Every condominium association managing a condominium with 25 or more units, excluding timeshare units, is now required to have a website (which may be a web portal) or application and a laundry list of documents are required to be posted there. While there are many, here are three important considerations if your condominium association’s website (which may be a web portal) or application is maintained by your manager:
CONSIDERATION 1: If your association doesn’t have its own website (which may be a web portal) or application and uses one provided to you by the association’s management company, does this arrangement satisfy the association’s obligations under Florida’s Condominium Act?
Section 718.111(12)(g)1.a., Florida Statutes, provides that the website must be an “independent website, application, or web portal wholly owned and operated by the association” or a “website, application, or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal, collection of subpages or web portals, or an application which is dedicated to the association’s activities and on which required notices, records, and documents may be posted or made available by the association.”
It is important to consult with your association’s legal counsel to determine if your association’s rights to its website (which may be a web portal) or application are sufficiently provided in your association’s contract with its management company to satisfy these requirements.
CONSIDERATION 2: What happens if your association changes management companies?
Section 468.4334(4), Florida Statutes, requires a community association manager or a community association management firm to return all community association records within its possession to the community association within 20 business days after termination or receipt of a written request to return the records. However, will that give the Association enough time to post the documents to its new website (which may be a web portal) or application to ensure statutory compliance and who will be tasked with uploading them?
For these reasons, Associations may want to consider maintaining their own website (which may be a web portal) or application instead of using management provided platforms and, if using a management provided website (which may be a web portal) or application, be prepared to address these potential challenges.
CONSIDERATION 3: If your association’s manager is tasked with updating the website (which may be a web portal) or application, does their management contract actually require them to do so?
Additionally, is your association’s manager required (and able) to upload the association’s records within the time frames provided in Florida’s Condominium Act to ensure statutory compliance?
Section 718.111(12)(g)2., Florida Statutes, contains a list of documents that must be posted on the association’s website (which may be a web portal) or application and, unless a shorter period is otherwise required, they must be posted within 30 days after the association receives or creates that official record.
Associations will want to carefully review this list of documents and the corresponding time frames for posting to ensure that the required documents are posted to the Association’s website in a timely manner.
Associations should also consider whether they have allotted enough time for the manager to upload these records if, for example, they have a portfolio manager who only works a limited number of hours per month.
