“New Website Laws on the Horizon” – News-Press

Q: Do the new requirements for associations under Chapters 718 and 720 mandate that their websites must have public-facing pages, or is it sufficient for these websites to only have a password-protected area for members to access the required documents? (R.P., via e-mail)

A: Section 718.111(12)(g)1. of the Florida Condominium Act was amended, effective July 1, 2024, to provide that by January 1, 2026, every condominium association managing a condominium with 25 or more units, excluding timeshare units, must have a website. The law currently only requires an association managing a condominium of 150 or more units to have a website.

The statute contains a laundry list of documents that must be posted on the association’s website. The statute also provides an alternative of making the required records available through a mobile application.

Similarly, and becoming mandatory in just a few months, Section 720.303(4)(b)1. of the Florida Homeowners’ Association Act, mandates that associations with 100 or more parcels have a website operational by January 1, 2025.

Both statutes require that the website or application be accessible through the Internet and contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public, accessible only to owners and association employees.

The law requires the records to be “accessible through the Internet” and “inaccessible to the general public.” I would not interpret this law to require “public facing pages,” but there must be a separate subpage, portal or other protected location where only owners can review the official records of the association which are required to be posted.

Q:  My HOA keeps records for public meetings that only states the agenda, and nothing regarding discussion and resolutions. Is this allowed? Also, they do a “weekly” call in between themselves to discuss issues, is this allowed with zero minutes? (J.Y., via e-mail)

A: The Florida Homeowners’ Association Act does not specifically address what must be contained in minutes of board meetings. However, Section 720.303(3) of the statute does say that the minutes must reflect the vote or abstention of each director present at the meeting. Therefore, at the least, the minutes must reflect each item that was voted on and the vote of each director regarding that issue.

Regarding the “weekly” call in, the same section of the statute noted above defines a “board meeting” as any gathering of a quorum of the board where association business is conducted. Board members who participate remotely (by telephone or video conference) are considered to be “present” at the meeting. There is no requirement for votes to be taken for business to be conducted.

Therefore, unless the gatherings you described are for a purpose for which board meetings may be properly closed to owners (meetings regarding personnel matters and meetings with legal counsel regarding pending or proposed litigation), the call-ins should be advertised as board meetings and owners should be permitted to attend.

Q: What is the minimum time that must elapse between violations issued by a condominium association in Florida? Is there a specific statutory cooldown period between issuing these violations? (J.N., via e-mail)

A: No, the Florida Condominium Act does not specify a “cooldown period.”

Depending on the type of violation involved, and the action the association plans to take to address it, certain notice procedures must be followed. For example, if an association desired to seek remedies for a violation in court or through statutory formal alternative dispute resolution procedures (arbitration or mediation), the association must first give “reasonable notice” and an “opportunity to cure” (correct) the violation. What is “reasonable” will depend on factors unique to that matter.

Other remedies, such as fining, can be pursued without an “opportunity to cure” (though it is usually a good idea anyway), but there are other notice requirements that must be followed, including providing an opportunity for a hearing on the allegations.

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.