Association Records That Are Not Available for Inspection

Most people who live in Florida live in some form of a residential development that is typically managed by a community association that governs, maintains, and administers the development. In Florida, community associations are regulated by Florida Statutes, which have increasingly emphasized transparency in recent years, particularly with regard to records that are made and maintained by community associations.

One of the primary ways that transparency is achieved is through allowing homeowners to obtain access to association records without having to demonstrate a proper purpose for inspecting such records. Florida law outlines which records an association must keep, how long they must be retained, and the process that owners must follow to request and obtain an inspection opportunity. The statutes also set clear deadlines for when an association must respond to a written inspection request and provide access to the requested records.

However, the legislature also recognizes the need for some association official records to remain inaccessible to the members. The Florida Statutes identify certain categories of records that are exempt from member inspection and otherwise unavailable to members. Generally speaking, these exceptions are intended to protect confidentiality, privacy, and sensitive information.

Records protected by the attorney-client privilege are not available for inspection, nor are records covered by the work-product privilege. The work-product privilege includes documents prepared by the association’s attorney or at the attorney’s direction that reflect legal strategy, mental impressions, conclusions, or theories, particularly when created in anticipation of litigation or adversarial proceedings. The work-product protections remain in place until the underlying matter is resolved. However, the attorney-client privilege does not have an ending date like the work-product privilege does.

Information collected by an association in connection with the approval of a lease, sale, or other transfer of a parcel is also exempt. Similarly, in gated HOA communities, information gathered regarding guests visiting owners or residents is not part of the records available for inspection.

Personnel records of association or management company employees are also not accessible to members. This includes sensitive materials such as disciplinary history, payroll details, health information, and insurance records. However, written employment agreements and financial or budget documents that show employee compensation are not considered personnel records and may be subject to inspection.

Medical records of owners and residents are protected and cannot be made available for inspection. In addition, personal identifying information is generally exempt. This includes social security numbers, driver’s license numbers, credit card information, phone and fax numbers, email addresses, emergency contact details, and any alternative addresses provided by owners, with the exception of the individual’s name, parcel designation, mailing address, and property address. While email addresses are generally inaccessible, if the owner has provided the association with written consent to receive association notices electronically, the email address provided by the owner to fulfill the association’s notice requirements may be inspectable. Associations may still distribute directories that include names, addresses, and telephone numbers, and owners may request in writing to exclude their phone numbers or consent to the disclosure of additional contact information. Associations are not liable for the disclosure of protected information if it is voluntarily provided by the owner and included in the official records of the association.

Security-related information is also protected. This includes any electronic security measures used to safeguard data, such as passwords. Likewise, the software and operating systems used by the association to manage or manipulate data are not subject to inspection, even if owners have access to similar software. The underlying data itself remains part of the association’s official records.

Finally, any affirmative acknowledgments made pursuant to Sections 718.121(4)(c), 719.108(3)(b)3., and 720.3085(3)(c)3., Florida Statutes, are inaccessible to owners. These are explicit written or electronic confirmations by an owner that verify the owner understands and agrees that their association will be changing how it delivers assessment invoices or account statements.

Taken together, these provisions strike a balance between transparency and the need to protect confidential, private, and sensitive information within community associations.