HOA, CONDOS, WEBSITE COMPLIANCE

For Homeowners Associations (HOAs), Condominiums, Co-Ops:

Having an online presence can be a real headache for community associations. Not only is it a lot of extra work for already overworked volunteers, but it can also get you into trouble. therefore CAM professionals and board members are hesitant to roll out community association websites, social media, and other online tools.

Unfortunately, if your community is in the state of Florida, you no longer have a choice, at least about the website part. Here’s everything you need to know about the new changes to condo statute 718.111 taking effect Jan 1, 2019.

You may be tempted to think your association doesn’t need a website because this law only applies to condo associations, but slow down for a sec. While Statute 718.111 only applies to condos, there was another law (SB398) passed in the same legislative session (applying to condos, HOAs, and Co-ops) that may apply. While the law does not specifically say HOAs and Co-Ops must have a website, it does say “Each association shall designate on its website…” which assumes that each association must HAVE a website.

Furthermore, while the state of Florida has a different set of laws for Condos and HOAs, several circumstances can cause your community to fall into a grey area, such as townhomes, mixed-use, PUDs, and master associations.

Our advice to HOAs and Co-ops is to go ahead and comply with the law, even if you aren’t technically a Condo association. At the very minimum, you’ll need to have a page with the required estoppel information.

More information: https://www.flsenate.gov/Session/Bill/2017/398/BillText/er/HTML

Specifically, What Do You Need?

PRIVATELY ACCESSIBLE TO OWNERS

All of your governing documents in digital form. This includes your declaration, articles of incorporation, bylaws, CC&Rs, and every amendment that has been made to any of the above.

A list of all executory contracts or documents (a contract that has not yet been fully performed or fully executed) as well as a summary of any open bids. “A list of all executory contracts or documents 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 and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website for 1 year. In lieu of summaries, complete copies of the bids may be posted.

Current and pending budgets. “The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.

Annual financial reports*, meaning the report community associations are required to supply within 90 days of the end of the fiscal year to inform owners of the fiscal state of the community. Additionally, you will need to include the financial statement for the most recent calendar period (monthly income & expense statement).

Info on your board of directors, including each member’s certification document**, any contracts between them and the association, and any declarations of a conflict of interest.

Supporting documents for consideration at unit owner meetings and the annual general meeting, including any item which will be considered by and voted on by homeowners, at least 7 days prior to the meeting.

Board meeting Notice, Agenda and supporting items pending votes, at least 48 hours prior to the date of the meeting*** (Boards are expected to redact or withhold any information within that is not intended to be accessible to all owners****.)

PUBLICLY AVAILABLE

Meeting notices for any meeting of the unit owners and the annual general meeting. Must be posted no less than 14 days prior to the meeting. This info must be linked from the home page, or listed on home page under a section titled “Notices.”

Association’s estoppel designee“Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section. The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.” This change was passed under SB 398: Estoppel Certificates, and applies to Statutes 718 (condos), 719 (co-ops) and 720 (homeowner’s associations).

So there you have it. By Jan 1, 2019, make sure you have all of this available, on public and private sides of your newly overhauled Florida community association website. Maybe you even throw in a few extras to make owners happy. Not only will you be compliant with the law, your homeowners and future homeowners will love the ease of access to their community’s information!

VGlobalTech Team is here to help you wade through these compliance tasks. We are experts in developing professional, functional, compliant and beautiful website that enhance your online presence and create value for the community as a whole!

Solution Offered By VGlobalTech:

VGlobalTech Team is here to help you wade through these compliance tasks. We are experts in developing professional, functional, compliant and beautiful website that enhance your online presence and create value for the community as a whole!

Our team is fully familiar with the CDD & HOA website requirements. Florida Statute 180.069, Statute 718.111 and the also recent website updates suggested in the House Bill 479.

  • Create unique domains and provide hosting solutions
  • Site hosting – One Stop Management with separate C-Panels per domain
  • Create a full compliant website
    • In accordance with the state laws
    • Using latest web design technology – Fully responsive (iPad, iPhone, tablets etc. adaptable)
    • Visually appealing and professional layouts
  • Fully Manage the site on a monthly basis – Quality Customer Support
  • Regular backups and archival of artifacts
  • Ensure benefit to the community by incorporating events, incidents, alerts, messages as required
  • Dynamically display important information about meetings, financial information, newsletters, and anything else you would need to share.
  • Ensure Compliance with the State Law
  • Worry-Free maintenance and support