Any Florida HOA or inium association with 100 or more units must maintain a website or mobile app by January 1, 2025, where homeowners can access essential documents, such as governing rules, meeting minutes, budgets, and insurance policies.
The board of administration shall be composed of five members unless the inium has five or fewer units. The board shall consist of not fewer than three members in iniums with five or fewer units that are not-for-profit corporations.
The 2022 state condo law, known as SB-4D, and its 2023 follow-up, SB-154, establish three primary requirements: licensed inspections, reporting and disclosures, and reserve funds. Importantly, these laws are not tax legislation that directly increases housing costs on condo owners.
Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
In summary, condo board members in Florida may face personal liability in certain situations, contingent on the nature of the claim, liability source and available insurance coverage or indemnification.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
Under new state regulations, iniums must maintain financial reserves for major repairs and conduct structural inspections for buildings three stories or taller. Gov. Ron DeSantis signed the law in response to the partial collapse of Champlain Towers South, which killed 98 people in Surfside in June 2021.
Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
Newly Elected Condo, HOA and Coop Board Members Must Take a Certification Course in Florida (2024) Q: I was recently elected to the board in my community association and I was told that I must take a class or online course to become certified.