Stoloff & Manoff, P.A.

04/11/2019

Legal assistant position is available.

01/16/2019

WEBSITE REQUIREMENTS FOR CONDOMINIUM ASSOCIATIONS
WITH 150 OR MORE UNITS

Condominium associations with 150 or more units are now required to have a website in conformance with Florida Statute Section 718.111(12)(g)(1) and post a current copy of the following documents:
a. The recorded declaration of condominium of each condominium operated by the

association and each amendment to each declaration.

b. The recorded bylaws of the association and each amendment to the bylaws.

c. 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.

d. The rules of the association.

e. 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.

f. The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.

g. The financial report required by subsection (13) and any monthly income or expense statement to be considered at a meeting.

h. The certification of each director required by s. 718.112(2)(d)4.b.

i. 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.

j. 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).

k. 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.

l. 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).

If you have any questions regarding the website requirements or the documents which must be posted, then please do not hesitate to call us.

01/16/2019

REMINDER TO HOMEOWNERS ASSOCIATIONS:
PRESERVATION OF COVENANTS
(not applicable to condominium associations)

Florida Statute Chapter 712 (also known as The Marketable Record Title Act) provides that the covenants and restrictions set forth in a homeowners association=s governing documents expire thirty years from the effective date of each lot=s root of title, unless the association takes the necessary steps to preserve the covenants prior to expiration date. Failure to undertake the preservation process can result in the Association being unable to enforce the covenants and restrictions, including the right to collect maintenance assessments.

It can be very difficult and expensive for an association to determine each lot=s “root of title” and the potential date for expiration of the covenants and restrictions as to each lot. Thus, the Board of Director=s should choose to preserve the covenants as to all lots by undertaking the preservation process within thirty years from the date the original Declaration was recorded.

Florida Statute Section 720.303(2)(e) now requires that the Directors, at the first Board of Director meeting following the annual meeting (excluding the organizational meeting) consider whether to preserve the covenants and restrictions and prevent them from extinguishment under Florida Statute Chapter 712 and authorize and direct the appropriate officer to execute such notice in conformance with the requirements of § 720.3032.
If you would like the firm to assist you in the preservation process, please check the date when your Declaration was recorded. If the recording is approaching thirty years, please let us know if you would like us to prepare the appropriate documents.

If you have any questions concerning the date your Declaration was originally recorded or about the preservation process, then please do not hesitate to call us.

01/15/2019