Q: The board for our condominium seems to engage in a lot of business by email. Is this legal under Florida law, and are the emails circulated by our board members considered “official records” of the association that I can inspect?
A: Emails between directors on their personal computers are not official records. Emails between directors and management are official records. The Association has no obligation to require directors to print off all their emails and file them with the Association. One court decision states with respect to emails: “The emails requested in this case are those existing, if at all, on the personal computers of individual directors. These are not official records of the condominium association. The property of an individual director does not become the property of the association because of his office on the board.” In general, the association and its management should limit the use of email in association business. It is fine to circulate ideas and proposed agenda items, but a board should not make any official decisions by email and should only do so at a meeting that is properly noticed and open to the unit owners.