2018 COMMUNITY ASSOCIATION LEGISLATION

The Florida Legislature adopted several revisions to Florida Statutes that impact on community associations and community association managers.

House Bill 841, Chapter 2018-96, Florida Statutes (Effective July 1, 2018)

Official Records (Condominium Associations) Section 718.111(12), F.S.

Minutes of membership and board meetings for condominium associations must now be permanently maintained, beginning with the incorporation of the association.  7 years for homeowners associations and cooperative associations (not amended in 2018).

The following records must now be permanently maintained:

  • a copy of the plans, permits, warranties, and other items provided by the developer.
  • a copy of the recorded declaration of condominium and all amendments thereto.
  • a copy of the recorded bylaws and all amendments thereto;
  • a certified copy of the articles of incorporation and all amendments thereto; 
  • a copy of the current rules; and
  • all meeting minutes.

All other official records of a condominium association must be maintained within Florida for at least 7 years, unless otherwise provided by general law. Notwithstanding, all ballots, sign-in sheets, voting proxies and all other papers and electronic records relating to voting by owners, must only be maintained for one year from the date of the election, vote or meeting to which the document relates.

The deadline to provide access to official records for condominium associations is now 10 business days from receipt of a written request.  The deadline for homeowners associations (10 business days) was not amended.

Condominium Association Websites   Section 718.111(12)(g), F.S.

The deadline for a condominium association managing a condominium with 150 or more non-timeshare units to post digital copies of official records on a website was extended to January 1, 2019.  However, the failure to post documents on the website does not, in and of itself, invalidate any action or decision of the condominium association.  In addition, the condominium association is not liable for disclosing information that is protected or restricted unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

The list of the records that must be posted in digital format on the condominium association’s website was modified as follows:

  • The phrase, “A list of all executory contracts or documents” was substituted for “Any management agreement, lease, or other contract”. An “executory contract” is a contract that has not yet been fully performed.
  • A new requirement is that the website must include a list of bids received by the condominium association within the past year, after bidding for the materials, equipment or services has closed.
  • Summaries of bids for materials, equipment or services only required for bids which exceed $500.00. In lieu of summaries, complete copies of bids may be posted.
  • Any monthly income or expense statement must be posted on the website.
  • With respect to contracts or documents regarding a conflict of interest or possible conflict of interest, the statutes now referenced are Sections 468.436(2)(b)6 and 718.3027(3), F.S.

Condominium Association Financial Reporting    Section 718.111(13), F.S.

In the event that a condominium association fails to comply with an order by the Division of Florida Condominiums to provide an owner with a copy of the financial report within a specific number of days, the condominium association is prohibited from waiving the financial reporting requirement for the fiscal year in which the owner’s initial request for a copy was made and the following fiscal year (underlined language added in 2018).

Meeting Notices (Condominium Associations)   Section 718.112(2)(c)1, and 718.112(2)(d)1 and 6, F.S.

Notice of meetings at which a regular or special assessment will be considered by the board of a condominium association must include the estimated cost and purposes for the assessment.  The legislation also provides procedures for providing meeting notices for membership and board meetings on the condominium association’s website, pursuant to Board rule.  The Board rule must include a requirement that the condominium association send an electronic notice in the same manner as a notice for a meeting of the members, including a hyperlink to the website where the notice is posted.

An owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt of mass emails sent to members on behalf of the condominium association when giving electronic notices.


Term Limits (Condominium Associations)  Section 718.112(2)(d)1, F.S.

This legislation places term limits of 8 consecutive years for a director unless approved by owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill vacancies on the board at the time of the vacancy.  It replaces the 2017 revision to the Condominium Act prohibiting a director from serving more than 4 consecutive 2-year terms.

There is a debate as to whether the term limit provision that became effective on July 1, 2018 operates prospectively or retroactively.  In the Apollo Declaratory Statement, the Division of Florida Condominiums took the position that the term limit provision operates retroactively.  

Directors may serve a term longer than one year if permitted by the articles or bylaws (the statute formerly limited to terms of not more than 2 years).


Recall of Directors (Condominium Associations)   Section 718.112(2)(j), F.S.

Recall procedures in a condominium association have been revised. A recall is only effective if it is “facially valid” (that term is not defined).  If the Board determines that the recall is facially invalid, the owner representative of the recall effort may file a petition challenging the Board’s determination. Similarly, a recalled director may file a petition challenging the facial validity of the recall effort. If the arbitrator determines that the recall was invalid, the petitioning director is immediately reinstated and the recall is null and void.  A director who is successful in challenged a recall is entitled to recover reasonable attorney’s fees and costs.  The arbitrator may award reasonable attorney’s fees and costs to the respondents (i.e., the condominium association and the owner representative) if they prevail, if the arbitrator makes a finding that the director’s claim was frivolous.

Approval of Material Alterations and Substantial Additions (Condominium Associations)  Section 718.113(2), F.S.

If a declaration of condominium, articles or bylaws as originally recorded or subsequently amended do not specify the procedure for approving a material alteration or substantial addition, approval of 75% of the voting interests is required before the modifications are commenced.


Electric Vehicle Charging Stations (Condominium Associations)   Section 718.113(8), F.S.

Authorizes the installation of charging stations for electric vehicles in limited common element parking places at the expense of the owner to whom the parking space is assigned, subject to the following:

  • The installation may not cause irreparable damage to the condominium property.             
  • The electricity for the charging station must be separately metered and payable by the owner installing the charging station. 
  • The owner who installs the charging station is responsible for the cost of installation, operation, maintenance and repair, including, but not limited to, hazard and liability insurance. The condominium association may enforce payment of such costs pursuant to Section 718.116, F.S. 
  • If the owner or his successor decides there is no longer a need for the charging station, such person is responsible for the cost of removal. The condominium association may enforce payment of such costs pursuant to Section 718.116, F.S. 
  • The condominium association may require the owner to: 
  • comply with bona fide safety requirements and reasonable architectural standards adopted by the condominium association that govern the dimensions, placement or external appearance, provided that such standards do not prohibit the installation of the charging station or substantially increase the cost thereof. 
  • engage a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of a charging station. 
  • provide a certificate of insurance naming the condominium association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance or use of the charging station within 14 days after receiving the condominium association’s approval to install the charging station. 
  • reimburse the condominium association for the actual cost of any increased insurance premium amount attributable to the charging station within 14 days after receiving the condominium association’s insurance premium invoice. 
  • The legislation provides that the condominium association provides an implied easement across the common elements to the owner for the purposes of installing the charging station and furnishing electrical power, including any necessary equipment, subject to the requirements in Section 718.113(8). 

Section 718.121(2), F.S. was also amended to provide that labor performed on or materials furnished for the installation of a charging station pursuant to Section 718.113(8), F.S. may not be basis for filing a lien against the condominium association, but a lien may be filed against the unit owner (i.e., not against all units).


Condominium Director Conflict of Interest

Disclosure requirements in Section 718.3026(3) of the Condominium Act were deleted from that location and relocated to Section 718.3027.  In the event of a director conflict of interest, the proposed activity and all relevant contracts must be attached to the meeting agenda and the requirements of Section 617.0832, F.S. must be met.


Fines (Condominium Associations)

The legislation modifies fining procedures and provides that a fine is due 5 days after the date of the committee hearing at which the fine is approved.


Bulk Buyers/Bulk Assignees    Section 718.707, F.S. 

The sunset date of July 1, 2018 was deleted.


Official Records (Cooperative Associations) Section 719.104(2), F.S.

The deadline to provide access to official records for condominium associations is now 10 business days from receipt of a written request. 


Co-Owners on Board (Cooperative Associations)  Section 719.106(1)(a), F.S.

In a residential cooperative of more than 10 units, co-owners of a unit may not serve as directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy (the same provision was already in the Condominium Act).


Email Voting Prohibited (Cooperative Associations)   Section 719.106(1)(c), F.S.

Directors of a cooperative association may communicate by email, but may not vote using email.


Meeting Notices (Cooperative Associations)   Section 719.106(1)(c) and (d), F.S.

Notice of meetings at which a regular or special assessment will be considered by the board of a cooperative association must include the estimated cost and purposes for the assessment.  The legislation also provides procedures for providing meeting notices for membership and board meetings on the cooperative association’s website, pursuant to Board rule.  The Board rule must include a requirement that the cooperative association send an electronic notice in the same manner as a notice for a meeting of the members, including a hyperlink to the website where the notice is posted.

An owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt of mass emails sent to members on behalf of the cooperative association when giving electronic notices.


Director/Officer Delinquencies (Cooperative Associations)   Section 719.106(1)(m), F.S.

A director of a cooperative association who is more than 90 days delinquent in the payment of any monetary obligation due the cooperative association shall be deemed to have abandoned the office, creating a vacancy to be filled according to law.


Bulk Telecommunications Contracts (Cooperative Associations)   Section 719.107(1)(b), F.S.

Revision makes this part of the Cooperative Act consistent with the Condominium Act.  The statute now refers to bulk contract for “communications services as defined in chapter 202, information services or Internet services” as opposed to “master antenna television system or duly franchised cable television service).


Fines (Cooperative Associations)   Section 719.303, F.S.

The legislation modifies fining procedures and provides that a fine is due 5 days after the date of the committee hearing at which the fine is approved.


Email Voting Prohibited (Homeowners Associations)    Section 720.303(2)(a), F.S.

The legislation provides that board members in a homeowners association may communicate by email, but may not vote using email.


Fines (Homeowners Associations)   Section 720.305, F.S.

The legislation modifies fining procedures and provides that a fine is due 5 days after the date of the committee hearing at which the fine is approved.


Amendments (Homeowners Associations)  Section 720.306(1), F.S.

Amendments to governing documents must be presented to members using the same format as applicable to condominium associations (i.e., with “blacklining” or “substantial rewording” language). 


Election (Homeowners Associations)   Section 720.306(9), F.S.

If an election is not required (i.e., the number of candidates does not exceed the seats to be filled) and nominations from the floor are not required, write-in nominations are not permitted and the candidates commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.


Partial Payment (Homeowners Associations)

Partial payments are applied in the order set forth in Section 720.3085, Florida Statutes, notwithstanding any purported accord and satisfaction or any restrictive endorsement, designation, or instruction placed on or accompanying a payment.  This conforms Section 720.3085, Florida Statutes to corresponding provisions in the Condominium and Cooperative Acts.

House Bill 29, Chapter 2018-7, Florida Statutes (Effective July 1, 2018)

This legislation provides for a board to accept periods of training, study, apprenticeship or practical experience in the Florida National Guard or the US Armed Forces Reserves for those members whose training or study were interrupted when they were ordered into active duty.  The board determines if the training, study or practical experience is substantially the same as the standard and type required under Florida law.  The applicant must submit his or her request to the board within six months after release from active duty.

A military member, during active duty, and for a period of 2 years after discharge from active duty, who engages in his or her profession in the private sector for profit, must complete all license renewal provisions except that a fee for the license renewal is waived.

The bill also provides for the waiver of the license renewal fee for the spouse when he or she is present in Florida because of a member’s active duty and for a surviving spouse of a member who at the time of death was serving on active duty and died within 2 years preceding the date of the renewal.