[RPPTL LandTen] HOA video tapes

[Andrew Garofalo]

If there's no settled law on whether the tapes are "records" I would take
the position they are "records" and follow the procedure for record
inspection requests in the statute.  The HOA will then have to decide if
it's willing to fight your client and risk paying the statutory damages for
failure to timely provide the records and attorney's fees which I believe
the statute allows as well.  You probably need the owner's cooperation
though since I do not believe tenants have a right to inspect records.  It
is likely the owner will not want to get involved though to avoid problems
with the HOA approving their tenants in the future.  If the value of the
property stolen is small then it may not even be worth it.  I'd tell my
tenant client to move if they prefer not to live with difficult people
running the HOA.  Why continue to live with people who run their HOA that
way?

Sent from my mobile device
On Feb 18, 2016 8:01 AM, "Anthony J. Horky" <ahorky at horkylaw.com> wrote:

> Hello all. I am hoping someone can shed some light on the following issue
> for me regarding a tenant and an HOA.  Thank you in advance for your time
> and thoughts.
>
>
>
> I have a client who rents a single family home in an HOA governed
> community.  The HOA has video cameras and tapes cars coming into and out of
> the community.  One night a gate is left open, someone enters and breaks
> into several cars, including the cars owned by the tenants of my client.
> Stealing personal property therein.  HOA refuses to allow my client/owner
> to review or copy the tapes, stating it will not without a subpoena or
> court order.  Law enforcement has been slow to respond.  HOA documents are
> silent on this issue.  Because HOA approval is necessary for lease
> renewals, my client is sensitive to turning this into a lawsuit simply to
> obtain the videos.
>
>
>
> Questions:  Doesn’t an owner have the same right to review a video tape
> that it does to review the HOA records?  Are the tapes “records” of the
> HOA?  Without filing a lawsuit and serving a subpoena, does an owner have
> rights to this information?
>
>
>
> Regards,
>
>
>
>
>
> [image: AJH Logo mark]
>
> *Anthony J. Horky, Esquire*
>
> Anthony J. Horky, P.A.
>
> 2255 Glades Road, Suite 324A
>
> Boca Raton, Florida 33431
>
> T: 561.989.3206
>
> F: 561.952.0096
>
> www.horkylaw.com
>
>
>
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