Affirmative acknowledgements All affirmative acknowledgments made pursuant to F.S. 720.3085(3)(c)3. This is a document that acknowledges a person’s understanding that the association will make certain changes or additions to a process or procedure that the governing documents or a Florida statute requires before the association can make that specific change or addition. The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the residential subdivision or the association other than information or documents required by Florida statute to be made available or disclosed. What if a prospective buyer wants information about the association? The association or its authorized agent may charge a reasonable fee to the prospective purchaser, lienholder, the current parcel owner, or member for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder. Other than that required by law, if the fee does not exceed $150 plus the reasonable cost of copying and any attorney fees incurred by the association in connection with the response. A written policy or an inclusion in the management contract is a good idea here. Estoppels This is not the same provision as the authorization to charge for the preparation and delivery of an estoppel certificate. F.S. 720.3051(6) provides an association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250. Additional fees may be charged depending on the status of the property. In accordance with Chapter 2017-93, Laws of Florida, the DBPR shall periodically calculate the fees for estoppel certificates, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website. The next update will be released by July 1, 2027. Currently, according to the DBPR, the fee for the preparation and delivery of an estoppel certificate may not be more the $299 for condominiums, cooperatives, and HOAs. Caution! There is conflict in this provision and the HOA statute. An association or authorized agent that prepares and delivers an estoppel certificate should consult with their association attorney on this. Subpoenas This is for when law enforcement is involved. If an association receives a subpoena for records from a law enforcement agency, the association must provide a copy of those records or make the records available for inspection and copying to a law enforcement agency within five business days after receipt of the subpoena (unless otherwise specified by the law enforcement agency or subpoena). An association must assist a law enforcement agency in its investigation to the extent permissible by law. None of the provisions of statute related to inspection and copying of association records are to be taken lightly. An association’s attorney is often the best source of counsel relating to policy creation, board resolutions, and best practices of the management staff and firm assurance. An association, directors, officers, and CAM and management firm may be subject to penalties including fines, suspensions, or revocations.
Property transfer Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel. Often an association will require the submission of a completed application package from a prospective new owner or tenant. Along with the application, some associations require other documentation, such as a copy of a driver’s license, financial records for a set period of time, credit report, and more. These are the types of information this provision protects. Gated HOA Information a gated-community association obtains in connection with guests who visit community residents and parcel owners. Personnel records Records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records. The term “personnel records” does not include written employment agreements with an association or management company employee or budgetary or financial records that indicate the compensation paid to an association or management company employee. Medical records This includes any medical records in the parcel owners files. Some board members assume that they don’t keep medical records in members’ files, but what if a homeowner requested to install a ramp on their house and complied with the HOA requirement to provide a letter of medical necessity for the ramp; or a new parcel owner or tenant advised that they have a service animal and as part of their good faith efforts, included documentation that included a diagnosis for which a service animal is necessary. The lesson here is that the association and management should protect the rights of the association and members and in some cases its prospective members and tenants from allowing access to confidential information such as medical records. Personal information This includes information, such as Social Security numbers, driver’s license numbers, credit card numbers, electronic mailing addresses, telephone numbers, fax numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identification information of any person. This excludes the person’s name, parcel designation, mailing address, and property address, however. An association may print and distribute to parcel owners an owners’ directory that includes their name, parcel address, and telephone numbers. An owner can request in writing to exclude their telephone numbers. The association is not liable for the disclosure of this information if the information is included in an official record and is voluntarily provided by an owner and not requested by the association. Data security Any electronic security measures that are used by the association to safeguard data, including passwords. Operating system information The software and operating system used by the association that allows the manipulation of data, even if the owner owns a copy of the same software used by the association. The data is part of the official records of the association.
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