You may not know it but your Florida condominium association may be required to have a website containing a wealth of useful information for unit owners. In the age of technology and transparency, access for unit owners to everything from notices of board meetings to copies of budgets, bids, declarations, and financial reports should be only a few clicks away. Florida law now requires condo associations with 150 or more units to have a website and to post digital copies of official records on it.
As of January 1, 2019, condo association websites must post the following information:
- Recorded declaration of each condo operated by the association, including any amendments
- Recorded bylaws of the association, plus any amendments
- Articles of incorporation of the association, or other documents creating the association, including any amendments
- Rules of the association
- 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
- List of bids received by the association within the past year (to be posted after bidding closes)
- Summaries of bids (or complete copies of the bids) for materials, equipment, or services which exceed $500 must be maintained on the website for one year
- Annual budget and any proposed budget to be considered at the annual meeting
- Financial report and any monthly income or expense statement to be considered at a meeting
- Certification of each director
- 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
- Any contract or document regarding a conflict of interest or possible conflict of interest
- Notice of any unit owner meeting and the agenda for the meeting (notice must be posted on the front page of the website no later than 14 days before the meeting), as well as any document to be considered or voted on by the owners or listed on the agenda (must be posted at least 7 days before the meeting)
- Notice of any board meeting, the agenda, and any document required for the meeting
Importantly, posting on the website is not an “in lieu of” requirement; it is an “in addition to” requirement. In other words, just because the notice and agenda of a meeting is posted on the website does not do away with the requirements to mail/deliver the notice to members or to post the notice conspicuously at the association. So if you are not technologically inclined, you will continue to receive notice by mail. On the other hand, if your e-mail address is included in the association’s official records, you will also receive electronic notice of any board or shareholder meetings.
Keep in mind that if any of the documents required to be posted on the website contain confidential or privileged information that should be protected from disclosure, the document will likely be redacted prior to posting.
It should be noted that the law makes clear that the failure of the association to post the required information is not “in and of itself sufficient to invalidate any action or decision of the association’s board or its committees.”
How to Ensure You Have Full Access to the Required Information
The website must contain a web portal or other protected electronic location that is only accessible to unit owners and association employees. However, unit owners must make a written request for a username and password to be able to access the portal. Upon request, the association must provide owners with a username and password.
How a Florida Condo Attorney Can Help
If you are involved in a dispute with your Condo or HOA and have reached a roadblock or you need assistance with next steps, we welcome you to contact us at (954) 966-4909. We serve the legal needs of individual condominium owners, home owners and cooperative owners in resolving disputes with their associations throughout Florida, including Broward, Dade and Palm Beach Counties, as well as Hollywood, Davie, Pembroke Pines, Hallandale, Sunny Isles, Aventura, Miami, North Miami, Brickell, Boca Raton, West Palm Beach, and Naples. We do not represent associations.
Please note that free case evaluation is by telephone and does not include legal advice. Office consults with legal advice are available on a flat fee basis.