By Todd Paton, President/Founder of Paton Marketing & Lindsay Raphael, Esq., Sachs Sax Caplan, P.L.
The key to running a successful condominium association usually boils down to fostering an atmosphere of trust and efficient communications between boards and the residents they serve.
These associations can be easily compared to governing agencies similar to municipalities. Residents take pride in their towns and rely on their representatives to enhance lifestyles and maintaining value of their homes.
The same is certainly expected from condominium and homeowners associations. However, once communications fail and trust is betrayed this relationship becomes severely compromised.
In the wake of association mismanagement, the State of Florida passed sweeping legislation in 2017 that governs the operations of condominium associations with more than 150 units (which does not contain timeshares). The new law amended Section 718.111 of the Florida Statute and raises issues boards must consider as they strive for compliance.
The law can be a model for other associations nationwide as they strive to become more efficient while staying within the bounds of legal operations. That said, it is apparent that this bill is going through some growing pains which is to be expected.
While there are many provisions in the legislation, one of the most important parts sets guidelines for websites, acknowledging that this is an important step in improving transparency and accountability between boards and residents.
While most condominium associations in Florida are managed with integrity, some are not. The new law puts board members on notice that they can face felony charges if found guilty of specific breaches. The laundry list covers electoral fraud, forged signatures on ballots, conflict of interest, and misappropriation of funds, to name a few. We are focusing on the website requirements for condominiums in Florida
The deadline for compliance was Jan. 1, 2019. However, compliance and potential penalties seem to have become a moving target without clear-cut policies as to enforcement.
While Florida took the rather drastic legislative step, some states might be able to avoid the lengthy legal path by learning from this law. The law makes it clear that failure to post a required document on the condominium association’s website is a violation of the law and could result in a $10 to $30 per-unit penalty. It is too early to know exactly how the Department of Business and Professional Regulations (“DBPR”) will enforce violations and whether the DBPR will immediately issue penalties or first issue warning letters.
Initially the law seemed to guide associations on how to improve operations. First offenders were simply sent a warning letter, requiring the association to fix the violations.
Recently, there have been reports that inspectors have gone straight to penalties in the event of violations. Keep in mind that every inspector can be different in terms of enforcement. However, the one common denominator seems to be that those penalized have failed to provide inspection of an association’s official records upon request from an owner. With thousands of associations in Florida, it is unlikely the DBPR is actively viewing websites, seeking violations. Rather, the process appears to be that the DBPR gets involved when a resident files a complaint, claiming either that the association failed to give the owner access to records or that the association failed to properly post the required records. It’s the “squeaky wheel” dynamic that sets the things in motion for what can be significant penalties.
Let’s take a look at the law and how it relates to websites:
- Specific information must be updated in a timely fashion. Each owner must be provided a login and password
- The website must contain the various condominium association official records including, without limitation, all condominium governing documents, rules and regulations, all contracts, management and other agreements to which the association is a party. This is not an exhaustive or complete list.
- It must publish the annual budget and proposed annual budget, financial reports, board certifications, notice of any unit owner and board member meetings and the agenda within the statutory time periods. They must be posted in plain view on the front page of the website or a separate subpage of the website labeled “Notices” which is conspicuously visible and linked from the front page along with any document to be considered and voted on by the owners during the meeting or any document listed on the agenda, notices of board meetings and agendas within the statutory time periods.
These are all reasonable things to share with residents and should be considered common practice without the need for legislation.
There are other requirements which may not directly relate to the website, but nevertheless require the orderly sharing of information to all residents.
- Any information and documents which are restricted from being accessible to unit owners may not be posted on the website or, if posted, the protected information must be fully redacted.
- Condominium official records are expanded to include bids for materials, equipment and services.
- Annual condominium financial reports must be provided within five (5) days of request by a unit owner.
Operating a condominium association can be a thankless job and kudos should be extended to those taking on this role on a strictly volunteer basis. But despite best intentions, many boards fall victim to cronyism, conflict of interest, and mismanagement of funds. Sometimes these violations are intentional, while at other times that are simply oversights.
In Florida, the legal onus is now on the board of directors to follow these laws. The legislation is in the best interests of homeowners and the lines of open communications starts with a functioning and informative web site.
This law, however, should really be on the reading list for all directors nationwide since it provides accurate operational standards for the transparent operations of all associations.
Lindsay Raphael, Esq., is Senior Counsel with Boca Raton-based Sachs Sax Caplan, P.L., a diversified law firm with a wide range of practice groups. Her practice specializes in Community Association Law. For more information, visit www.ssclawfirm.com
Todd Paton is President/Founder of Paton Marketing, a digital marketing firm, which recently merged with BrandStar, a content marketing firm. Based in Pompano Beach, two organizations now combine efforts on a wide range of marketing initiatives for community associations, medical, retail, legal, financial services, hospitality, non-profits and many others. For more information, visit www.patonmarketing.com.
binance Code
I don’t think the title of your article matches the content lol. Just kidding, mainly because I had some doubts after reading the article.
Gloriat
Excellent insights! Your breakdown of the topic is clear and concise. For further reading, check out this link: READ MORE. Let’s discuss!
StephenRuses
medication from mexico pharmacy: cmqpharma.com – mexico pharmacy
DonaldHoini
mexican drugstore online
http://cmqpharma.com/# pharmacies in mexico that ship to usa
best online pharmacies in mexico
Santo
You actually make it appear really easy with your presentation however I
find this matter to be actually one thing that I think I’d never understand.
It seems too complicated and very huge for me.
I am having a look ahead on your next publish, I’ll try to get the hang of
it! Escape roomy lista
MichaelWeady
mexican pharmaceuticals online
http://cmqpharma.com/# п»їbest mexican online pharmacies
reputable mexican pharmacies online
Charlesfeard
buy prescription drugs from india [url=http://indiapharmast.com/#]top online pharmacy india[/url] top 10 pharmacies in india
Davidvof
77 canadian pharmacy: canada drugs – pharmacy com canada
Davidvof
mexican border pharmacies shipping to usa: purple pharmacy mexico price list – mexico pharmacies prescription drugs
Charlesfeard
top 10 pharmacies in india [url=http://indiapharmast.com/#]indian pharmacy[/url] india online pharmacy
Michaelhon
canadian pharmacy checker: reputable canadian pharmacy – northern pharmacy canada
Michaelhon
best online pharmacy india: indian pharmacy – india online pharmacy
EdwardzOnge
http://indiapharmast.com/# indian pharmacies safe
Davidvof
rate canadian pharmacies: canada rx pharmacy world – canada drugstore pharmacy rx
Charlesfeard
legitimate canadian online pharmacies [url=http://canadapharmast.com/#]pharmacies in canada that ship to the us[/url] reliable canadian online pharmacy
EdwardzOnge
https://canadapharmast.com/# online canadian pharmacy
Davidvof
canadian pharmacy online ship to usa: canadian pharmacy 365 – canada rx pharmacy world
Davidvof
online pharmacy india: indian pharmacy online – online pharmacy india
Davidvof
buying prescription drugs in mexico: pharmacies in mexico that ship to usa – pharmacies in mexico that ship to usa
Charlesfeard
п»їbest mexican online pharmacies [url=http://foruspharma.com/#]medication from mexico pharmacy[/url] purple pharmacy mexico price list
Michaelhon
my canadian pharmacy rx: online canadian drugstore – best online canadian pharmacy
Michaelhon
canada drug pharmacy: onlinepharmaciescanada com – legitimate canadian mail order pharmacy
Charlesfeard
online pharmacy canada [url=https://canadapharmast.online/#]canadian pharmacy no rx needed[/url] canadian family pharmacy
Davidvof
indian pharmacy: Online medicine order – buy medicines online in india
Davidvof
mexican pharmaceuticals online: mexico pharmacies prescription drugs – mexican mail order pharmacies
EdwardzOnge
https://indiapharmast.com/# pharmacy website india
EdwardzOnge
https://indiapharmast.com/# indian pharmacy
Davidvof
india online pharmacy: indian pharmacy paypal – buy medicines online in india
Davidvof
indian pharmacy: indianpharmacy com – india online pharmacy
Michaelhon
medication from mexico pharmacy: mexico pharmacies prescription drugs – best online pharmacies in mexico
Michaelhon
mexican drugstore online: purple pharmacy mexico price list – mexican online pharmacies prescription drugs
Charlesfeard
best canadian online pharmacy [url=https://canadapharmast.com/#]reliable canadian pharmacy[/url] canadadrugpharmacy com
Charlesfeard
Online medicine home delivery [url=https://indiapharmast.com/#]indian pharmacies safe[/url] pharmacy website india
Davidvof
canadian pharmacy meds review: pharmacy in canada – canadian 24 hour pharmacy
Davidvof
mexico drug stores pharmacies: mexican pharmaceuticals online – buying prescription drugs in mexico
EdwardzOnge
http://indiapharmast.com/# cheapest online pharmacy india
Michaelhon
mexico pharmacy: mexican rx online – п»їbest mexican online pharmacies
Michaelhon
buying from online mexican pharmacy: п»їbest mexican online pharmacies – medicine in mexico pharmacies
Davidvof
canadian drugs pharmacy: buy prescription drugs from canada cheap – canada pharmacy reviews
EdwardzOnge
https://foruspharma.com/# best online pharmacies in mexico
MyronNup
https://clomiddelivery.pro/# how to get clomid for sale
doxycycline 100mg capsules cost [url=http://doxycyclinedelivery.pro/#]doxycycline tablets[/url] purchase doxycycline
Thomasembak
http://clomiddelivery.pro/# where to buy generic clomid no prescription
Thomasembak
http://amoxildelivery.pro/# where can i get amoxicillin 500 mg
MyronNup
https://ciprodelivery.pro/# cipro
how to get generic clomid [url=https://clomiddelivery.pro/#]where can i get generic clomid without a prescription[/url] order cheap clomid now
Jamesthign
Paxlovid over the counter: paxlovid cost without insurance – buy paxlovid online
Jamesthign
paxlovid pharmacy: paxlovid for sale – paxlovid pharmacy
Thomasembak
https://clomiddelivery.pro/# how can i get clomid without a prescription
MyronNup
https://amoxildelivery.pro/# amoxicillin 500mg capsules uk
buy paxlovid online [url=https://paxloviddelivery.pro/#]Paxlovid over the counter[/url] paxlovid generic
Thomasembak
https://amoxildelivery.pro/# buy amoxicillin online mexico
MyronNup
https://amoxildelivery.pro/# order amoxicillin online no prescription
buy paxlovid online [url=http://paxloviddelivery.pro/#]paxlovid cost without insurance[/url] paxlovid generic
Thomasembak
https://clomiddelivery.pro/# can i get cheap clomid tablets
MyronNup
https://ciprodelivery.pro/# ciprofloxacin
order cheap clomid without prescription [url=https://clomiddelivery.pro/#]how to get clomid[/url] how can i get clomid no prescription
Thomasembak
http://doxycyclinedelivery.pro/# doxycycline hydrochloride 100mg
Jamesthign
where to buy cheap clomid without prescription: can i purchase generic clomid without prescription – can i purchase cheap clomid
Jamesthign
buying generic clomid price: cost cheap clomid now – where to get generic clomid without prescription
MyronNup
https://paxloviddelivery.pro/# paxlovid price
paxlovid price [url=http://paxloviddelivery.pro/#]paxlovid generic[/url] paxlovid generic
Thomasembak
https://doxycyclinedelivery.pro/# doxycycline canada price
Thomasembak
http://doxycyclinedelivery.pro/# cost doxycycline 100mg
MyronNup
http://ciprodelivery.pro/# cipro for sale
ciprofloxacin order online [url=http://ciprodelivery.pro/#]buy ciprofloxacin over the counter[/url] ciprofloxacin generic price
MyronNup
http://paxloviddelivery.pro/# п»їpaxlovid
cipro for sale [url=http://ciprodelivery.pro/#]cipro 500mg best prices[/url] buy cipro
Jamesthign
paxlovid covid: paxlovid pill – paxlovid generic
Thomasembak
https://doxycyclinedelivery.pro/# doxycycline 200 mg daily
Jamesthign
buy cipro online usa: buy ciprofloxacin over the counter – buy cipro cheap
Thomasembak
http://clomiddelivery.pro/# can i get clomid pills
MyronNup
https://doxycyclinedelivery.pro/# doxycycline buy online us
where to buy generic clomid without dr prescription [url=https://clomiddelivery.pro/#]can i buy cheap clomid for sale[/url] where can i get cheap clomid
Thomasembak
https://paxloviddelivery.pro/# paxlovid price
MyronNup
http://amoxildelivery.pro/# amoxacillian without a percription
paxlovid price [url=http://paxloviddelivery.pro/#]paxlovid pharmacy[/url] paxlovid buy
Thomasembak
https://ciprodelivery.pro/# buy cipro online without prescription
Jamesthign
buy cipro without rx: buy cipro without rx – cipro 500mg best prices
Jamesthign
buy cipro online canada: antibiotics cipro – buy cipro online canada
MyronNup
http://ciprodelivery.pro/# cipro 500mg best prices
amoxicillin without a doctors prescription [url=https://amoxildelivery.pro/#]price for amoxicillin 875 mg[/url] amoxicillin 875 125 mg tab
Thomasembak
http://paxloviddelivery.pro/# Paxlovid buy online
Thomasembak
http://clomiddelivery.pro/# where to get generic clomid without prescription
MyronNup
http://clomiddelivery.pro/# can you get generic clomid online
ciprofloxacin mail online [url=https://ciprodelivery.pro/#]cipro 500mg best prices[/url] buy generic ciprofloxacin
Thomasembak
http://clomiddelivery.pro/# can i get cheap clomid pills
MyronNup
https://ciprodelivery.pro/# ciprofloxacin over the counter
doxycycline buy [url=http://doxycyclinedelivery.pro/#]how to buy doxycycline online[/url] doxycycline generic price
Thomasembak
http://doxycyclinedelivery.pro/# doxycycline cap tab 100mg
Jamesthign
ciprofloxacin mail online: cipro 500mg best prices – cipro ciprofloxacin
Jamesthign
ciprofloxacin over the counter: buy cipro online canada – п»їcipro generic
MyronNup
https://paxloviddelivery.pro/# Paxlovid buy online
amoxicillin online purchase [url=http://amoxildelivery.pro/#]order amoxicillin online no prescription[/url] buy amoxicillin 500mg online
Thomasembak
https://doxycyclinedelivery.pro/# order doxycycline canada
Thomasembak
http://paxloviddelivery.pro/# paxlovid pharmacy
MyronNup
http://ciprodelivery.pro/# purchase cipro
ciprofloxacin generic price [url=https://ciprodelivery.pro/#]ciprofloxacin order online[/url] buy cipro online without prescription
Jamesthign
875 mg amoxicillin cost: amoxicillin tablet 500mg – amoxicillin 500mg capsule cost
Jamesthign
buy paxlovid online: paxlovid pharmacy – paxlovid covid
Jamesthign
can i get cheap clomid without prescription: can i get clomid pills – buying clomid prices