Under 718 (condos) and 720 (HOAs), owners have the right to view the official records of the association. This then leads to the question of what exactly encompasses the “official records.”
In the arbitration case of Jandebeur v. Marine Terrace Association, Inc. (Arbo. Case No. 2014-03-5716), a condo owner wanted to view the association attorney’s invoices. The association lawyer did not want to reveal its invoices to the owners; and the owner obviously wanted to see them for whatever the reason.
The arbitrator eventually found that, yes, the invoices of the association attorney were part of the official records that owners could inspect; BUT, the association could redact these invoices to protect the attorney-client and work product privileges. The arbitrator said” “[i]f attorney work product is contained in an invoice, e.g. a description of work performed reveals the attorney’s thoughts, etc., regarding the litigation, that information may be redacted.”
Thus, the invoices must be presented upon request but may be heavily redacted to remove protected attorney-client and work-product information from them.
If you need a Boca Raton HOA lawyer or are an HOA in Palm Beach or Broward counties, contact us today to discuss your specific situation at 754-900-1529 or firstname.lastname@example.org