|
BIG CHANGES TO CONDO RECORD LAWS
By
Eric Glazer, Esq.
Published May 6, 2024
There were even changes this year to the laws involving
condominium records.
For example, Florida Statute 718.111(12) is being amended to
state that the association’s accounting records must include,
but are not limited to:
All invoices, transaction receipts, or deposit slips that
substantiate any receipt or expenditure of funds by the
association.
18. A copy of all building permits.
19. A copy of all satisfactorily completed board member
educational certificates.
If the association is still doing things the old fashioned way
and making deposits by filling out a deposit slip and going
inside to see the teller, that deposit receipt issued by that
teller is now an official record of the association and unit
owners are entitled to see it.
In addition, as I say when I teach the Board Certification
class, that Certificate I give you at the conclusion of the
class is an official record of the association. Unit owners
have the right to ask for a copy.
Asking to View the Official Records
A common complaint by unit owners over the years is that when
they ask to see the records, they are eventually pointed to
dozens of cardboard boxes or filing cabinets and told to search
through them because the records they want are somewhere in
there. Sending an owner on a fishing expedition is no longer
allowed.
The new law states that:
The official records must be maintained in an organized manner
that facilitates inspection of the records by a unit owner. In
the event that the official records are lost, destroyed, or
otherwise unavailable, the obligation to maintain the official
records includes a good faith obligation to obtain and recover
those records as is reasonably possible.
The obligation to obtain and recover records is a major change
to the law. Unit owners cannot simply be told that a record is
lost --- so that they now turn around and get lost. If a unit
owner has been told that a record is lost, the unit owner should
routinely follow up and ask what efforts are being made to
obtain and recover the records.
Why It’s Great Having a Website
Here is a fantastic new law involving records:
If the requested records are posted on an association's website,
or are available for download through an application on a mobile
device, the association may fulfill its obligations under this
paragraph by directing to the website or the application all
persons authorized to request access.
Awesome. It’s now perfectly OK to say “The records are on the
website --- go there if you want to see them.” This will
create less traffic in the office and less arguments between
management and owners. The important thing to remember is that
this only works if the website is routinely updated with the
association’s records. This is so important.
There are still so many new laws that have passed that we have
not blogged about yet. Keep your eye out every Monday morning.
We promise to keep the information coming.
|
|
About
HOA & Condo Blog
 |
Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
|
Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
|
