HB 913: THE ASSOCIATION’S WEBSITE

As we have blogged about for the past few weeks, HB 913 is about to become law on July 1st.  The bill contains a myriad of topics.  Here are the new provisions regarding the association’s website:

Unless a shorter period is otherwise required, a document must be made available on the association's website or made available for download through an application on a mobile device within 30 days after the association receives or creates:

A current copy of the following documents must be posted in digital format on the association’s website or application:

a. The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.

b. The recorded bylaws of the association and each amendment to the bylaws.

c. 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.

d. The rules of the association.

e. 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.

f. The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.

g. The financial report required by subsection (13) and any monthly income or expense statement to be considered at a meeting.

h. The certification of each director required by s. 718.112(2)(d)4.b.

i. 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.

j. 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).

k. 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.

l. 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).

m. 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.

n. The association’s most recent structural integrity reserve study, if applicable.

o. Copies of all building permits issued for ongoing or planned construction.

So, this answers the question about how long an association has to actually post any of the above official records on the association’s website, once it comes into possession of it. 

In addition to the records already required, the association must post the following on its website:

The approved minutes of all board of administration meetings over the preceding 12 months.

The video recording or a hyperlink to the video recording for all meetings of the association, the board of administration, any committee, and the unit owners which are conducted by video conference over the preceding 12 months.

A copy of all affidavits required by this chapter.

So remember to save copies of the zoom or team meetings that the board participates in, and post them on the association’s website.

There is an obvious move toward making sure the owners not only get more of a chance to participate in association affairs, but has the right to inspect association affairs by having greater access to the association’s official records right at their finger-tips.

I have said this a lot, but between:

1.   making sure all of these records are placed on the association’s website;

2.   now having an obligation to obtain records that the association may not even have;

3.   providing timely access to the members;

4.   and preparing checklists for those owners that ask for access to official records,

Many associations will need to hire another person just to continually maintain and provide access to the official records in the manner now required by Florida Statute 718.

Contact our show producer Robert Lisman, for help with establishing a community association website, record-keeping services and general website consulting HERE

Watch our recent episode of Condo Craze and HOAs for more on association websites and HB913.

Season 3 Episode 18