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IS YOUR CONDO WEBSITE UP AND RUNNING?
By
Eric Glazer, Esq.
Published January 14, 2019
The minute it struck midnight on New Year’s Eve, large scale
condominium associations were required by law to have their own
website. I’m proud to say I had a hand in getting this law
passed. When the law was first drafted, it was only to apply to
associations that had 500 or more units. This means less than
1% of condominiums in the state. After I had a private meeting
with the House member who drafted the bill, he agreed to reduce
the number to 150 units. Here is the law in its entirety:
718.111(12)
(g)1. By January 1, 2019, an association managing a condominium
with 150 or more units which does not contain timeshare units
shall post digital copies of the documents specified in
subparagraph 2. on its website.
a. The association’s website must be:
(I) An independent website or web portal wholly owned and
operated by the association; or
(II) A website 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, or
collection of subpages or web portals dedicated to the
association’s activities and on which required notices, records,
and documents may be posted by the association.
b. The association’s website 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 unit owners and employees
of the association.
c. 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.
2. A current copy of the following documents must be posted in
digital format on the association’s website:
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 thereto.
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 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. 468.436(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 on a separate subpage of
the website labeled “Notices” which is conspicuously visible and
linked from the front page. The association must also post on
its website 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 pursuant to s. 718.112(2)(c).
3. The association shall ensure that the information and records
described in paragraph (c), which are not allowed to be
accessible to unit owners, 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 required to be posted on the association’s website, the
association shall ensure the information is redacted before
posting the documents online. Notwithstanding the foregoing, the
association or its agent is not liable for disclosing
information that is protected or restricted pursuant to this
paragraph unless such disclosure was made with a knowing or
intentional disregard of the protected or restricted nature of
such information.
4. The failure of the association to post information required
under subparagraph 2. is not in and of itself sufficient to
invalidate any action or decision of the association’s board or
its committees.
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