2024 New Laws for Condominium Associations

In this article:

• Owner Email Addresses, Facsimile Numbers, and Personal Information
• New Documents that are Now Official Records
• Requirement to Organize and Official Records and Recover Missing Records
• Owner Requests to Inspect Official Records
• New Documents to be Posted on Association Websites
• Financial Reporting
• Websites Required for Smaller Condominiums
• Board Meetings
• New Board Director Education Requirements
• Pause on Collection of Reserves for a Natural Emergency
• Notice to Owners and DBPR Required for SIRS
• Hurricane Protection
• Statute of Repose - Turnover
• Condominiums within Other Buildings
• DBPR Investigative Powers

HB 1021, effective July 1, 2024 unless stated otherwise

Owner Email Addresses, Facsimile Numbers, and Personal Information

If a unit owner consents to receive electronic notices from the association, then the owner's email and fax number can be shared with other unit owners unless the owner requests to opt out of sharing that information with other unit owners.§718.111(12)(a), Florida Statutes.

Associations "must ensure" that unit owner email addresses and facsimile numbers are only used for the business operation of the association, and "may not be sold or shared with outside third parties."However, associations are not liable for inadvertent disclosure of email addresses and facsimile numbers "unless such disclosure was made with a knowing or intentional disregard of the protected nature of such information."§718.111(12)(a), Florida Statutes.

Associations must redact any personal information that is included in documents that are released to third parties (not including unit owners) before providing such documents.§718.111(12)(a), Florida Statutes.

New Documents that are Now Official Records

Official Records now include:

"All invoices, transaction receipts, or deposit slips that substantiate any receipt or expenditure of funds by the association."

A copy of all building permits.

A copy of all satisfactorily completed board member educational certificates.

§718.111(12)(a)(11)(b) Florida Statutes.

Requirement to Organize and Official Records and Recover Missing Records

Official records now "must be maintained in an organized manner that facilitates inspection of the records by a unit owner."§718.111(12)(b), Florida Statutes.

If official records have been lost or destroyed, or are otherwise unavailable, the association has "a good faith obligation to obtain and recover those records as is reasonably possible."§718.111(12)(b), Florida Statutes.

Owner Requests to Inspect Official Records

If the records that an owner requests to inspect are posted on the association's website, or available to download on an app, the association can fulfill its duty to provide those records by directing the owner to the website or app.§718.111(12)(c), Florida Statutes.

In response to an owner's written request to inspect records, associations "must simultaneously provide to the requestor a checklist of all records made available for inspection and copying."The checklist must also identify any of the association's official records which were not made available for inspection.The checklists also must be maintained for 7 years.§718.111(12)(c), Florida Statutes.

New Documents to be Posted on Association Websites

Building permits issued for ongoing or planned construction must also be posted on the association's website, if it is required to have a website.§718.111(12)(g), Florida Statutes.

Financial Reporting

Associations can no longer reduce their minimum level of financial reporting for consecutive fiscal years.§718.111(13)(d), Florida Statutes.

Websites Required for Smaller Condominiums

The size of condominiums that are now required to have a website has been reduced from 150 to 25 or more units, with a deadline of January 1, 2026 to comply.§718.111(12), Florida Statutes.

Board Meetings

Residential condominiums with more than 10 units must hold board meetings at least once each quarter.§718.112(2)(c), Florida Statutes.

At least 4 times a year, the meeting agenda must include an opportunity for members to ask questions of the board.§718.112(2)(c), Florida Statutes.

At all board meetings, owners now not only have the right to speak regarding all agenda items, but also "the right to ask questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium."§718.112(2)(c), Florida Statutes.

If a board meeting agenda item relates to the approval of a contract for goods or services, a copy of the contract must be provided with the meeting notice and be made available for inspection when requested by an owner or made available on the association's website or app.§718.112(2)(c), Florida Statutes.

New Board Director Education Requirements

All new board directors of residential condominiums must:

Certify in writing that they have read the association's governing documents and will uphold those documents (before this was an optional requirement).

Submit their educational course certificates to the association's secretary.

§718.112(2)(d), Florida Statutes.

All directors must complete a course approved by the Department of Business and Professional Regulation ("DBPR") which is at least 4 hours long, and includes instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements.Newly elected directors must, within 1 year before being elected or appointed, or 90 days after the date of election of appointment, submit written certification of completion of the course.Directors who were elected or appointed before July 1, 2024 must submit written certification of completion of the course by June 30, 2025.§718.112(2)(d), Florida Statutes.

Written certifications and certificates of education completion are valid for 7 years after the date of issuance, and do not have to be resubmitted as long as a director serves on the board without interruption during the 7 year period.§718.112(2)(d), Florida Statutes.

Within 1 year of submitting the 4 hour education course certificate of completion, directors must obtain a 1 hour continuing education credit, and then annually thereafter.§718.112(2)(d), Florida Statutes.

Pause on Collection of Reserves for a Natural Emergency

If a local building official determines that an entire condominium building is uninhabitable due to a natural emergency, the board may, with the approval of a majority of the members, pause or reduce reserve funding until the local building official determines that the condominium building is habitable.§718.112(2)(f), Florida Statutes.

Notice to Owners and DBPR Required for SIRS

Within 45 days after receiving a structural integrity reserve study ("SIRS"), associations must:1) either distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed study is available for inspection upon a written request, and 2) provide the DBPR with a statement indicating that the study was completed and made available to the unit owners.§718.112(2)(g), Florida Statutes.

Hurricane Protection

All residential and mixed use associations are required to adopt code compliant hurricane protection standards.§718.113(5), Florida Statutes.

The installation, maintenance, repair, replacement, and operation of hurricane protection per §718.113(5), Florida Statutes is not considered a material alteration or substantial addition to the common elements or association property.§718.113(5), Florida Statutes.

In addition to deciding to install hurricane protection, association boards can also, with the approval of a majority of the unit owners, require that unit owners install hurricane protection.For that owner vote, the association must prepare a certificate attesting to the vote, record that certificate in the public records of the county where the condominium is located, and deliver a copy of the certificate to the unit owners.No unit owner vote is required if the association is responsible for the hurricane protection installation, maintenance, or repair, or if the unit owners are required by the declaration of condominium to install hurricane protection.§718.113(5), Florida Statutes.

If there is already hurricane protection installed that complies with or exceeds applicable building codes, the board may not install the same type of hurricane protection, or require that unit owners install the same type of hurricane protection, unless the installed hurricane protection has reached the end of its useful life or unless it is necessary to prevent damage to the common elements or a unit.§718.113(5), Florida Statutes.

A board may not refuse a unit owner's request to install or replace hurricane protection which conforms to specifications adopted by the board, but it may require the unit owner to adhere to an existing unified building scheme of the external appearance of the condominium.§718.113(5), Florida Statutes.

Unit owners are not responsible for the cost of any removal or reinstallation of hurricane protection, if its removal is necessary for the maintenance, repair, or replacement of other condominium or association property for which the association is responsible.As applicable, if the removal or reinstallation of the hurricane protection is:1) completed by the association, the costs incurred by the association may not be charged to the unit owner, or 2) completed by the unit owner, the association must reimburse or apply a credit for future assessments to the unit owner in the amount of the unit owner's cost to remove and reinstall the hurricane protection.§718.113(5), Florida Statutes.

When the removal or reinstallation of hurricane protection is the responsibility of the unit owner, and the association undertakes that task and charges the unit owner, those charges are enforceable as an assessment.§718.113(5)(e) and §718.115(1)(e), Florida Statutes.

Owners of units with previously installed hurricane protection which complies with applicable building codes are excused from any assessment levied by the association or shall receive a credit if the same type of hurricane protection is installed by the association.§718.115(1)(e), Florida Statutes.

Statute of Repose - Turnover

The statute of repose will begin to run at developer turnover, the same as the statute of limitations.§718.124, Florida Statutes.

New Notification to Owners of Potential Suspension of Voting Rights

At least 90 days before a board election, associations must inform a member that his or her voting rights may be suspended due to a nonpayment of a fee or other monetary obligation.§718.303(5), Florida Statutes.

Condominiums within Other Buildings

For condominiums created with a portion of a building or within a multiple parcel building, there are new provisions regarding the common elements and building maintenance expenses.§718.407, Florida Statutes.

DBPR Investigative Powers

The DBPR now has broader investigative powers for owner complaints against associations.§718.501(1), Florida Statutes.

There are a number of new provisions which make certain actions by board directors or managers crimes, however, we have not included those provisions in this summary since they will only apply to community associations in unusual circumstances.