provided by the association. The Association attempts to defend with records, that were required to be available to the plaintiff by Florida statute. Is there any reason why the plaintiff can not seek to preclude these records from being introduced? Is the correct term for prevention of said records introduction: evidence estoppel?

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Normally, this would be a discovery sanction sought by motion under a court rule of civil procedure. The federal rule and the rule in state courts with parallel numbering is Rule 37.

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  • Thanks for the reply. Are you indicating that a "discovery sanction" is the term for precluding evidence because said evidence was not disclosed upon request?
    – gatorback
    Commented May 25, 2021 at 0:51
  • @gatorback Yes. That is correct.
    – ohwilleke
    Commented May 25, 2021 at 0:56

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