[RPPTL LandTen] HOA video tapes

Thu Feb 18 05:53:31 PST 2016

The catch all in the HOA official records statute F.S. 720.303 (4)(l)  limits official records to "written records" of the association which are related to the operation of the association.  It is important to send a preservation notice because there are many video systems that automatically delete or record over the video after some amount of time (e.g. 10 days).

[cid:image001.jpg at 01D16A29.D53C5780]

Christopher L. Pope (Bio)<http://www.paveselaw.com/attorneys/christopher-l-pope>
Attorney
1833 Hendry Street (33901)
Post Office Drawer 1507 Fort Myers, FL 33902
Direct 239.336.6208  Fax 239.332.2243
chrispope at paveselaw.com<mailto:%0bchrispope at paveselaw.com>
Visit our website: www.paveselaw.com<http://www.paveselaw.com/>

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Anthony J. Horky
Sent: Thursday, February 18, 2016 8:00 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] HOA video tapes

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,

[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<http://www.horkylaw.com>

This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is attorney-client privileged or confidential, and/or may contain attorney work product.  If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, destroy any hard copies you may have created and notify me immediately at: ahorky at horkylaw.com<mailto:ahorky at horkylaw.com>.
-------------------------------------------------------
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Confidentiality Note:   The information contained in this transmission is legally privileged and confidential, intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.   If you receive this communication in error, please notify us immediately by telephone call to (239) 334-2195 and delete the message.  Thank you.

This law firm acts as a debt collector.  This e-mail may be an attempt to collect a debt.  If so, all information obtained will be used for that purpose.

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160218/66518e91/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 166867 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160218/66518e91/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 3209 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160218/66518e91/image005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3717 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160218/66518e91/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 3895 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20160218/66518e91/image003-0001.png>