Digital records

Posting online and answering a request are not the same duty

A resident portal feels like it should cover everything. It often does not. Whether a website-posting duty and an individual inspection duty are legally separate, and what counts as satisfying each, varies by state, check your own association statute. Treat the two as different checklist items: one is "what do we publish," the other is "how do we respond when someone asks."

What California and Florida each require

California gives a requesting member the option to receive specifically identified records electronically instead of on paper.

"the option of receiving specifically identified records by electronic transmission or machine-readable storage media"

Source: California Civil Code section 5205, California Legislature

The board's charge for that electronic copy is capped at the direct cost of producing it in that format, not a flat fee. Florida takes a different approach for larger associations: instead of responding record by record, the association must maintain a dedicated online area for owners.

"must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to parcel owners and employees of the association"

Source: Florida Statutes section 720.303(4), Florida Legislature

Whether your state requires a members-only portal, permits one, or says nothing at all is a state-by-state question, check your own statute before assuming either model applies to you.

A breach of digital records is a legal event, not just an IT problem

Moving records online creates a new kind of exposure: a breach involving owners' unencrypted personal information can trigger a legal notification duty, not just a support ticket.

"The disclosure required by this subdivision shall be made within 30 calendar days of discovery or notification of the data breach."

Source: California Civil Code section 1798.82, California Legislature

Whether your state has a breach notification law, and how fast it requires you to act, varies, check your state's data breach statute. Either way, who holds admin access to your records system, and how fast that access is removed when a board member or manager leaves, is now a compliance question, not just good IT hygiene.

Who owns the records when you switch management companies

Your association's records exist because of the association, not because of whichever company happens to be holding them this year.

"Your homeowners association's funds and documents belong to the board, not to whoever happens to be managing them at the moment"

Source: HOA Management Company Transition Checklist for Boards, RowCal

Whether a specific state statute backs that principle up, and what it requires a departing manager to hand over, varies, ask your attorney rather than assuming. Either way, put data return terms directly in the management contract: what format records export in, and how quickly they must be handed over when the relationship ends.