By Anita Byer, Setnor Byer Insurance & Risk
Did you know that multiple changes to Florida’s Condominium Act went into effect July 1, 2021? As a result, board members have an obligation to find out if and how these new and amended laws may affect their condominium association and its operations. These changes may not be major or momentous, but they can be particularly significant to many, if not most associations. For condominium associations, this new legislation includes provisions that:
- Reduce the time period an association must maintain official records of bids for work, equipment or services from seven years to one year after receipt of the bid.
- Allow a renter to inspect and copy the declaration of condominium.
- Permit associations with 150 or more units to make official records available for inspection through an application that can be downloaded to a mobile device.
- Provide that only a board member’s service that occurs on or after July 1, 2018, may be used when calculating a board member’s term limit.
- Permit associations to electronically transmit the written notice of a meeting.
- Increase the maximum permissible fee an association may charge for the transfer of a unit from $100 to $150 (with adjustments every five years thereafter).
- Remove the prohibition against an association employing or contracting with a service provider that is owned or operated by a board member or person who has a financial relationship with a board member or officer.
- Permit unit owners to install charging stations for electric or natural gas fuel vehicles on a parking area exclusively designated for use by the unit owner. (Unit owners are responsible for the costs related to the installation, maintenance and removal of their charging stations.)
- Authorize the association board to make available, install or operate an electric vehicle charging station or a natural gas fuel station upon the common elements or association property, and to establish the charges or the manner of payments for the unit owners, residents or guests who use the electric vehicle charging station or natural gas fuel station.
Board members should be reviewing all new condominium-specific legislation, as well as any other applicable statutory amendments, to ensure compliance. Depending on the circumstances, consultation with the association’s attorney may be necessary. Setnor Byer Insurance & Risk can help associations and board members identify, manage and insure their unique risks. Please contact our team to discuss the various risk management services we provide our condominium association clients, including our Unit Owner Report Line and Division-Approved New Board Member Education.