In Florida statutes are easily found and there are a great many attorney’s who specialized in community HOA law.
New HOA rule: No kids playing outside! | Momania: A Blog for Busy Momshomeowners association in Edgewater, Fla.,
Florida homeowners have a right to open records.
Attachment of Rents. Last year , Chapter 720 of the Florida Statutes was amended to authorize a homeowners’ association to require that a parcel owner’s tenant pay rent directly to the homeowners’ association if a parcel owner is delinquent in paying monetary obligations to the homeowners’ association. The current legislation clarifies that what was previously referred to as “future monetary obligations” includes all subsequent rent due from the tenant to the parcel owner and must be paid to the homeowners’ association until all delinquent accounts are paid in full. The legislation also provides a form demand letter required to be sent to tenants by the homeowners’ association that explains the tenant’s obligation to pay rent to the homeowners’ association, and clarifies that the tenant is immune from any claim by the landlord/unit owner relating to the rent which is timely paid to the homeowners’ association after the homeowners’ association has made a written demand for rent from the tenant.
Homeowners residing in a HOA requesting from the HOA a complete list of members/homeowners who are delinquent as well those members/homeowners who are in current legal status:
Fl Statute 720;303, which is how you must request that information and how the association is to provide you with it. I myself do have issues with providing what you are requesting because some of this may go to litigation. Your association may feel the same way and in that case, YOU MAY NOT GET ALL OF WHAT YOU WANT TO REVIEW. The new HOA bill requires that any document inspection by a member, be sent written by certified mail.
(5) INSPECTION AND COPYING OF RECORDS.–The official records shall be maintained within the state and must be open to inspection and available for photocopying by members or their authorized agents at reasonable times and places within 10 business days after receipt of a written request for access. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community. If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.
(a) The failure of an association to provide access to the records within 10 business days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this subsection.
(b) A member who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply with this subsection. The minimum damages are to be $50 per calendar day up to 10 days, the calculation to begin on the 11th business day after receipt of the written request.
(c) The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not impose a requirement that a parcel owner demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owner’s right to inspect records to less than one 8-hour business day per month. The association may impose fees to cover the costs of providing copies of the official records, including, without limitation, the costs of copying. The association may charge up to 50 cents per page for copies made on the association’s photocopier. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside vendor and may charge the actual cost of copying. The association shall maintain an adequate number of copies of the recorded governing documents, to ensure their availability to members and prospective members. Notwithstanding the provisions of this paragraph, the following records shall not be accessible to members or parcel owners:
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, but not limited to, any 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 was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings or which was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings until the conclusion of the litigation or adversarial administrative proceedings.
2. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel.
3. Disciplinary, health, insurance, and personnel records of the association’s employees.
4. Medical records of parcel owners or community residents.