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HOUSE BILL 59 – PROVIDING COPIES OF THE DOCS
By
Eric Glazer, Esq.
Published March 4, 2024
So The Florida Legislature is only in session for another four
days. Over the next few weeks we want to educate you about the
bills that passed both The Florida House and The Florida
Senate. So here we go…….. Let’s start with an amendment to
Florida Statute 720.303.
The following is all added:
(13) REQUIREMENT TO PROVIDE COPIES OF RULES AND COVENANTS.—
(a) Before October 1, 2024, an association shall provide a
physical or digital copy of the association's rules and
covenants to every member of the association.
(b) An association shall provide a physical or digital copy of
the association's rules and covenants to every new 3 member of
the association.
(c) If an association's rules or covenants are amended, the
association must provide every member of the association with an
updated copy of the amended rules or covenants. An association
may adopt rules establishing standards for the manner of
distribution and timeframe for providing copies of updated rules
or covenants.
(d) The requirements of this subsection may be met by posting a
complete copy of the association's 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 and the association sends notice to each member of
the association of its intent to utilize the website for this
purpose. Such notice must be sent in both of the following ways:
1. By electronic mail to any member of the association who has
consented to receive notices by electronic transmission and
provided an electronic mailing address to the association for
that purpose.
2. By mail to all other members of the association at the
address identified as the member's mailing address in the
official records of the association.
Section 2. This act shall take effect July 1, 2024.
While it’s certainly going to cost the association some money to
make sure every owner gets a copy of the docs, if the
association doesn’t have a website --- I think the statute has
good intentions. Everyone should have a copy of the rules, the
declaration, the articles and the bylaws. It’s a no brainer.
If you’re not provided with a copy of these documents, it’s hard
to allege that you are deliberately not complying with them.
Once provided with a copy, you can forget about arguing
ignorance. We don’t want ignorance, on the contrary, we want
well informed owners.
What do you think about this new law?
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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