While the bulk of the Fourth District’s opinion in Gamboa v. Newth Gardens Condominium Association, Inc. is not especially ground-breaking in its confirmation that the failure to timely provide official records creates a rebuttable presumption of willful non-compliance, one issue raised on cross-appeal is of note:
In the underlying case before the trial court, the trial judge concluded that the association’s adopted rule limiting owners to one inspection per 30 day period is overly restrictive, stating:
“[T]he [Trial] Court finds that to the extent that Association promulgated a rule limiting the number of requests to one per month, such a rule is not enforceable because it is so restrictive that it substantially erodes the unit owner’s right to access. The Association’s rule makes no distinction between a request that may take minutes to fulfill and one that may take much longer. There is no evidence or proof that Defendant’s requests were overly burdensome or unduly taxed the resources of the Association.”
On appeal, the Fourth District Court affirmed the trial court’s decision as to the issues raised on cross-appeal (which includes the trial court’s ruling above) without further comment, seemingly holding that a “once per month” limitation is unenforceable.
Implications for Community Associations
This ruling underscores the importance of ensuring that association policies do not unduly restrict unit owners’ statutory rights to access official records.
While associations may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections, these rules must not be so restrictive as to impede a unit owner’s right to access. The Court also seems to be blessing a more subjective standard, which generally means increased liability for associations.
Recommendation
Associations should review their official records policies to ensure compliance with Florida statutes and recent judicial interpretations. Consulting with legal counsel to assess and, if necessary, revise existing policies can help prevent potential legal challenges and ensure that unit owners’ rights are adequately protected.
References
[1] DE GAMBOA v. NEWTH GARDENS CONDOMINIUM ASSOCIATION INC (2025)
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