The 2024 legislative session resulted in a number of changes to the laws governing Florida condominium and homeowner associations. Within those changes included deadlines for certain actions to be undertaken by the association and, in some instances, members of the Board of Directors. Below is a summary of these upcoming deadlines, with comments from our firm to be considered by the association.
Homeowners Associations
Immediate Action:
- Adoption of written rules governing the method or policy by which official records are to be retained and the time period such records must be retained.
- Adoption of hurricane protection specifications for each structure or other structures on a parcel.
- Note: Associations should review their current architectural guidelines/criteria to determine if modifications are required to comply with this new law. Associations are recommended to work with a qualified third party, such as an architect, engineer, or contractor, to help develop specifications.
- Board members appointed or elected on or after July 1, 2024 must take approved board certification course within ninety (90) days of being appointed or elected.
Before October 1, 2024
- Provide physical or digital copies of the association’s rules and covenants to ever member of the association and to every new member.
- Note: The association can satisfy this requirement by posting a complete copy of the rules and covenants, or a direct link thereto, on the homepage of the association’s website if such website is accessible to the members of the association. The association must also send notice of its intent to utilize the website for this purpose (1) by electronic mail to those members who have consented to receive notices by electronic transmission, and (2) by regular mail to all other members.
January 1, 2025
- Associations with 100 or more parcels must post the following official records to their website or through a mobile application:
- The articles of incorporation of the association and each amendment thereto.
- The recorded bylaws of the association and each amendment thereto.
- The declaration of covenants and a copy of each amendment thereto.
- The current rules of the association.
- A list of all current executory contracts or documents to which the association is a party or under which the association or the parcel owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year.
- The annual budget and any proposed budget to be considered at the annual meeting.
- The financial report and any monthly income or expense statement to be considered at a meeting.
- The association’s current insurance policies.
- The certification of each director as required by F.S. 720.3033 (1)(a) (2024).
- All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated homeowners’ association or any other entity in which a director of an association is also a director or an officer and has a financial interest.
- Any contract or document regarding a conflict of interest or possible conflict of interest as provided in F.S. 468.436(2)(b)6. (2024) and F.S. 720.3033(2) (2024).
- Notice of any scheduled meeting of members and the agenda for the meeting, as required by F.S. 720.306, at least 14 days before such meeting. The notice must be posted in plain view on the homepage of the website or application, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the homepage. The association shall also post on its website or application any document to be considered and voted on by the members during the meeting or any document listed on the meeting agenda at least 7 days before the meeting at which such document or information within the document will be considered.
- Notice of any board meeting, the agenda, and any other document required for such meeting, which must be posted on the website or application no later than the date required for notice.
- Note: the website or mobile application must be accessible through the internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to parcel owners and employees of the association.
Condominium Associations
Immediate Action
- Adoption of hurricane protection specifications for each building, which may include color, style, and other factors deemed relevant by the board. Notably, approved hurricane protections installed by the Association or a Unit Owner are not subject to the material alteration provisions of F.S. 718.113 (2024)
- Note: Associations should review their current architectural guidelines/criteria to determine if modifications are required to comply with this new law. Associations are recommended to work with a qualified third party, such as an architect, engineer, or contractor, to help develop specifications. Additionally, the association should carefully review its governing documents regarding the party able to install and maintain alterations to the condominium property.
Before July 1, 2025
- Board members elected or appointed before July 1, 2024 must take division-approved course lasting at least four (4) hours as required by F.S. 718.112(2)(d)4.b (2024). The course must include instructions on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements.
- Note: Board members elected or appointed on or after July 1, 2024 must complete such education requirements within ninety (90) days of election or appointment
January 1, 2026
- Associations managing a condominium with 25 or more units which does not contain timeshare units shall post digital copies of certain official records on its website or through a mobile application. Those official records are listed below:
- The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
- The recorded bylaws of the association and each amendment to the bylaws.
- The articles of incorporation of the association, or other documents creating the association, and each amendment to the articles of incorporation or other documents. The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State.
- The rules of the association.
- A 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 and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website or application for 1 year. In lieu of summaries, complete copies of the bids may be posted.
- The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
- The financial report required by subsection (13) and any monthly income or expense statement to be considered at a meeting.
- The certification of each director required by s. 718.112(2)(d)4.b.
- 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 as provided in ss. 468.4335, 468.436(2)(b)6., and 718.3027(3).
- The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)3., no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website or application, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the front page. The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered.
- Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice under s. 718.112(2)(c).
- The inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property.
- The association’s most recent structural integrity reserve study, if applicable.
- Copies of all building permits issued for ongoing or planned construction.
- Note: the website or application must be (1) an independent website, application or web portal wholly owned and operated by the association; or (2) a website, application, or web portal operated by a third-party provider with whom the association owns, leases, rents or otherwise obtains the right to operate a web page, subpage, web portal, collection of subpages or web portals, or an application which is dedicated to the association’s activities and on which required notices, records, and documents may be posted or made available by the association.
If you have any questions on the above, please contact our office to assist with these upcoming deadlines. Our firm has a team of attorneys, including three attorneys that are Florida Bar Board Certified in Condominium and Planned Development Law, ready to assist community associations across the state on these issues.
*Disclaimer : the information contained in this communication does not constitute legal advice and is for general educational purposes only. Associations and managers are recommended to contact legal counsel for further discussion on how these changes may impact your community.*