Can a homeowner in a developer HOA ask management for ARC approvals of other residents to determine if there is selective enforcement?
ARC approvals are generally not included in the list of records that are available for member inspections. That being said, for condominiums, Florida Statutes say that “The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member or authorized representative of such member.”
While the statutes don’t explicitly define ARC approvals as an official record, 718.111(12)(18) says, “All other written records of the association not specifically included in the foregoing which are related to the operation of the association.” Again, this only applies to condominiums.
Make sure to read your bylaws and declaration to know what your rights are in terms of records inspection.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.