By Eric Glazer, Esq.

Published April 22, 2013

In both Florida condominiums and homeowner associations, unit owners are entitled to see virtually all of the association's official records.  There are very few records that members cannot see and here they are:

1. Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege, including a record prepared by an association attorney or prepared at the attorney’s express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.

2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.

3. Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. For purposes of this subparagraph, the term “personnel records” does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.

4. Medical records of unit owners.

5. Social security numbers, driver’s license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements. 

6. Electronic security measures that are used by the association to safeguard data, including passwords.

7. The software and operating system used by the association which allow the manipulation of data.

The statute seems pretty clear.  If the record does not fall within one of these seven exceptions, the unit owner can see it.  Then how is it that associations think they have the authority to enter into confidential settlement agreements like the one just entered into between Treyvan Martin's family and the association where George Zimmerman was in charge of security?  I say they can't and every unit owner who wants to know the precise details of that settlement has the authority to see the settlement documents.

In Yacht Club Southeastern Inc. v. Sunset Harbour North Condominium Association, Inc. 843 So.2d 917 (3rd DCA, 2003) the association  sued the developer for construction defects. The parties participated in a court-ordered mediation but failed to reach an agreement. Subsequently the developer wrote a six page letter to all individual unit owners, purportedly to inform them of the status of the legal proceedings. The letter included the amount of a settlement offer made by the developer, which amount had been rejected by the Sunset Association during mediation.  The Sunset Association moved for sanctions, complaining of disclosure by the developer of confidential information and the trial court agreed.  On appeal however, the appellate court reversed, holding that the developer did nothing wrong by disclosing the confidential communications that took place at mediation to the unit owners, because they were the real parties in interest.

When I teach the Board Certification Seminar, many people in the audience gasp when they learn that even the account ledger of a unit owner can be seen by every other unit owner.  That's because as a unit owner you are the real party in interest and have the right to know about the financial status of the community that you live in, and absent those few exceptions named above, you get to see everything. 

Have you been denied access to certain records that the Board or management company said are not available for the eyes of the unit owners?  What records did you want to see and were you ultimately able to get them?