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WEBSITES REQUIRED BY LAW
In order to make association
business easier to watch for owner and to create more transparency,
the Florida Legislature enacted laws in 2019 requiring condominium
associations with more than 150 units to publish the so-called
"Official Records" on a password protected website -- see
FS 718.111(12)(g).
The number of 150 units will change on January 1, 2026 to 25 units.
FS 718.111(12)(g)
1. By
January 1, 2019, an association managing a
condominium with 150 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.
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. 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.
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. 468.4335, 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)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.
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 under 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 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.
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