You sent a records request. Day 10 came and went. The HOA produced nothing, sent a vague "we are looking into it" email, or claimed the records do not exist.
This is one of the most common stonewall patterns in Florida HOAs. The statute gives you a precise escalation path — and statutory damages that compound until they comply.
What the statute promises
Three things follow from this:
- A rebuttable presumption of willful refusal. Once the 10-business-day clock expires on a request sent by certified mail, the burden flips. The HOA has to show why they did not comply, not the other way around.
- Statutory damages of $50 per calendar day, capped at $500. These accrue automatically beginning on the 11th business day. No proof of harm required.
- Attorney's fees on prevailing-party basis. Under §720.305(1), the prevailing party in a Chapter 720 enforcement action is entitled to reasonable attorney's fees. This is what makes the threat of suit credible — the HOA's exposure to its own attorney's bills typically dwarfs the dispute amount.
Common HOA refusal patterns
The four stonewalls we see most often:
"We don't have those records"
The 7-year retention requirement in §720.303(5)(a) is mandatory. An HOA that claims it no longer has minutes, contracts, or correspondence is admitting either a retention failure (which is itself a violation) or a refusal dressed up as nonexistence.
Follow up by requesting the records retention policy and the records management procedures. If the HOA cannot produce a policy that complies with the 7-year rule, the "we don't have those" answer is not credible.
"Those records are confidential"
Very few documents an HOA holds are actually confidential. The standard exceptions are:
- Personnel files of employees
- Documents related to active litigation that are genuinely covered by attorney-client privilege
- Medical records or other documents containing protected health information
That is almost the entire list. "Confidential" applied to vendor contracts, insurance policies, board minutes, or correspondence is almost always wrong.
"You need to come to the management office during business hours"
This is a delay tactic. The statute permits inspection at "a reasonable place and time" but does not require the homeowner to take time off work to drive to a management office during business hours. Specify that you want electronic delivery in your follow-up.
"We will produce them, just give us more time"
Soft refusal. The 10-business-day clock does not bend because the HOA is "busy." If they need an extension, they can ask in writing and you can grant it (or not) at your discretion. Without an explicit written extension you have granted, the clock runs.
The escalation, step by step
Day 11 — Follow-up
Send a short written follow-up. Acknowledge the missed deadline. Restate the original request. Note that statutory damages are accruing. This is not the demand letter yet — it is the second piece of paper in the file.
Day 15 — Pre-suit demand letter
The demand letter should:
- Cite §720.303(5)(a) specifically
- Identify the original request date and the missed deadline
- Quantify the statutory damages accrued to date ($10 × days late)
- Reference the rebuttable presumption of willful refusal
- Reference the fee-shifting provision
- Demand full production within a short hard deadline (typically 5 business days)
- State that if production is not made, mandatory pre-suit mediation under §720.311 will be invoked, followed by suit in county court
Day 20-25 — Mediation demand
If the demand letter goes unanswered, serve a written demand for pre-suit mediation under §720.311. Records refusal is a covered dispute. The HOA is required to participate in good faith.
In our experience, very few records cases survive mediation. The HOA's counsel typically produces at this stage, because defending a willful refusal is uneconomic.
Day 30+ — Suit
If mediation does not resolve, the homeowner files in county court. The relief sought is:
- An order compelling production
- Accrued statutory damages
- Attorney's fees
Florida courts routinely grant this relief on a summary-judgment posture when the statute and the missed deadline are unambiguous.
A note on liens and counter-pressure
If the HOA has recorded a lien against the homeowner, the records-refusal exposure does not go away. The homeowner can pursue the records claim independently while challenging the underlying lien. Many HOAs settle the lien dispute and the records dispute together once they see the records claim is serious.
What to do this week
- Calendar the original deadline. Know exactly how many days late the HOA is.
- Send the day-11 follow-up. Short, written, polite, on the record.
- Prepare the day-15 demand letter. Cited, quantified, with a short hard deadline.
- Build the file. Save copies of every request, every response, every missed deadline. If this goes to mediation or suit, the timeline of paper is your case.
The wizard builds the demand letter with the precise §720.303(5)(a) damages calculation, the §720.311 mediation language, and the fee-shifting hook under §720.305(1). Print, sign, mail.