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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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Under florida statute 720.303,"the official records

Customer Question

under florida statute 720.303,"the official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying"........are election records of the board of directors of the community association, considered official records and are they allowable for the property owner to inspect these records or a recap of them held by the managing agent of the association
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today.

The statute does not specifically list voting records as documents that must be maintained by the association and made available to the membership. There is a catch-all clause for "All other written records of the association not specifically included in the foregoing which are related to the operation of the association." However, it could be argued that voting records are NOT related to the operation of the association - they're only related to establishing the make-up of the association. HOAs generally wouldn't keep a log of how people voted after the election, and that statute doesn't require them to make one or show it to the homeowners.

Fl. Stat., Section 720.306 governs votes, and it doesn't require the board to keep voting records. It does say that boards can do voting by secret ballot if allowed by the declaration, and in that case, they'd never have voting records to show. Note that the same statute gives homeowners 60 days to dispute an election by submitting a request for binding arbitration.

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Expert:  Lucy, Esq. replied 1 year ago.

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