What Happens If Your Condo Association Doesn't Post Meeting Minutes
The real consequences under current Florida law — including daily fines, criminal charges, mandatory removal from office, and owner lawsuits.
This Isn't Hypothetical Anymore
Before 2024, the penalties for failing to maintain or provide condo association records were mostly civil — fines and potential lawsuits. That changed with HB 1021. Florida now attaches criminal penalties to record-keeping failures, including misdemeanor and felony charges for board members and managers who violate the law.
Here's exactly what your board is exposed to if you're not keeping up with your documents.
Consequence #1: Daily Fines
Under §718.111(12), if a unit owner submits a written request to inspect official records and the association fails to make those records available within 10 business days, the association may face fines up to $50 per day. The failure also creates a rebuttable presumption that the association willfully failed to comply — meaning in any legal proceeding, the burden shifts to the association to prove it wasn't intentional.
Source: §718.111(12)(c)(1)
Consequence #2: Criminal Charges
HB 1021 added three levels of criminal penalties directly into the Florida Condominium Act:
| Severity | Violation | Additional Consequence |
|---|---|---|
| Third-Degree Felony | Willfully refusing to release records with intent to avoid detection or punishment for a crime | Mandatory removal from office |
| First-Degree Misdemeanor | Knowingly destroying, defacing, or failing to create/maintain required accounting records with intent to cause harm | Civil penalty + removal from office |
| Second-Degree Misdemeanor | Knowingly and repeatedly (2+ times in 12 months) violating record inspection requirements | Mandatory removal from office |
Source: §718.111(12)(c)(2)-(4)
What "removal from office" means: Under the statute, the person must be removed from their position and a vacancy declared. This isn't discretionary — it's mandatory upon conviction. A board member convicted of any of these offenses loses their seat automatically.
Consequence #3: The Missing Checklist Problem
Under HB 1021, whenever an owner requests to inspect records, the association must simultaneously provide a checklist of all records made available and all records NOT made available. This checklist must be kept for 7 years.
Here's why this matters: delivering the checklist creates a "rebuttable presumption" that you complied. Think of it as your legal shield. If you have the checklist, you're protected. If you don't, you're exposed — and any owner can use that against you in court.
Most volunteer boards don't even know this requirement exists. That's a problem, because not having the checklist means you can't prove compliance even if you actually provided the records.
Source: §718.111(12)(c)(1)(b)
Consequence #4: Owner Lawsuits
Unit owners have the right to inspect and copy official records at reasonable expense. If the association doesn't comply, owners can take legal action to compel access. With the new presumption of willful non-compliance for failures beyond 10 business days, these lawsuits become much easier for owners to win — and much more expensive for associations to defend.
Consequence #5: DBPR Enforcement
HB 1021 expanded the authority of the Department of Business and Professional Regulation (DBPR) to investigate complaints and conduct random audits of condo associations to determine compliance with website and official record requirements. DBPR can issue fines and penalties for non-compliance. This means even if no owner files a complaint, DBPR can show up on its own.
Source: HB 1021 — §718.501
What You Actually Need to Do
The requirements are clear. Here's what your board needs to have in place right now:
1. A website or app with official records posted (mandatory for 25+ units as of Jan 1, 2026) · 2. Meeting minutes posted within 30 days of approval · 3. Last 12 months of approved minutes accessible online · 4. A process for generating record inspection checklists when owners request records · 5. Video conference meetings recorded and stored as official records · 6. Quarterly board meetings with owner Q&A on the agenda (10+ units) · 7. All directors completed the 4-hour education requirement · 8. Expanded official records maintained in an organized manner (invoices, receipts, permits, educational certificates)
If any of those are missing, your board has exposure right now. The good news is that getting compliant isn't complicated — it just takes someone doing the work consistently.
We Handle the Documents. You Handle the Community.
Send us your last board meeting recording and we'll produce your first set of compliant meeting minutes for free. See the quality before you commit to anything.
Send Your Recording Free →