Category: 2024 Legislative Guide

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:

1. 1. Adopt hurricane protection standards/rules.
   2. 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.
   3. Adopt rules governing official record retention.

As to condominium associations, and already passed into law:

• • The “My Safe Florida Condominium Pilot Program” is created in Chapter 215, Florida Statutes, and provides procedures to apply for inspections and grants for certain mitigation projects. There are requirements for both board and membership approval to apply for the grants. The DBPR must promulgate grant forms and such prior to the program being in a position to provide any funding. Grants must be matched on the basis of one dollar provided by the association for every two dollars provided by the state. The association may receive grant funds for both roof-related and opening protection-related projects, but the maximum total grant award may not exceed $175,000 per association. Once the money allocated to the grant program, which we understand is a total of $30 million, runs out, the money is gone. This means that if each condominium association receives the maximum amount, only 171 condominium associations will benefit.

If passed into law, here are a few of the new laws affecting condominium associations:

• • Board members must be certified by taking a board certification class that is at least four hours long and provides instruction on a variety of required subjects. The certification is valid for seven years so long as a board member serves without interruption. Each condominium association board member is required to take one hour of continuing education per year. Board members elected or appointed before July 1, 2024, must comply with the new written certification and educational certificate requirements by June 30, 2025
  • An additional exception from the milestone requirements is provided for family dwellings with three or fewer habitable stories above ground
  • Official records must be maintained in an organized manner that facilitates inspections of the records by a unit owner
  • The association may fulfill its obligations by providing official records to requesting members by directing such a member to the association website
  • In response to an official records request, a checklist of all records made available must be provided to the requesting member as well as identification of those records which were not made available
  • When posting a board meeting agenda, if there is an item relating to the approval of a contract for goods or services, then a copy of the contract must be provided with the meeting notice
  • A residential condominium with more than 10 units must have a board meeting at least once each quarter where the agenda includes an opportunity for members to ask questions of the board. Such right of the members includes the right to ask questions related to reports on the status of construction or repair projects, status of revenues and expenditures, and other issues affecting the condominium
  • At least 90 days before an election, any member whose voting rights are going to be suspended must be provided notice that their voting rates are going to be suspended due to nonpayment of a fee or other monetary obligation
  • The term “hurricane shutter” in Chapter 718 is now replaced with the term “hurricane protection.” All condominium associations are required to adopt hurricane protection specifications
  • The Statute of Repose (i.e., the absolute last date a builder/construction professional can be sued) now begins to run at the turnover of the association from the developer to the unit owners rather than from the date of the temporary certificate of occupancy. This is an extremely important change to protect the rights of the unit owners to be able to bring construction defects lawsuits when necessary under the circumstances
  • It is unlawful for the association to engage in retaliatory conduct against a unit owner who, in good faith, complained to a governmental agency, filed a complaint against the association, alleged violations of chapter 718, or made public statements critical of the operation or management of the association, etc. This is an expansion of the prohibition against “SLAPP” lawsuits (i.e., “strategic lawsuits against public participation”).