Most people who live in Florida live in some form of a residential development, and those communities are typically managed by a community association. A community association is a legal entity responsible for governing, maintaining, and administering a residential development. In Florida, these associations are regulated by Florida Statutes, which have increasingly emphasized transparency in recent years, particularly in how boards communicate with and provide information to their members.
One of the primary ways transparency is achieved is through owner access to association records. Florida law outlines which records an association must keep, how long they must be retained, and the process owners must follow to request an inspection. The statutes also set clear deadlines for when an association must respond and provide access to the requested records.
But the legislature also recognizes the need for some association records to remain restricted and inaccessible to the members. The Florida Statutes identify certain categories of records that are privileged and therefore exempt from member inspection. These exceptions are intended to protect confidentiality, privacy, and sensitive operational information.
Records protected by attorney-client privilege are not available for inspection, nor are records covered by the work-product doctrine. The work-product privilege includes documents prepared by the association’s attorney or at the attorney’s direction that reflect legal strategy, mental impressions, conclusions, or theories, particularly when created in anticipation of litigation or adversarial proceedings. The work-product protections remain in place until the underlying matter is resolved. However, the attorney-client privilege does not have an ending date like the work-product privilege does. A question is often raised as to whether the attorney client privilege extends to attorney invoices. While the invoices themselves are not a privileged document, the description of the work performed may be and would need to be reviewed and redacted by the association’s legal counsel prior to making them available for inspection by the membership.
Information collected by an association in connection with the approval of a lease, sale, or other transfer of a parcel is also exempt. Similarly, in gated communities, information gathered regarding guests visiting owners or residents is not part of the records available for inspection.
Personnel records of association or management company employees are also not accessible to members. This includes sensitive materials such as disciplinary history, payroll details, health information, and insurance records. However, written employment agreements and financial or budget documents that show employee compensation are not considered personnel records and may be subject to disclosure.
Medical records of owners and residents are protected and cannot be inspected. In addition, personal identifying information is generally exempt. This includes social security numbers, driver’s license numbers, credit card information, phone and fax numbers, email addresses, emergency contact details, and any alternative addresses provided by owners, with the exception of the individual’s name, parcel designation, mailing address, and property address. While email addresses are protected, if the owner has provided the association with written consent to receive association notices electronically, the email address provided by the owner to fulfill the association’s notice requirements is not protected. Associations may still distribute directories that include names, addresses, and telephone numbers, and owners may request in writing to exclude their phone numbers or consent to the disclosure of additional contact information. Associations are not liable for the disclosure of protected information if it is voluntarily provided by the owner and included in the official records of the association.
Security-related information is also protected. This includes any electronic security measures used to safeguard data, such as passwords. Likewise, the software and operating systems used by the association to manage or manipulate data are not subject to inspection, even if owners have access to similar software. The underlying data itself remains part of the association’s official records.
Finally, any affirmative acknowledgments made pursuant to Sections 718.121(4)(c), 719.108(3)(b)3., and 720.3085(3)(c)3., Florida Statutes, are exempt from inspection. These are explicit written or electronic confirmations by an owner that verify the owner understands and agrees that their association will be changing how it delivers assessment invoices or account statements.
Taken together, these provisions strike a balance between transparency and the need to protect confidential, private, and sensitive information within community associations.
