New Case Could Imperil Common Florida Condo Rule

Key Takeaways

• A Florida court ruled that limiting condo owners to one records request per month is unlawful.
• The court said such a limit, without taking into account the size or burden of the request, potentially violates owners' rights to access.
• The decision disrupts longstanding sentiment that such a limit was widely accepted as reasonable. Such rules are now legally vulnerable, could lead to litigation and should be reexamined.

Condominium associations have long had the power to adopt reasonable rules and regulations in order to govern their unit owners in an orderly fashion. However, a new ruling from a Florida court threatens to upend one long-standing type of such a rule, with implications for the tens of thousands of condominium associations in the state.