Things have changed for Florida Condo Boards and how Florida Condominiums are operated by their condo associations after the 2017 Florida legislative session. New laws have been enacted that work toward making things much more transparent for condo owners and condo residents.
And they work to do away with the overwhelming state-wide problem of tyrannical Condo Boards that tried to dictate, control, and overwhelm many condo owners. This particular problem was dealt with in a specific amendment to Florida Statute 718.111(1) that we discussed in an earlier post.
That change (SB1682), effective July 2017, goes so far as to allow for criminal charges to be filed against Florida Condo Board Members if they violate certain provisions of the Florida Condominium Act.
The Fort Lauderdale skyline is filled with condominium towers.
Condo Association Websites: Official Records Must Be Available Online
Working in tandem with this amendment comes another new piece of legislation (HB653) passed in 2017. This new law appears as another amendment to Florida Statute 718.111.
Effective in July 2018, pursuant to new Florida Statute 718.111(12)(g), Florida condo associations (with 150+ units) not only must provide websites but they must be managed and updated according to statutory requirements.
Official records of the Condominium itself must be upload and available online, as described in detail in the new statute.
Condo Unit Owners, Buyers, Renters All Benefit
Again, the goal here is greater transparency for the condo owners and condo residents. However, this new law is important to more than the condo owner. The information provided in these documents is also important to:
- Those who are considering purchasing a condo unit in that condominium; and
- Those renting one of these condos, either short-term or long-term.
Why? First of all, the Florida Condominium Act legislates and control condominiums owned and operated here in the State of Florida. However, insofar as the particular condominium, there will also be legal requirements within its articles of incorporation; its bylaws; and other rules and regulations specific to that property.
When someone buys or rents a Florida condo, they are subject to the rules and regulations of that particular condominium. Condos are governed by Condo Associations and their Board of Directors (Condo Boards). Everyone (the directors, the residents, their guests, service providers, etc.) must obey these specific bylaws, rules, and articles of incorporation that apply to the condominium.
Accordingly, each unit owner as well as any resident who is renting a condo unit needs to be aware and knowledgeable about the dos and don’ts of that condominium.
- Can they use the visitor parking spaces when the grandkids visit?
- Can they get a dog? A big dog?
- May someone under the age of 55 lease the condo?
- May the buyer enclose the balcony if he purchases the unit?
Additionally, there may be questions about the activities of the condo association and its Condo Board. How is the condominium being managed is a legitimate concern of condo residents, who may ask things like:
- Why isn’t the condo maintenance being done?
- Where is the money being spent by the Condo Board?
- What does the budget provide insofar as repair of the parking lot or pool area?
Legally, lots of issues and controversies arise regarding the condo association documents – and how they are interpreted by the Condo Board.
Having full transparency and easy access to the documents being mandated as part of the Condo Web Site allows for a review of these government documents both by the owner, potential buyer, or tenant as well as his lawyer.
See:
- What Happens if the Home or Condo is Damaged Before the Real Estate Closing?
- 10 Articles For Florida Condominium Owners
- Florida Condos, Coops, TimeShares, HOAs, and CDDs: Know the Difference Before You Buy
- Rights of a Florida Condo Tenant
Requirements of the New 2017 Condo Website Law
Right now, if you scroll through South Florida Condo web sites, many look like pretty brochures advertising the properties as well as their location and amenities. That’s fine. However, after the new Condo Website Law goes into effect, they must be a lot more than just a pretty face.
Here are some of the new requirements as provided by the statutory amendment of Florida Statute new Florida Statute 718.111(12)(g):
Ownership and Operation of the Condo Web Site
The association’s website must be:
- Independent as a web site or web portal;
- It must be wholly owned and operated by the condo association or if operated by a third party provider, then the condo association must own, lease, rent, or otherwise obtain the right to operate the web pages or portals;
- The web site or web portal must be dedicated to the condo association’s activities;
- All required notices, records, and documents must be able to be posted by the association on the site or portal.
Access to the Condo Web Site
Access to the Condo website must be available through the internet as follows:
- It must have a protected electronic location (subpage, etc.) that is inaccessible to the general public;
- It must provide access to this protected electronic location to unit owners and employees of the association;
- User names and passwords must be available to condo unit owners upon their request so they can access this protected electronic location;
- In this protected area of the Condo Web Site, the association must upload and maintain its notices, records, or documents that must be electronically provided according to Florida law and regulation.
Documents That Must Be Available on the Condo Web Site
The Condo Web Site must upload and maintain current copies of specific association documentation, provided in a digital format accessible by unit owners. These documents must include the following by law:
- The recorded declaration of condominium of each condominium operated by the association;
- Each amendment to each of these declarations.
- The recorded bylaws of the association;
- Each amendment to these bylaws.
- The articles of incorporation of the association, or other documents creating the association, as filed with the Department of State;
- Each amendment to these creation documents, as filed with the Department of State;
- The rules of the association;
- Any management agreement, lease, or other contract to which the association is a party;
- Any management agreement, lease, or other contract to which the association or the unit owners have an obligation or responsibility.
- Summaries of bids for materials, equipment, or services must be maintained on the website for 1 year.
- The annual budget required by Florida Statute718.112(2)(f);
- Any proposed budget to be considered at the annual meeting;
- The financial report required by Florida Statute 718.111 (13);
- Any proposed financial report to be considered at a meeting;
- The certification of each director required by Florida Statute 718.112(2)(d)4.b;
- All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association;
- All contracts or transactions between the association and any other entity in which an association director is also a director or officer and financially interested;
- Any contract or document regarding a conflict of interest or possible conflict of interest as provided in Florida Statute 468.436(2) and Florida Statute 718.3026(3);
- Any contract or document regarding a possible conflict of interest as provided in Florida Statute 468.436(2) and Florida Statute 718.3026(3);
- The notice of any unit owner meeting and the agenda for the meeting, as required by Florida Statute 718.112(2)(d)3., no later than 14 days before the meeting;
- Any document to be considered and voted on by the owners during the meeting;
- Any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered;
- Notice of any board meeting, the agenda, and any other document required for the meeting as required by Florida Statute 718.112(2)(c), which must be posted no later than the date required for notice pursuant to Florida Statute 718.112(2)(c).
Notices on the Condo Web Site
Any notice that is required to be given by the condo association has to be placed on the Condo Website in a specific manner, as follows:
- The notice must be posted in plain view on the front page of the website; or
- Alternatively, the notice can be placed on a separate subpage of the website labeled “Notices” which is conspicuously visible and linked from the front page.
Documents or Information Not Accessible to Condo Unit Owners
There may be information and records which are not permitted to be accessed by unit owners. These are not to be posted and uploaded to the Condo Web Site.
However, if there is a document that contains some information that is allowed for viewing by a condo unit owner, then the condo association must upload it to the web site, after redacting out the restricted or protected information it contains.
Privacy Concerns for Condo Owners
Greater transparency for all Florida condo documents is good news to condo unit owners as well as those interested in buying a Florida condo and those who reside in them as tenants. This new law allows digital access to the government documentation for the condominium. This is a good thing.
Of course, there may be a concern by some that placing these private documents (which include personal information) online in a website will expose some people to harm (like identity theft) or invasion of privacy. This is valid.
However, with proper website management and security procedures in place, the private section of the Condo Web Site should be inaccessible to those who are not legitimately entitled to view the documentation. Other businesses have already implemented these types of private sections of their public websites successfully and without issue.
Key here is providing easy access to legal documentation to those impacted by that documentation.
This ease of access is vital to those with conflicts and controversies with overstepping Condo Boards. It is also important to keeping Condo Boards in check by a faster check and balance system over things like the budget as well as the bidding process.
Florida Condo Lawyer
If you own or rent a Florida condo, or if you have an interest in purchasing a Florida condo and have questions about your rights or remedies under its bylaws, etc., then a Florida real estate lawyer can be a great help to you.
Please feel free to contact our offices with any questions you may have. We offer free initial consultations.
If you found this information helpful, please share this article and bookmark it for your future reference.
