Record Requests & Inspection Rules Policy
Last Updated
April 18, 2025 at 12:00:44 AM
Purpose:
To ensure efficient management of official records requests and to prevent unnecessary duplication and associated expenses, the Association establishes the following policy in accordance with Florida Statutes §720.303(5).
Policy:
1. Records Request Limitation (30-Day Rule):
Each Association member is permitted to submit one official records request per 30-calendar-day period. The request should encompass all documents the member seeks during that timeframe. Additional requests submitted within the same 30-day window may be declined without further review.
2. Submission Requirements:
All records requests must:
Clearly identify the records being requested.
Be signed by the requesting member
Member must include their property address within the community.
Member must include their phone number and email address.
Be submitted in writing; and sent via certified mail to the Association’s official mailing address, which shall be published on the Association’s website and provided upon request.
Requests sent via email, text, or other electronic means will not be accepted. This requirement ensures proper receipt and tracking of requests, as certified mail requires a signature upon delivery.
Requests should be sent via certified mail to:
Mirror Lake Property Owners Association, Inc.
C/O: Rizzetta & Company
3434 Colwell Avenue,
Suite 200
Tampa, FL 33614
3. Response Time and Access:
The Association will respond to records requests within 10 business days of receipt, in accordance with Florida law. Records will be made available for inspection or copying as applicable, and reasonable costs may apply for copies. In-person review of records will be scheduled within the 10 business day period. Members may only view records in person by appointment. However, the Association reserves the right to provide requested records electronically if it determines, in its sole discretion, that doing so is the most effective and efficient manner of providing the requested records.
4. Authority and Enforcement:
This policy is enacted under the authority of Florida Statute §720.303(5), which authorizes homeowners’ associations to establish reasonable rules regarding the frequency, time, location, notice, and manner of access to official records. Failure to comply with this policy may result in a delay or denial of the request. The Board may also consult legal counsel in cases of abuse or dispute.
5. Official Records Inspection Rules:
A parcel owner may make an inspection request of the Association’s Official Records. Official Records are defined in chapters 718 or 720 of the Florida statutes.
Official Records requests must be in writing and must be delivered by U.S. certified mail, return receipt to the Association’s business office. The Association shall provide access to the records within 10 business days after receipt of the request. Non-compliant requests shall be returned to the sender and shall indicate the nature of the request’s non-compliance.
The inspection shall take place at the business office of the Association between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays or closures of the business office. In the event the Association’s business office is located out-of-range of the mileage limitations noted in the statutes, or not located within the same county as the Association, a compliant inspection location will be used.
The Association will have personnel supervise the inspection. The Association may institute any supervision or security measures to safeguard the integrity of the records and/or the Association’s personnel.
Parcel owners are not permitted to remove any records from the inspection, nor shall records be altered in any way.
The right to inspect the Official Records includes the right to make or obtain copies at the expense of the parcel owner. The Association will charge $.15 per page for copies made on the Association’s photocopier. If the records requested to be copied exceed 25 pages in length, the Association may have copies made by an outside copying service and may charge the actual cost of copying to the parcel owner. A parcel owner may designate records for copying by the use of a tab, clip, or sticky-note on the page(s) desired.
If the time spent by Association personnel retrieving and copying the records exceeds ½ hour, and the records requested to be copied exceeds 25 pages in length, then the Association may charge personnel costs to the parcel owner in the amount of $20.00 per hour.
The Association has no obligation to create documents. The Association is not obligated to specifically organize or synthesize information in its records. During an inspection, documents will be provided in the manner in which they are kept in the Association’s normal course of business.
The following records will not be produced pursuant to statutes:
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, 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.
Information obtained by an Association in connection with the approval of the lease, sale, or other transfer of a parcel.
Personnel records of Association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.
Medical records of parcel owners or community residents.
Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for Association notice requirements, and other personal identifying information of any person, excluding the person’s name, parcel designation, mailing address, and property address.
Any electronic security measure that is used by the Association to safeguard data, including passwords.
The software and operating system used by the Association which allows the manipulation of data, even if the owner owns a copy of the same software used by the Association
Conclusion:
This policy does not limit members’ rights to access official records but ensures that such access is conducted in an orderly, documented, and legally compliant manner for the benefit of both the Association and its members.