Pursuant to the recent laws passed during the 2017 legislative session, Florida condominium associations with 150 or more units that do not manage timeshare units must have an independent website or web portal to post digital copies of various official records by July 1, 2018.
The website or web portal can either be wholly owned and operated by the association or operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate the website or web portal. Further, the website or web portal must be internet accessible, and the association must ensure the records are only accessible by unit owners and association employees. The documents that must be accessible via the website include: all the association’s governing documents and amendments; all management agreements, leases, and other contracts to which the association is a party; “summaries of bids” for materials, equipment, or services; the annual budget and any proposed budget; the financial report; and director certifications. Also, the association must post meeting notices and agendas for membership and board meetings either on the front page of the website or on a separate subpage labeled “Notices.” Furthermore, the association must upload a copy of any document to be considered or voted on by the members during any membership meeting. Lastly, if protected information or information restricted from being accessible to unit owners is included in documents that are otherwise required to be posted on the association’s website, the association must be sure to redact the privileged content before posting the documents online.
Condominium associations with 150 or more units should start the planning and budgeting process now so ensure compliance by the July 1, 2018 deadline. Condominium associations that fall within the criteria for a required website should consult with a licensed community association manager and qualified legal counsel to establish procedures and to ensure compliance with the new law.