Proposed Aquarius Board Records Policy Conflicts with Florida Legal Requirements
Summary of Key Issues Identified
Arkady Chase, Ph5N, reviewed the draft policy proposed by the Aquarius Board and concluded that several provisions conflict with Florida Statute §718.111(12) and DBPR enforcement practices, creating potential legal and regulatory exposure for the Association.
Major Concerns
- Statutory deadlines cannot be delayed. The 10‑business‑day clock starts upon any written request, regardless of format or completeness. The draft incorrectly attempts to postpone this.
- Restrictions on delivery methods are unlawful. Email or any written communication triggers statutory obligations; certified mail cannot be required.
- Overly narrow request requirements. Owners may request broad categories of records; the Association cannot demand narrowly tailored descriptions.
- Limits on inspection frequency are not allowed. Restricting owners to one inspection every ten business days violates the statute and is considered an unreasonable restriction.
- Deposits or certifications before scheduling are improper. These conditions are not supported by law and would likely be viewed as barriers to access.
- Definitions of repetitive requests are too broad. Owners may re‑inspect records without justification; consolidation cannot delay access.
- In‑person‑only inspection rules are too restrictive. DBPR encourages electronic copies when records are digital; the Association cannot refuse to email electronic documents.
- Appointment scheduling cannot cause delay. “Mutually agreeable” scheduling cannot extend access beyond the statutory 10‑day deadline.
- Conduct rules must be narrowly applied. Disruptive behavior can be prohibited, but photographing or scanning records cannot be banned.
- Legal counsel involvement cannot slow access. Counsel may coordinate but cannot impose extra requirements or cause delays.
Overall Assessment
The draft policy is detailed but exceeds the Association’s legal authority in several areas. The most significant risks involve:
- delaying statutory deadlines,
- imposing additional conditions on owners,
- restricting inspection frequency.
Arkady Chase recommends revising the policy to ensure full compliance with §718.111(12) and DBPR interpretations to avoid complaints, fines, statutory damages, and attorney’s fees.
Here is the full, unabridged note from Arkady Chase (PH5N):
Please find my thoughts on the proposed “Official Records Request Protocol & Procedures.” These comments focus on statutory compliance, DBPR enforcement positions, and areas where the draft may unintentionally expose the Association to legal or regulatory risk.
1. Ten‑Day Statutory Deadline Cannot Be Delayed
The draft states that the ten‑business‑day period “shall not begin until all request requirements are satisfied.” This is inconsistent with Florida Statute §718.111(12). The statutory clock begins upon receipt of any written request, regardless of format or completeness. DBPR has repeatedly fined associations for attempting to delay the start of the deadline.
2. Delivery Method Restrictions Are Overly Limiting
While certified mail is the preferred method, the Association cannot condition statutory rights on its use. Any written request—including email—triggers the statutory deadline. The current language risks being interpreted as obstructive.
3. Overly Narrow Request Requirements
The policy requires a “specific and narrowly tailored description” of requested records. Owners are legally permitted to request broad categories (e.g., “all financial records for 2023”). DBPR has held that associations cannot reject or delay requests because they are not narrow enough.
4. Limiting Inspections to One Every Ten Business Days Is Not Permitted
The draft includes a guideline limiting owners to one inspection appointment per ten business days. Florida law does not authorize such a restriction. Any rule that “unreasonably restricts” access is void under §718.112(3).
5. Deposits and Certifications Before Scheduling Inspections Are Problematic
Requiring refundable deposits or written certifications that a request is not duplicative is not supported by statute. DBPR would likely view these provisions as unlawful barriers to access.

6. Serial or Repetitive Request Definitions Are Too Broad
The policy defines repetitive requests in a way that could capture legitimate follow‑up inspections. Owners are entitled to re‑inspect records, and the Association cannot require them to justify why. Consolidation of requests is permissible only if it does not delay access.
7. In‑Person Inspection Only May Be Too Restrictive
While the statute guarantees the right to inspect in person, DBPR encourages associations to provide electronic copies when records are already digital. The Association cannot refuse to email documents that exist in electronic form.
8. Appointment Scheduling Must Not Delay Access
The policy requires “mutually agreeable” appointment times. If this results in delay beyond ten business days, the Association would be in violation. The obligation to meet the statutory deadline is absolute.
9. Conduct Rules Are Generally Lawful but Must Be Narrowly Applied
Prohibiting disruptive behavior is appropriate. However, the Association cannot prohibit photographing or scanning the records themselves, only the recording of staff conversations.
10. Legal Counsel Involvement Cannot Delay Access
Routing requests through counsel is permissible, but counsel cannot impose additional requirements or cause delay beyond the statutory deadline.Overall Assessment
The policy is detailed and well‑intentioned, but several provisions exceed the Association’s statutory authority and could expose the Association to DBPR complaints, statutory damages, and attorney’s fees. The most significant risks involve delaying the statutory deadline, imposing additional conditions on owners, and restricting the frequency of inspections.
I recommend revising the policy to ensure full compliance with §718.111(12) and DBPR interpretations.
Arkady Chase, PH5N

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