Florida Community Association portal law – Are you ready?

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December 10, 2024  |  Compliance, Condo, Law, Property Management, Software  |  Condo

Overview

The Florida Community Association Portal Law, enacted in 2021, establishes requirements for condominium associations to provide digital access to certain association records via an online portal. The law is intended to increase transparency, improve communication, and streamline access to information for association members.

This paper provides an overview of the law’s key requirements, implications for associations, and steps for compliance.

Legal context

The Florida Community Association Portal Law (codified in Section 718.111(12)(g) of the Florida Statutes) originally applied to condominium associations with 150 or more units that are not timeshare properties. The law mandates these associations to maintain a website or online portal accessible to their members. The primary purpose is to ensure that association records are readily available and easily accessible.

This law was amended, effective as of July 1, 2024. To further apply to community associations with 25 or more units. However, associations are given a grace period to comply with the online portal requirement. The first phase of compliance, where associations must have the portal established and operational, is due by January 1, 2025. This allows community associations time to set up the necessary technology, upload required documents, and train staff to manage the portal properly.

Key requirements

1. Website or portal establishment
   Associations must establish a secure, password-protected online platform by January 1, 2025.
2. Accessible documents
   The platform must include:
   • Governing documents, including the declaration, bylaws, articles of incorporation, and rules.
   • Association meeting minutes for the past seven years.
   • Copies of executed contracts.
   • Financial reports and budgets.
   • Notices of meetings and agendas.
3. Updated information
   The law requires timely updates to ensure members have access to current records. Meeting notices and agendas must be posted at least 14 days before the meeting.
4. Member access
   Access must be restricted to association members and their authorized representatives. Associations must implement measures to protect sensitive or confidential information.
5. Exclusions
   Certain records are excluded from disclosure, such as:
   • Personnel records.
   • Medical records of owners.
   • Records protected by attorney-client privilege.

Benefits of compliance

1. Enhanced transparency
   Members gain real-time access to essential records, fostering trust between associations and their communities.
2. Improved operational efficiency
   Digital access reduces administrative burdens, as members can retrieve records without repeated requests to association staff.
3. Legal protection
   Compliance minimizes the risk of disputes related to record access and ensures adherence to statutory obligations.
4. Avoidance of fines and penalties – the law provides for penalties for non-compliance

Challenges and considerations

1. Initial costs
   Establishing and maintaining a compliant online portal requires financial investment. Smaller associations may face budgetary constraints.
2. Data security
   Protecting sensitive information requires robust cybersecurity measures, including encrypted access and regular vulnerability assessments.
3. Training and support
   Board members and staff need training to manage the portal and address member inquiries effectively.
4. Legal risks
   Failure to comply with the law could result in legal penalties or increased liability during disputes.

Steps for compliance

1. Evaluate requirements
   Review the law to determine applicability and identify necessary records.
2. Select a platform
   Choose a secure platform designed for community associations, ensuring it meets legal and functional requirements.
3. Digitize records
   Scan and upload the required documents, ensuring they are well-organized and easy to navigate.
4. Implement security measures
   Use strong authentication protocols and regularly update access permissions to safeguard member data.
5. Train stakeholders
   Provide training for board members, staff, and members to maximize the portal’s usability.
6. Monitor and update
   Regularly review and update the portal to remain compliant and ensure member satisfaction.

Conclusion

The Florida Community Association Portal Law represents a significant step toward greater transparency and efficiency in condominium governance. While the initial setup may present challenges, the long-term benefits of enhanced accessibility, reduced administrative burdens, and compliance outweigh the costs. Associations must act proactively to meet the requirements and avoid potential legal repercussions.

By embracing this digital transition, Florida community associations can strengthen member trust and improve operational effectiveness, setting a benchmark for modern governance in community living.

As the compliance deadline approaches for Florida’s condo portal law, UpperBee is excited to announce the launch of Condo Core—our new, affordable solution designed to help associations meet every requirement effortlessly.
At a fraction of the cost of developing and maintaining your own portal, Condo Core ensures compliance while simplifying the way your condo association operates.

Available starting this December. Get ready to streamline your operations and stay ahead of the January 1, 2025, deadline.

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Disclaimer: This document is intended for informational purposes only and does not constitute legal advice. Associations should consult with legal professionals to ensure compliance with the Florida Community Association Portal Law.