Q&A – Lawsuit Confidentiality

Q. The condominium that I live in has several lawsuits pending and the board is holding a closed meeting with the attorney to discuss strategy. As a unit owner, I’d like to know as much as possible about the number of lawsuits pending and the amount of money involved, etc. What is the Board obligated to tell me? They are saying that they can’t discuss the matter at all and I feel that as a unit owner I have the right to at least some basic information, without them revealing their legal strategy.

A. The board is correct in replying that they cannot discuss the lawsuits with you until they have been resolved. This is based up on the attorney-client relationship, privileged information, work product and confidentiality. The Condominium Act was amended many years ago to address this issue.
Under F.S. section 718.111(12)(a)16(c), official records of the association are open to inspection by any association member, but along list of exceptions follows. The official records include pending lawsuits and the status of those lawsuits.

About Fred Gray

Fred Gray is the owner and President of Gray Systems, Inc and is a licensed general contractor in the state of Florida. Fred has been part of the Community Association Manager Continuing Education industry in Florida since 1988.
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