RIDGE GROVES CONDOMINIUM ASSOCIATION, APPELLANT,
v.
MICHAEL MISSERVILLE, APPELLEE
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Ridge Groves Condominium Association appeals a trial court judgment finding it violated Florida's condominium records statute by failing to provide requested documents. The appellate court reverses, holding that the Association complied with the statute by making records available for inspection at its office after the member requested an appointment but never called to schedule one.
The Association did not violate the statute. The statute requires an association to furnish a member a reasonable opportunity to inspect and copy records upon request, not to deliver records. The Association properly made the requested records available for inspection at its office after receiving the request, and the member's failure to call for the scheduled appointment does not constitute a violation by the Association.
[1] A condominium association member's right to inspect and copy association records is subject to reasonable rules adopted by the association regarding the frequency, time,…
[2] A condominium association fulfills its statutory obligation to provide records by furnishing a member a reasonable opportunity to inspect and copy records upon request, r…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The statute does not provide that an association must deliver records to a member; rather, it must simply furnish the member a reasonable opportunity to inspect and copy records upon request.”
Establishes the core holding that the statute does not require delivery but only requires providing opportunity to inspect and copy
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn March 2010, Misserville submitted a records request form to the Association seeking to inspect and copy a resident roster and insurance policies. T…
The full statement of facts, procedural history, and disposition for this case are member content.
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Ridge Groves Condominium Association appeals a final judgment adjudicating various claims and counterclaims between itself and Association member Michael Mis-serville. Misserville sued the Association, alleging among other things that it violated section 718.111(12)(c), Florida Statutes (2009), by failing to provide requested records. Following a nonjury trial, the trial court ruled in Misserville’s favor. We reverse the court’s holding that the Association failed to comply with the statute.
In March 2010, Misserville submitted a records request form to the' Association asking for an appointment to inspect and copy a roster of current residents- as well as the -Association’s insurance policies. Immediately above Misserville’s signature, the form stated, “Please provide the undersigned with an appointment to review the records above. I will call you for the appointment time in the next 5 days.” Misserville signed and submitted the request but never called for the appointment. Nevertheless, Misserville maintained that the Association. violated the statute- because it did not deliver the requested documents to him.
Section 718.111(12)(c) grants condominium association members a general right to inspect and copy any association record not expressly excluded by the statute. See § 718.111(12)(c)(l)-(4). An association’s failure to provide records within ten working days of a written request creates a rebuttable-presumption that the association willfully failed to comply with section 718.111(12)(c). Under the statute, a member who is “denied access” to association records may recover damages for the association’s willful failure to comply. *706§ 718.111(12)(c). Further, a “failure--to permit inspection” entitles the person prevailing in an enforcement action to recover attorney’s fees “from the person in control of the records who, directly or'indirectly, knowingly denied access to the records.”Id..-
However, a member’s right to inspect and copy is -not limitless. An association may “adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.”Id. In this case the Association had promulgated a written form for requesting access to records for inspection -and copying,' which provided that ' the member would call for • an- appointment. Indeed, testimony at trial reflected that the Association,office was- not staffed during all business hours. ,. - - , ■ -
■ Misserville contends, and the trial court agreed-, that (1) there was no evidence that the Association - had adopted the appointment requirement as a rule and- (2) the Association was legally obligated to deliver the records. The first proposition is undermined by the existence of the form itself, which Misserville acknowledged was required of Association members • seeking to inspect records. He has never contended or proved that the form was improperly adopted or that it was unreasonable. Be that as it may, the second assertion is simply wrong. The statute does not provide that, an .association must deliver records to a member; rather, it must simply furnish the member a reasonable opportunity to inspect and copy records upon request.
But even if the form had not been properly adopted, and even if the statute could be read to mandate delivery of records to a member upon request, the fact is that Misserville employed the form. He thereby asked to “inspect and copy” the mentioned records and advised-that he would call for an appointment to do so within five days. He did not ask the Association to deliver the records to him-. The undisputed evidence reflected that upon receiving Misserville’s request, the Association copied the records and set them aside in the Association office in anticipation of his call. The trial court’s conclusion that the Association failed to comply with Misserville’s records request was unsupported by evidence or law.
We reverse that portion of the final judgment wherein the trial court ruled that the Association violated section 718.111(12)(c). We affirm the judgment in all other respects.
CASANUEVA and SALARIO, JJ., Concur.