Privileged Records only Accessible by Board of Dire
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Last updated: Wednesday, March 5, 2008

Agents, property managers and board of directors all have an ethical duty to withhold sensitive information regarding residents. If a mortgager or prospective buyer inquires information regarding a sale, the community documents, (should be passed on by the seller), rules and regulations, updated common question and answer sheet and sales application should be made available. All other official records are made available after written request signed by the seller or unit owner. Administrate and office fees are customary, but not to exceed $150 plus reasonable photocopy costs. Also, attorney fees may be applied in connection with special inquiries. Subdivision records such as maps are obtainable in the local County office and not required by the association.

The following is privilege information by the board of directors and should not be made accessible to members or parcel owners:

Records protected by client-lawyer confidential laws.

Lease/sales applications and any attachments that are in conjunction with board approval.

Employee records such as employment application, disciplinary actions made by the association, health/medical, insurance and personnel records.

Medical records of parcel owners or community residents.

For more fun facts see, “Directors & Officers is a Thankless Job”. To review supporting information, click here.

720.303:  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.
(d)  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 this chapter to be made available or disclosed. The association or its authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or 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 photocopying and any attorney’s fees incurred by the association in connection with the response.

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