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Condo Association Website Compliance Checklist

The Florida law mandating condominium association websites went into effect at the start of 2019.  By now, all condominium associations with 150 units or more (excluding timeshares) should have launched a website that complies with the new law.  Those that have not already created their website should do so immediately in order to avoid any potential repercussions.

Under the new law, password-protected condominium websites for the exclusive access by association members must include the recorded declaration of condominium and bylaws along with any amendments to each, the articles of incorporation filed with the state, and the association’s rules and regulations.  The website must also include a list of all executory contracts and transactions to which the association is a party or under which the association or unit owners have an obligation.

After bidding for related materials, equipment or services, the website must include a list of bids received by the association within the past year.  Summaries of bids in excess of $500 received from vendors during the past year for materials, equipment or services must be maintained on the website for one year.  In lieu of summaries, however, the association may post complete copies of those bids.

Condo websites must also feature the current annual budget, the proposed budget to be considered at the next annual meeting, year-end financial reports, and any monthly income or expense statements that will be considered at a meeting.  The current board member certifications for each director must also be included.

In addition, notices of all board and membership meetings along with their corresponding agendas and any other document(s) required for each meeting must be posted.  All meeting notices must be posted on the homepage of the website or on a “Notices” subpage.

Time deadlines for posting notices online must comply with the Condominium Act.  Notices of membership meetings must be posted online at least 14 days before the meeting.  Notices of board meetings must be posted online at least 48 hours before a regular meeting or 14 days before a meeting to consider adoption of a special assessment or rules affecting unit use.  Finally, any documents that unit owners will consider and vote on at a membership meeting must be posted online at least seven days before the membership meeting.

Some property management companies are providing their association clients with websites.  Though these can be quite useful and streamline the process of starting a website from scratch, associations should keep in mind that any change in management can cause an interruption in service that leads to falling out of compliance with the statute.  Associations and their attorneys should consider taking ownership of their website from their property management provider to avoid any gaps in service.

Associations should also designate a board member to oversee the ongoing website updates, and they should consult with highly qualified and experienced community association attorneys to help ensure that compliance with the statutory requirements is fully achieved.  Our firm’s other community association attorneys and I write about important issues for associations in this blog, and we encourage association members, directors and property managers to enter their email address in the subscription box on the right to automatically receive all of our future articles.

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