Q: I am on the board of our homeowners’ association. I have been reading about all the new required actions our board is supposed to take. One of the new changes deals with sending our documents out. Can you clarify what we are supposed to do? (S.F., via e-mail)
A: Pursuant to Section 720.303(15) of the Florida Homeowners’ Association Act, before October 1, 2024, every HOA must provide a physical or digital copy of the association’s “rules and covenants” to every member of the association. HOAs may also comply with this requirement 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.
The foregoing notice must be sent by electronic mail (e‑mail) to any member of the association who has consented to receive official association notices by electronic transmission, and by regular 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.
The association must also provide a physical or digital copy of the association’s rules and covenants to every new member. Additionally, every time the association amends the association’s rules or covenants, every member must be provided with an updated copy of the amended rules or covenants. Your HOA may adopt rules establishing standards for the manner of distribution and the timeframe for providing copies of updated rules or covenants.
This year’s changes to the laws are consistent in their ambiguity. The new law is not clear as to what is meant by the words “rules and covenants,” as those are not defined terms (the statute does define “governing documents” as the declaration of covenants/deed restrictions, articles of incorporation, and bylaws). It also does not say how notice is to be given if the documents are being sent out physically rather posted on a website.
Attempting to give these terms their plain meanings, I believe the law requires only that the declaration of covenants/deed restrictions and rules and regulations be sent out/posted. The articles of incorporation and bylaws, unless they establish use restrictions, do not need to be sent out, but I would recommend doing so anyway to avoid being a “test case” under the new law. Board policies, such as records access procedures, do not need to be sent out, but any document or policy that establishes use restrictions or controls (such as architectural standards or application procedures) must be. As to the manner of sending the documents, I would argue that following the same procedure as notification of website posting is a reasonable approach.
Q: My condominium board approved the annual budget and later increased monthly assessments that fiscal year without posting notifications of budget committee meetings. When I mentioned the need for a posted budget committee, the board replied there isn’t one and that unit owners can meet those working on the budget. What is the correct monthly assessment amount to be paid? (H.W., via e-mail)
A: The correct monthly (or quarterly) assessment must be based on a budget properly adopted or amended by the board (and, if required, unit owners), including compliance with the association’s governing documents and applicable state laws.
Section 718.112(2)(e)1. of the Florida Condominium Act states that any meeting where a proposed annual budget of a condominium association will be considered by the board or unit owners must be open to all unit owners. Notice of such a meeting, along with a copy of the proposed annual budget, must be provided to each unit owner at least 14 days before the meeting. Notice of the meeting, along with the agenda, must also be posted on the condominium or association property 14 days before the meeting, in a location specified by the board as the place of posting of official notices.
Under Rule 61B-22.003(7) of the Florida Administrative Code, any amendment to a budget must follow the same procedures required for adoption of the budget in the first instance.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.