On June 26, 2017 Governor Rick Scott approved HB 1237*, amending Florida Statutes 718, and requiring that an association with 150 units or more to have a website and post digital copies of official records on it.

Since 2005, CondoSites has been providing websites to Florida condos and HOAs. Our product is fully compatible with the old and new sections of the "Sunshine Law" (a.k.a. Florida's Condominium Act), and we can help guide you through the process of making sure your new community website is fully compliant with the law.

*HB 1237 (2017) contains similar language to HB 653 (2017) regarding the website requirement.

On March 23, 2018, Governor Rick Scott approved SB 841 making additional changes to the website requirements added to FL Chapter 718 in 2017, which includes an extension of the deadline from July 1, 2018 to January 1, 2019.

The information below reflects the amendments to the law. CondoSites websites still exceed the technical requirements of the new law and can easily handle the content requirements.

You can download a copy of the bill from the Florida Senate website here.

Below is an excerpt of the law amended March 27, 2018.

You can download a copy of the bill from the Florida Senate website here.

WEBSITES FOR OFFICIAL RECORDS
718.111(12)(g), Florida Statutes
(CODING: Words Emphasis added for convenience.)

1. By January 1, 2019, an association managing a condominium¹ with 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website.
1. The association’s website must be:
1. An independent website or web portal wholly owned and operated by the association; or
2. A website 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, or collection of subpages or web portals dedicated to the association’s activities and on which required notices, records, and documents may be posted by the association.
2. The association’s website must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.
3. Upon a unit owner’s written request, the association must provide the unit owner with a username and password and access to the protected sections of the association’s website that contain any notices, records, or documents that must be electronically provided.


2. A current copy of the following documents must be posted in digital format on the association’s website:
1. The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
2. The recorded bylaws of the association and each amendment to the bylaws.
3. The articles of incorporation of the association, or other documents creating the association, and each amendment thereto. The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State.
4. The rules of the association.
5. A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website for 1 year. In lieu of summaries, complete copies of the bids may be posted.
6. The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
7. The financial report required by subsection (13)² and any monthly income or expense statement to be considered at a meeting.
8. The certification of each director required by s. 718.112(2)(d)4.b.
9. All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association or any other entity in which an association director is also a director or officer and financially interested.
10. Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.436(2)(b)6. and 718.3027(3).
11. The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)3., no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website, or on a separate subpage of the website labeled “Notices” which is conspicuously visible and linked from the front page. The association must also post on its website any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered.
12. Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice pursuant to s. 718.112(2)(c).


3. The association shall ensure that the information and records described in paragraph (c), which are not allowed permitted to be accessible to unit owners, are not posted on the association’s website. If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association’s website, the association shall ensure the information is redacted before posting the documents online. Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted pursuant to this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.


4. The failure of the association to post information required under subparagraph 2. is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees.

1. Florida definition of "Condominium": A form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. 718.103 (11)↩

2. Here is a link to Subsection (13). Note, you will need to scroll down most of the page to reach this subsection. ↩

In comparitive language to the Act...
The association rents the CondoSites product, a web page and portal designed to provide information on an association’s activities, and serve required notices, records, and documents for the association. The CondoSites product is accessible through the Internet and contains subpages that are inaccessible to the general public and only accessible to unit owners and employees of the association. Each user creates their own login and password by completing a form accessible on the home page of the website. Access to password-protected areas is subject to approval and/or audit by the Primary Administrator, an individual appointed by the association’s directors.

The CondoSites product exceeds the technological requirements set by the State of Florida by including SSL encryption, individual passwords for each user that are hashed before being transmitted and that are only known by that user, and offers separate password restricted content areas for both renters and realtors while still protecting owner privileged data.

Every CondoSites customer in Florida receives a copy of our Florida Content Requirements Guide, designed as a kind of check-list and planner to help the association organize their state required content. The guide also includes requirements found outside the excerpt of the Act above that applies to all associations in Florida governed under chapters 718, 719, and 720, regardless of size.

There are still associations out there who still are not compliant! If this is you, please know that your association is in violation of Florida statutes, and can be fined by the state. Owners can report their own non-compliant associations!