How long does a Florida condo association have to give me the records?

Under s. 718.111(12)(c), F.S., records must be made available within 10 working days of a written request. If not, an owner may recover actual damages or minimum damages of 50 dollars a day for up to 10 days, starting on the 11th working day.

Do HOA members in Broward have the same right to records?

Yes. Section 720.303(5), F.S. requires records within 10 business days of a written request. Send it by certified mail: failure to respond to a certified-mail request creates a rebuttable presumption of willful noncompliance.

Is destroying association financial records a crime in Florida?

Yes. Knowingly and intentionally destroying or defacing accounting records with intent to harm is a first-degree misdemeanor under both s. 718.111(12)(c) and s. 720.303(5)(e), F.S. For condos, refusing to release records to evade detection of a crime is a third-degree felony.

Can DBPR investigate my condo board?

For condominiums, yes, within limits. After turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes may investigate complaints about financial records, access to records, elections, conflicts of interest and other listed issues under s. 718.501(1), F.S. There is no equivalent general state regulator for HOAs.

What can a private investigator find in a condo fraud case?

Who really owns a vendor, links between vendors and board members or managers, whether invoiced work was actually done, licence status, court and property records, and witnesses such as former managers. The investigator does not access association accounts without authorization.

Condo and HOA Fraud Investigations in Broward County

If you suspect a board member, officer or community association manager of steering contracts, padding invoices or taking association money, start with the official records. Florida law gives condominium owners and homeowners’ association members a right to inspect them, sets deadlines for producing them, and makes destroying accounting records a crime. A licensed investigator can then lawfully fill in what the records do not show: who really owns the vendor, whether the work was done, and how the people involved are connected. This guide is for owners and boards in Broward County, from high-rise condos on Galt Ocean Mile and in Hallandale Beach to HOA communities in Weston, Parkland, Coral Springs and Pembroke Pines. It is general information, not legal advice.

What does condo and HOA fraud usually look like?

Vendor kickbacks. A contractor overcharges and shares the difference with whoever approved the contract.
Undisclosed conflicts. A board member, manager or relative secretly owns or works for a vendor.
Bid rigging. “Competing” bids that come from related companies, or bids that are requested after the decision is made.
Phantom or partial work. Invoices paid for repairs, inspections or materials that were never delivered.
Diverted funds. Reserve money moved into operating accounts or personal accounts, or cash from fees, rentals or parking that never reaches the books.
Records that go missing right after an owner asks for them.

What records can a Broward condo owner inspect?

For condominiums, the official records listed in s. 718.111(12), F.S. include minutes, contracts, bids, and the accounting records: bank statements, ledgers, invoices, receipts and deposit slips, among others. Bids must be kept for at least 1 year and most other records for at least 7 years. Owners can inspect and copy them without stating a reason. The association must make records available within 10 working days of a written request; failing to do so creates a rebuttable presumption that it willfully failed to comply, and an owner who is denied access can recover actual damages or minimum damages of 50 dollars per calendar day for up to 10 days, starting on the 11th working day. Associations with 25 or more units must also post many documents on a website or app.

The statute has teeth. Knowingly or intentionally destroying or defacing accounting records with intent to harm the association or its members is a first-degree misdemeanor, and refusing to release records to avoid detection of a crime is a third-degree felony, each with removal from office (s. 718.111(12)(c)).

What about HOAs?

For homeowners’ associations, s. 720.303, F.S. sets similar rules. Official records must generally be kept for at least 7 years. Records must be made available within 10 business days after a written request; sending the request by certified mail matters, because failure to respond to a certified-mail request creates a rebuttable presumption of willful noncompliance (s. 720.303(5)(b)), and minimum damages of 50 dollars per calendar day for up to 10 days apply from the 11th business day. Knowingly and intentionally defacing or destroying accounting records, or failing to create or maintain them, with intent to harm, is a first-degree misdemeanor (s. 720.303(5)(e)).

Both chapters also require annual financial reports. Larger associations, those with total annual revenues of 500,000 dollars or more, must provide audited financial statements (s. 718.111(13); s. 720.303(7)). Comparing the audit to the bank statements and invoices is often where problems surface.

What does a private investigator document?

An investigator works alongside the owners’ review of the books and focuses on facts outside them:

Who is behind each vendor. Corporate filings, officers, registered agents, addresses and phone numbers, compared against board members, managers and their relatives.
Licences. Whether contractors and managers hold the licences their work requires.
Whether the work happened. Photographs and observation from common areas or public places, compared with what was invoiced.
Connections. Shared addresses, shared officers between “competing” bidders, property records, and court records involving the people and companies concerned.
Assets. Where appropriate and lawful, asset searches on individuals or companies that may be liable.
Witnesses. Former managers, employees or vendors who may explain what happened, located through lawful skip tracing.

The result is a written report with sources, which your attorney can use in a demand, a complaint to a regulator or a lawsuit. Investigators stay within the law: no logging into association accounts or email without authorization, no pretexting a bank, and no recording conversations without everyone’s consent, which Florida prohibits (s. 934.03, F.S.).

When should owners involve DBPR, counsel or the police?

Condominiums. The Division of Florida Condominiums, Timeshares, and Mobile Homes within the Department of Business and Professional Regulation can investigate complaints about, among other things, an association’s financial records and procedures, access to official records, elections and conflicts of interest (s. 718.501(1), F.S.). It can subpoena records, impose civil penalties, and refer suspected criminal conduct to law enforcement.

HOAs. The HOA statute states that the Legislature did not intend to create a state agency to regulate the affairs of homeowners’ associations (s. 720.302(2), F.S.), so owners usually rely on records demands, counsel, the courts and law enforcement.

In either case, talk to a community association attorney before accusing anyone publicly. A well-documented record request, followed by an investigation, gives counsel the facts to choose between a demand, a regulator complaint, a civil claim or a police report. If money is clearly missing, report it to law enforcement promptly.

For boards: a new board that inherits messy books can use the same approach. An independent review of vendors and payments protects incoming directors and shows owners the board took the concern seriously.

How is this different from other fraud cases?

An association is a nonprofit run by volunteer owners, and the remedies come from chapters 718 and 720. If your concern is a business partner in a private company, see suspect a business partner of fraud? If you are vetting a contractor before the association hires one, see how to vet a contractor in Broward.

Broward Private Investigations works with licensed Florida private investigators across Broward County. If you are an owner, director or attorney dealing with a suspected condo or HOA fraud, call (954) 235-4955 or contact us for a confidential consultation.