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Law for Homeowner Associations (HOA)

The full text can be found here: https://www.flsenate.gov/Session/Bill/2024/1203/BillText/er/PDF

720.303(3)(b), Florida Statute: Professional practice standards; liability; community association manager requirements.

3. A community association manager or community association management firm that is authorized by contract to provide community association management services to a homeowners’ association shall do all of the following:

Provide to the members of the homeowners’ association the name and contact information for each community association manager or representative of a community association management firm assigned to the homeowners’ association, the manager’s or representative’s hours of availability, and a summary of the duties for which the manager or representative is responsible. The homeowners’ association shall also post this information on the association’s website or application required under s. 720.303(4)

(b) The community association manager or community association management firm shall update the homeowners’ association and its members within 14 business days after any change to such information.

720.303(4)(b), Florida Statute: Official Records

1. By January 1, 2025, an association that has 100 or more parcels shall post the following documents on its website or make available such documents through an application that can be downloaded on a mobile device:

  • (a) The articles of incorporation of the association and each amendment thereto.
  • (b) The bylaws of the association and each amendment thereto.
  • (c) The declaration of covenants and a copy of each amendment thereto.
  • (d) The current rules of the association.
  • (e) A list of all current executory contracts or documents to which the association is a party or under which the association or the parcel owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year.
  • (f) The annual budget required by subsection (6) and any proposed budget to be considered at the annual meeting.
  • (g) The financial report required by subsection (7) and any monthly income or expense statement to be considered at a meeting.
  • (h) The association’s current insurance policies.
  • (i) The certification of each director as required by s. 720.3033(1)(a).
  • (j) All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated homeowners’ association or any other entity in which a director of an association is also a director or an officer and has a financial interest.
  • (k) Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.436(2)(b)6. and 720.3033(2).
  • (l) Notice of any scheduled meeting of members and the agenda for the meeting, as required by s. 720.306, at least 14 days before such meeting. The notice must be posted in plain view on the homepage of the website or application, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the homepage. The association shall also post on its website or application any document to be considered and voted on by the members during the meeting or any document listed on the meeting agenda at least 7 days before the meeting at which such document or information within the document will be considered.
  • (m) Notice of any board meeting, the agenda, and any other document required for such meeting as required by subsection (3), which must be posted on the website or application no later than the date required for notice under subsection (3).

2. The association’s website or application must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to parcel owners and employees of the association.

3. Upon written request by a parcel owner, the association must provide the parcel owner with a username and password and access to the protected sections of the association’s website or application which contains the official documents of the association.

4. The association shall ensure that the information and records described in paragraph (5)(g), which are not allowed to be accessible to parcel owners, are not posted on the association’s website or application. If protected information or information restricted from being accessible to parcel owners is included in documents that are required to be posted on the association’s website or application, the association must ensure the information is redacted before posting the documents. Notwithstanding the foregoing, the association or its authorized agent is not liable for disclosing information that is protected or restricted under paragraph (5)(g) unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

720.303(4)(c), Florida Statutes

(c) The association shall adopt written rules governing the method or policy by which the official records of the association are to be retained and the time period such records must be retained pursuant to paragraph (a). Such information must be made available to the parcel owners through the association’s website or application.

Law for Condo Associations

The full text can be found here: https://www.flsenate.gov/Session/Bill/2024/1021/BillText/c3/PDF

This new law gets effective January 1, 2025.

Click here for the current Condo Website law: Website Law for Condos

718.111(12)(g), Florida Statutes: Websites for Official Records

1. An association managing a condominium with 25 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website.

  • (a) The association’s website must be: I. An independent website or web portal wholly owned and operated by the association; or II. A website or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal, or collection of subpages or web portals dedicated to the association’s activities and on which required notices, records, and documents may be posted by the association.
  • (b) The association’s website must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.
  • (c) Upon a unit owner’s written request, the association must provide the unit owner with a username and password and access to the protected sections of the association’s website that contain any notices, records, or documents that must be electronically provided.

2. A current copy of the following documents must be posted in digital format on the association’s website:

  • (a) The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
  • (b) The recorded bylaws of the association and each amendment to the bylaws.
  • (c) The articles of incorporation of the association, or other documents creating the association, and each amendment thereto. The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State.
  • (d) The rules of the association.
  • (e) A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website for 1 year. In lieu of summaries, complete copies of the bids may be posted.
  • (f) The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
  • (g) The financial report required by subsection (13) and any monthly income or expense statement to be considered at a meeting.
  • (h) The certification of each director required by s. 718.112(2)(d)4.b.
  • (i) All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association or any other entity in which an association director is also a director or officer and financially interested.
  • (j) Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.436(2)(b)6. and 718.3027(3).
  • (k) The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)., no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website, or on a separate subpage of the website labeled “Notices” which is conspicuously visible and linked from the front page. The association must also post on its website any document to be considered and voted on by the owners during the meeting or 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.
  • (l) Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice pursuant to s. 718.112(2)(c).
  • (m) The inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property.
  • (n) The association’s most recent structural integrity reserve study, if applicable.
  • (o) Copies of all building permits issued for ongoing or planned construction.

3. The association shall ensure that the information and records described in paragraph (c), which are not allowed permitted to be accessible to unit owners, are not posted on the association’s website. If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association’s website, the association shall ensure the information is redacted before posting the documents online. Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted pursuant to this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

4. The failure of the association to post information required under subparagraph 2. is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees.