Florida Statute 718: What Chapter 718 Requires of Condominium Associations

The 18 records that must be online — s. 718.111(12)(g)2

An association managing a condominium of 25 or more units which does not contain timeshare units must post a current digital copy of each of these on its website or downloadable application, generally within 30 days of receiving or creating it.

1. aThe recorded declaration of condominium for each condominium the association operates, and every amendment.
2. bThe recorded bylaws, and every amendment.
3. cThe articles of incorporation, as filed with the Department of State, and every amendment.
4. dThe association's rules.
5. eApproved minutes of all board meetings from the preceding 12 months.
6. fThe video recording, or a hyperlink to it, for every video-conference meeting of the association, board, committee or unit owners from the preceding 12 months.
7. gA list of executory contracts the association is party to, plus bids received in the past year once bidding closes. Bid summaries over $500 stay posted for one year.
8. hThe annual budget under s. 718.112(2)(f), and any proposed budget to be considered at the annual meeting.
9. iThe financial report under s. 718.111(13), and any monthly income or expense statement to be considered at a meeting.
10. jEach director's education certification under s. 718.112(2)(d)5.b.
11. kContracts or transactions between the association and any director or officer with a financial interest.
12. lAny contract or document relating to an actual or potential conflict of interest.
13. mNotice and agenda for each unit owner meeting, posted no later than 14 days before it, in plain view on the front page or a linked "Notices" subpage. Documents to be voted on go up at least 7 days before.
14. nNotice, agenda and required documents for each board meeting, by the s. 718.112(2)(c) deadline.
15. oInspection reports under ss. 553.899 and 718.301(4)(p), and any other structural or life-safety inspection report.
16. pThe most recent structural integrity reserve study, if applicable.
17. qCopies of all building permits for ongoing or planned construction.
18. rCopies of all affidavits required by Chapter 718.

The six in amber are the ones boards most often miss. The declaration, bylaws and minutes are nearly always posted. Meeting video, director certifications, conflict-of-interest documents, inspection reports, permits and affidavits usually are not.

What happens when a board falls behind

Records requests — s. 718.111(12)(c)

Records must be available within 10 working days of a written request. Failing that creates a rebuttable presumption that the association willfully failed to comply. Minimum damages are $50 per calendar day for up to 10 days, from the 11th working day. A willful and knowing refusal is a second-degree misdemeanor requiring removal from office — and the statute names directors, board members and community association managers. Refusing records to conceal a crime is a third-degree felony.

Director education — s. 718.112(2)(d)5.b

A newly elected or appointed director must complete a course of at least four hours — covering milestone inspections, reserve studies, elections, recordkeeping, financial literacy, fines, and notice and meeting requirements — within 90 days of election, or up to a year before it. The certificate is valid seven years. Separately, one hour of continuing education is required every year. A director who does not file on time is suspended from the board until they do.

Fines — s. 718.303

A fine requires notice, then at least 14 days before a hearing in front of a committee of three owners who are not directors, officers or their relatives. Run out of order and the fine is void.

Liens and foreclosure — ss. 718.121(6), 718.116

Two separate 45-day notice periods: one before a lien may be recorded, a second before foreclosure. Record a lien early and it is invalid.

Who may operate the website

s. 718.111(12)(g)1.a gives two options: an “independent website, application, or web portal wholly owned and operated by the association,” or one “operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate” a portal dedicated to the association’s activities. Either way the association must hold that right. Boards whose records sit inside a management company’s system should establish who holds it, and whether the portal and its contents transfer if the association changes managers.

Common questions

Which associations does the website requirement apply to?

An association managing a condominium with 25 or more units which does not contain timeshare units, under s. 718.111(12)(g)1.

How quickly must a record be posted?

Within 30 days after the association receives or creates it, unless a shorter period applies.

How long does an association have to answer a records request?

Ten working days. After that the statute presumes a willful failure, and minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day.

What education does a condo director need?

A course of at least four hours within 90 days of election or appointment (or up to a year before), valid for seven years, plus at least one hour of continuing education every year after. A director who fails to file is suspended from the board.