Everything Your Association Needs to Know About the “Florida Condo Website Law”
By January 1st, 2019 a condominium association with 150 or more units is required to post digital copies of official records on an association website or a web portal wholly owned and operated by the association or a website or web portal operated by a third-party provider.
Currently an association with less than 150 units is not required to comply with the new statute; however, it is possible for this to change at any time.
So what do you need to know?
Website Ownership and Content Management Considerations
First, associations that already have a website provided by their management company, should review the agreement to confirm whether or not that website is owned by the association or by the management company. In the case of KWPMC clients, the websites we provide our associations with will be compliant long before the deadline and the Association will always own the content of the site, which can be migrated to a new site, should the Association choose to end its relationship with our company.
However, if your association currently has its own website independent of your management company, do you have a Content Management System for that website or do you rely on a website designer to upload your content? If the answer is the latter, you must review that protocol with your webmaster as association documentation must be uploaded in a timely manner to your website in order to comply with the new law.
Additional Costs Should Be Added To Monthly/Annual Budget
Unless already provided by your management company and included in your fees, the costs of building and then maintaining the website should become a recurring expense which must be accounted for in the annual budget.
Be Clear On What Should Be Posted On Website
The statute requires “current” copies of various documents which are delineated in §718.111(12)(g)2, Fla. Stats. Posting on the website is not an “in lieu of” criteria, it is an “in addition to” criteria.
In other words, just because the notice and agenda of a member’s meeting is posted on the website does not do away with the requirements to mail/deliver the notice to members or the requirement to post the notice conspicuously at the association. Also if any of the documents which are to be posted on the website, contain information which should be protected from disclosure, the document must be redacted prior to posting.
- Recorded declaration of condominium and each amendment to the declaration
- Recorded bylaws of the association and each amendment to the bylaws
- Articles of incorporation of the association and each amendment
- The rules of the association
- Management agreement, lease or contract to which the association is a party to
- Summaries of bids for materials, equipment or services must be maintained on the website for a full year
- Annual budget and any proposed budget to be considered at annual meeting
- Financial report required by subsection (13) and any financial reports to be considered at meetings
- Each director’s certification
- Contracts, transactions between the association and any director, officer, corporation
- Any contract or document regarding conflict of interest or possible conflict of interest
- The notice of any unit owner meeting and the agenda for the meeting no later than 14 days before the meeting
- Notice of any board meeting, the agenda and any other document requirement for the meeting posted no later than the dates specified in Florida statutes
Who Should Have Access to What & How
The association’s website must be accessible through the Internet and must contain a password-protected section that is inaccessible to the general public and accessible only to unit owners and employees of the association. Upon a unit owner’s written request, the association must provide the unit owner with a username and password and access to the protected sections of the association’s website that contain any notices, records, or documents that must be electronically provided.
The association must ensure that privileged information and privileged records are not posted on the association’s website. 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.
Tags: condo association website regulation florida, condo association website requirements, condo website law due 2019, condo website requirements, florida condo association website, Florida Condo Website Law, florida condo website requirements, florida condo websites, new condo website law in florida