28 Aug Does Florida’s New Website Requirement Apply to Your Condo Association?

Are you ready for http://www.InsertYourCondoHere.com? Thanks to a recent statutory amendment, if your condominium association has 150 or more units, you need to start getting ready.

By July 1, 2018, condo associations with 150 or more units are required to post digital copies of various documents on websites that are accessible through the Internet. This means that associations that don’t have a website have less than a year to get one.

Under the amended statute, which became effective on July 1, 2017, associations can operate their own independent website or web portal or use one operated by a third-party provider. Associations must use these websites to post current copies of various documents in digital format, including:

• The recorded declaration of condominium, recorded bylaws and filed articles of incorporation (including amendments);
• The association’s rules;
• The annual budget and any proposed budget being considered at the annual meeting;
• The required financial report and any proposed financial report being considered at a meeting;
• Each director’s statutorily required written certification or Certificate of Completion of a division-approved educational curriculum;
• Management agreements, leases or other contracts to which the association is a party or otherwise responsible (bid summaries must stay on the website for 1 year);
• Contracts or transactions between the association and any directors or officers (or any entity in which a director or officer has a financial interest); and
• Contracts or documents regarding directors with an actual or possible conflict of interest.

Notice of Meetings

Notice of any unit owner meeting and the agenda must be posted on the website at least 14 days before the meeting. Notices must be posted in plain view on the front page of the website, or on a separate subpage labeled “Notices” that is conspicuously visible and linked from the front page.

Notice of any board member meetings, the agenda and any other required documentation must also be posted on the website no later than the date required by law for such notice.

Secure Pages

An association’s website must contain secure or protected pages that are only accessible to unit owners and association employees. Usernames and passwords must be provided upon request. However, confidential information (privileged attorney communications, social security numbers, personnel and medical records, etc.) cannot be posted on the website. Documents containing any protected or restricted information must be redacted accordingly before being posted online.

The likelihood of mistakes goes up substantially whenever associations are adapting to something new. Board members must proceed cautiously when implementing this new statutory requirement to ensure compliance and avoid unintentional violations.

Setnor Byer Insurance & Risk is available to discuss ways to identify, manage and insure the risks facing condominium associations and their board members.

Clients of Setnor Byer’s Condominium Insurance Programs enjoy access to various risk management services, such as Setnor Byer’s Risk Management Group, Unit Owners’ Report Line, and our New Board Member Education Certification training, which has been approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes.

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