Q: I understand that the Florida Homeowners’ Association Act states that if a request to inspect records is sent by certified mail and the association fails to make their records available within 10 business days, the statute imposes a rebuttable presumption that the association willfully failed to comply with the owner’s right to inspect. However, can an association require that all requests to inspect records be sent by certified mail, or is an owner permitted to send a request to inspect records by e-mail, hand-delivery, or U.S. Mail? (J.L., via e-mail)
A: As you correctly state, Chapter 720, Florida Statutes (the “Florida Homeowners’ Association Act”) provides that if a request to inspect records is sent to the association by certified mail, return receipt requested, and the association fails to make the official records available for an owner’s inspection within 10 business days of receipt of such a request, there is a “rebuttable presumption” that the association willfully failed to comply with the owner’s right to inspect. The statute does not say that certified mail is the only method of requesting records, only a method where the association bears the burden of proof.
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