|
FS 718.111(12)(g)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 or make such documents
available through an application that can be downloaded
on a mobile device. Unless a shorter period is otherwise
required, a document must be made available on the
association’s website or made available for download
through an application on a mobile device within 30 days
after the association receives or creates an official
record specified in subparagraph 2.
a. The association’s website or application must be:
(I) An independent website, application, or web portal
wholly owned and operated by the association; or
(II) A website, application, 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, collection of subpages
or web portals, or an application which is dedicated to
the association’s activities and on which required
notices, records, and documents may be posted or made
available by the association.
b. 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 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 or application which 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 or
application:
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 to the articles of incorporation or other
documents. 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. The approved minutes of all board of administration
meetings over the preceding 12 months.
f. The video recording or a hyperlink to the video
recording for all meetings of the association, the board
of administration, any committee, and the unit owners
which are conducted by video conference over the
preceding 12 months.
g. 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 or
application for 1 year. In lieu of summaries, complete
copies of the bids may be posted.
h. The annual budget required by s. 718.112(2)(f)
and any proposed budget to be considered at the annual
meeting.
i. The financial report required by subsection (13) and
any monthly income or expense statement to be considered
at a meeting.
j. The certification of each director required by 2s. 718.112(2)(d)4.b.
k. 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.
l. Any contract or document regarding a conflict of
interest or possible conflict of interest as provided in
ss. 468.4335, 468.436(2)(b)6., and
718.3027(3).
m. The notice of any unit owner meeting and the agenda
for the meeting, as required by 3s. 718.112(2)(d)3.,
no later than 14 days before the meeting. The notice
must be posted in plain view on the front page 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 front page.
The association must also post on its website or
application 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.
n. 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 under s. 718.112(2)(c).
o. 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.
p. The association’s most recent structural integrity
reserve study, if applicable.
q. Copies of all building permits issued for ongoing or
planned construction.
r. A copy of all affidavits required by this chapter.
3. The association shall ensure that the information and
records described in paragraph (c), which are not
allowed to be accessible to unit owners, are not posted
on the association’s website or application. 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 or application, the association shall ensure the
information is redacted before posting the documents.
Notwithstanding the foregoing, the association or its
agent is not liable for disclosing information that is
protected or restricted under 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. |
