2024 LEGAL UPDATE: INTERIM CLARIFICATIONS & CORRECTIONS FOR HOA & CONDOMINIUM BOARD MEMBERS & MANAGERS
Download our latest 2024 Legal Update today (Dated 8.7.2024) – Click HERE to download
The purpose of this interim short article is to clarify:
i) homeowners’ association versus condominium association board member certification and continuing education requirements;
ii) provide greater clarity regarding condominium association hurricane protection requirements;
iii) clarify homeowners’ association website posting requirements, and remind homeowners’ association board members of three mandates from the 2024 legislation.
Board Member Certification Requirements and Continuing Education Requirements.
Condominium association board members must take a 4-hour board member certification course with certain subjects mandated within 90-days after being elected or appointed to the board.
Condominium association board members must take one-hour of continuing education per year.
Homeowners’ association board members must take a board certification course within 90-days after being elected or appointed to the board (no minimum time required, typically two hours).
Homeowners’ association board members with fewer than 2,500 parcels in the association must take 4-hours of continuing education per year and if 2,500 parcels or more in the association, then 8-hours of continuing education per year.
At the present time, no clarification has been provided whether the board certification courses will count towards the continuing education requirements.
With regard to condominium association hurricane protection requirements, in our last version of the 2024 Legal Update, there was a typo on page 32 where the word “irrelevant” was erroneously used instead of “relevant”.
Condominium Hurricane Protection Specifications. Each board of a residential condominium or mixed used condominium must adopt hurricane protection specifications for each building within the condominium operated by the association which may include color, style, and other factors deemed relevant by the board (please note that this provision used to apply to hurricane shutters but now applies to hurricane protection).
The following two homeowners’ association meeting notice requirements are applicable only to postings on the HOA website (or App), and not the physical posting at a conspicuous place in the community:
HOA: New Website Posting Requirement for Members’ Meetings.
Notice of any scheduled meeting of the members and the agenda for the meeting, as required by Section 720.306, Florida Statutes, at least fourteen (14) days before such meeting. The notice must be posted in plain view on the homepage of the website or app, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the homepage. The Association shall also post on its website or application, any document to be considered and voted on by the members during the meeting, or any document listed on the meeting agenda, at least seven (7) days before the meeting at which such document or information within the document will be considered.
HOA: New Website Posting Requirement for Board Meetings.
Notice of any board meeting, the agenda, and any other document required for such meeting must be posted on the website or app no later than the date required for such notice.
Remember, every homeowners’ association board must:
- Adopt hurricane protection standards/rules.
- Provide copies of the rules and covenants to every association member before October 1, 2024 or, post same on the association’s website and send notice to each member at their address used for official notices as to where they can find it, etc.
- Adopt rules governing official record retention.