Ruiz De Gamboa v. Newth Gardens Condominium Association, Inc.
Boca Raton, Palm Beach · FL · Florida Fourth District Court of Appeal
MIXED · records
What happened
Owner Ruiz De Gamboa requested condo records in April 2018; the president claimed a timely appointment letter was mailed, but the owner never received it and sent a certified pre-arbitration notice of noncompliance. Arbitration favored the owner; after trial de novo the circuit court sided with the association on mailing for the April request. On June 4, 2025, the Fourth DCA reversed that portion (presumption of willful noncompliance unrebutted) while affirming the association's judgment on June 2018 requests.
What the court (or agency) held
PARTIAL / REMAND on the April 2018 request. Failure to make official records available within the statutory working-day window creates a rebuttable presumption of willful noncompliance under § 718.111. Drafting a scheduling letter is not proof it was mailed—associations need business-practice, affidavit, or receipt evidence—and ignoring a certified follow-up that no records were produced supports willfulness. The court reversed judgment for the association on the April request (presumption unrebutted) and affirmed as to the June 2018 requests.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Mailing proof matters. A drafted letter without evidence of sending does not rebut the statutory willfulness presumption, especially after a certified nonreceipt notice. Partial wins still reshape fee exposure.
What the member did
Sent a clear written inspection request, followed up by certified pre-arbitration notice documenting nonreceipt, and preserved the statutory willfulness/presumption issue through trial de novo and appeal.
What did not work
June 2018 records claims—judgment for the association on those requests was affirmed.
Questions for the board
- When a records appointment letter is sent, is certified mail, email copy, or business-practice proof retained?
- If an owner reports nonreceipt by certified notice, is a prompt do-over production done?
- Are one-request-per-month rules still in use after being called unreasonable?
Questions for a lawyer
- What evidence is needed to rebut § 718.111's willfulness presumption on remand?
- How should prevailing-party fees be allocated after a split April/June outcome?
- What damages caps and fee statutes apply to willful records violations?
Citation
Ruiz De Gamboa v. Newth Gardens Condominium Association, Inc., No. 4D2024-0217 (Fla. 4th DCA June 4, 2025) (2025-06-04). Florida Fourth District Court of Appeal. Outcome chip: MIXED. Flags: MIXED, remand, partial. Source: https://law.justia.com/cases/florida/fourth-district-court-of-appeal/2025/4d2024-0217.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.