If you have a condo association in Florida, it’s imperative you stay on top of applicable legislative changes that go into effect each year. For example, there is a new legislation regarding the requirement that associations with 150 or more units maintain a website and post copies of official records. The change was added effective July 1, 2018, but the deadline for compliance has been extended to January 1, 2019.
While a lot of professionals and board members are not keen on having a community website or social media, the state of Florida may not give you much choice. Here’s what you need to know about the amendments to Chapter 718, Florida Statutes.
As mentioned, this new law affects associations that are managing a condominium complex with 150 or more units and don’t have timeshare units. Condo associations that fall under this description must post digital copies of specific documents, which include:
- A recorded declaration of condominium for each condo managed and operated by the association and every amendment to each recorded declaration.
- Copy of all recorded association bylaws and any subsequent amendment
- Any documents creating the association, like the articles of incorporation which has to be the same version as filed with the Department of State
- Association rules
- Any summaries or bids for equipment, materials, or services that exceed $500 — these must remain on the site for a year
- Annual budget and any proposed budget that is discussed and considered at annual meetings
- Certification of each director
- Contracts or documents related to a possible conflict of interest
- Notices for any unit owner meetings, along with the agenda; must be posted no later than 14 days prior to a meeting and on the front page of the website in plain view, or a separate page with the heading “Notices” which is linked to from the home page
- Any documents that are to be considered and voted on during an owners’ meeting must be online at least seven days before the meeting date.
- Notice of any board meeting, the agenda, and any related documentation required for the meeting; must be posted no later than the required date for notice
There are additional requirements, which is why it’s important you contact a knowledgeable West Palm Beach condo association attorney who can help ensure your association is compliant with all website requirements as well as other legislative changes.
Does this Affect HOAs?
For those managing a homeowners association, there is another law that was passed during the same session that could apply to HOAs and Co-ops, given that it references “every association”. The state has different laws for HOAs and Condos, but some scenarios could cause some ambiguity, like a townhouse, PUD, or mixed use, for example. This is why having a skilled Florida HOA and condominium law firm, like Pincus & Currier, is so important.
Pincus & Currier, West Palm Beach Community Association and HOA Lawyers
The attorneys at Pincus & Currier are well-versed in Florida statutes regarding both condominium units and HOAs. We can act as your outside general counsel, providing advice and legal representation. Contact our office at 561-868-1340 to schedule a consultation.