HOUSE BILL 59 Ė 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 goÖÖ..  Letís start with an amendment to Florida Statute 720.303.

 

The following is all added:

(13) REQUIREMENT TO PROVIDE COPIES OF RULES AND COVENANTS.ó

(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 itís certainly going to cost the association some money to make sure every owner gets a copy of the docs, if the association doesnít 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.  Itís a no brainer.  If youíre not provided with a copy of these documents, itís hard to allege that you are deliberately not complying with them.  Once provided with a copy, you can forget about arguing ignorance.  We donít 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

Eric Glazer

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.

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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