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Subject: HOA REUIREMENTS FOR MSDS/SDS DOCUMENTS RETENTION - FLORIDA
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Author Messages
PeteG3
(Florida)

Posts:9


05/02/2020 8:53 AM  
Are Florida HOA's required to maintain MSDS/SDS sheets on file for their property maintenance?
Also, is the 30 year requirement applicable?
TimB4
(Virginia)

Posts:16778


05/02/2020 12:29 PM  
For those unaware:

MSDS/SDS are Material Safety Data Sheet and Safety Data Sheet (both the same thing).
See: Hazard Communication Standard: Safety Data Sheets from OSHA


I would suspect that if your Association, like most Associations, hires a contractor for maintenance, then the responsibility to comply with OSHA would be on the contractor.
PeteG3
(Florida)

Posts:9


05/12/2020 6:34 AM  
In 15 years there must have been 50 contractors here putting all sorts of chemicals on the ground here.
If a homeowner wants to know what is in the ground does the HOA have a responsibility to keep the MSDS SDS sheets on file?
GenoS
(Florida)

Posts:3814


05/12/2020 3:08 PM  
Unless toxic or hazardous chemicals are being used I don't think the HOA has to maintain that information.

We switched landscapers early last year and the fertilizer they used was a liquid, as opposed to the previous landscaper's solid granules. Soon after they started with the liquid, rust-colored stains began to develop on many of the homes in the neighborhood (CBS with stucco). Half of the owners suspected there was iron in the water used for irrigation, but all of that comes out of our detention ponds and if that was the case then all of the homes would have been affected. And not only that, but the staining problem would have been an ongoing thing for years. We only started to see it when the switch was made to liquid fertilizer.

If the problem was the result of the water in our ponds, then every home would be affected, and they're not. Only the homes with shrubs and bushes alongside and against the outside walls are showing any rust at all.

One day I saw the truck they use when they apply fertilizer and asked the driver if he had an MSDS for the fertilizer he was spraying. He didn't, but asked for my contact info and in less than a week the company sent me the MSDS in the mail.

One of the main ingredients was iron. That's what I was looking for.

The board has no idea what an MSDS is and looked at me like I had 2 heads the first time I asked them about the formulation of the fertilizer. All they know is that liquid fertilizer service is cheaper and that's all they really care about.
TimB4
(Virginia)

Posts:16778


05/13/2020 1:13 AM  
Posted By PeteG3 on 05/12/2020 6:34 AM

If a homeowner wants to know what is in the ground does the HOA have a responsibility to keep the MSDS SDS sheets on file?




No.

As long as the HOA was using contractors, then the contractor are the one's responsible.

Do you, as a homeowner, keep an MSDS SDS sheet for your termite treatment, weed treatment, etc?
The HOA is a client, just as the home owner is.


JohnC46
(South Carolina)

Posts:9471


05/13/2020 9:43 AM  
Posted By TimB4 on 05/13/2020 1:13 AM
Posted By PeteG3 on 05/12/2020 6:34 AM

If a homeowner wants to know what is in the ground does the HOA have a responsibility to keep the MSDS SDS sheets on file?




No.

As long as the HOA was using contractors, then the contractor are the one's responsible.

Do you, as a homeowner, keep an MSDS SDS sheet for your termite treatment, weed treatment, etc?
The HOA is a client, just as the home owner is.






I think the OP is the type that would.
AugustinD


Posts:3382


05/13/2020 9:51 AM  
Posted By PeteG3 on 05/02/2020 8:53 AM
Are Florida HOA's required to maintain MSDS/SDS sheets on file for their property maintenance?
Also, is the 30 year requirement applicable?
If this is a Florida Condo, then the Florida Condominium Act applies. You can see the records the condo is required to keep here:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html (do a keyword search of the latter page for "official records")
I do not see MSDS/SDS sheets as a required record.

If this is not a condo, then the Florida statute 720 applies. See
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720.html Again, I see nothing requiring the HOA to keep MSDS/SDS sheets.
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Forums > Homeowner Association > HOA Discussions > HOA REUIREMENTS FOR MSDS/SDS DOCUMENTS RETENTION - FLORIDA



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