Florida Condominium Website Law
HB 1237 / Florida Statute 718 Amendment of 2017

Summary

On June 26, 2017 Governor Rick Scott approved HB 1237*, amending Florida Statutes 718, and requiring that an association with 150 units or more to have a website and post digital copies of official records on it.

Since 2005, CondoSites has been providing websites to Florida condos and HOAs. Our product is fully compatible with the old and new sections of the "Sunshine Law" (a.k.a. Florida"s Condominium Act), and we can help guide you through the process of making sure your new community website is fully compliant with the law.

*HB 1237 contains similar language to HB 653 regarding the website requirement.

Let's Get Legal...
If you'd like to read the full text:
From the Florida Senate Website
Here is a summary of the bill:
From the Florida Condo & HOA Blog by Becker & Poliakoff, P.A.

WEBSITES FOR OFFICIAL RECORDS (Condominiums)

718.111(12)(g), Florida Statutes

By July 1, 2018, an association with 150 or more units which does not manage timeshare units shall post digital copies of the following official records on its website:

  • The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
  • The recorded bylaws of the association and each amendment to the bylaws.
  • 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.
  • The rules of the association.
  • Any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility. Summaries of bids for materials, equipment, or services must be maintained on the website for 1 year.
  • The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
  • The financial report required by subsection (13) and any proposed financial report to be considered at a meeting.
  • The certification of each director required by s.718.112(2)(d)4.b.
  • 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.
  • Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.436(2) and 718.3026(3).
  • 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.
  • 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).

The association shall ensure that the information and records described above, which are not permitted 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.

The website must be:

  • An independent website or web portal wholly owned and operated by the association;
  • 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;

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.

Upon the 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.

Florida Condominium Website Law
HB 1237 / Florida Statute 718 Amendment of 2017

Summary

On June 26, 2017 Governor Rick Scott approved HB 1237*, amending Florida Statutes 718, and requiring that an association with 150 units or more to have a website and post digital copies of official records on it.

Since 2005, CondoSites has been providing websites to Florida condos and HOAs. Our product is fully compatible with the old and new sections of the "Sunshine Law" (a.k.a. Florida"s Condominium Act), and we can help guide you through the process of making sure your new community website is fully compliant with the law.

*HB 1237 contains similar language to HB 653 regarding the website requirement.

Let's Get Legal...
If you'd like to read the full text:
From the Florida Senate Website
Here is a summary of the bill:
From the Florida Condo & HOA Blog by Becker & Poliakoff, P.A.

WEBSITES FOR OFFICIAL RECORDS (Condominiums)

718.111(12)(g), Florida Statutes

By July 1, 2018, an association with 150 or more units which does not manage timeshare units shall post digital copies of the following official records on its website:

  • The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
  • The recorded bylaws of the association and each amendment to the bylaws.
  • 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.
  • The rules of the association.
  • Any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility. Summaries of bids for materials, equipment, or services must be maintained on the website for 1 year.
  • The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
  • The financial report required by subsection (13) and any proposed financial report to be considered at a meeting.
  • The certification of each director required by s.718.112(2)(d)4.b.
  • 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.
  • Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.436(2) and 718.3026(3).
  • 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.
  • 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).

The association shall ensure that the information and records described above, which are not permitted 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.

The website must be:

  • An independent website or web portal wholly owned and operated by the association;
  • 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;

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.

Upon the 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.



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