Our Community WEB site
These pages contain two parts. The first
part describes the new Florida law pertaining to website requirements for
Florida condominiums and the second part is our observation & comments of
the new AM2 web that is available to owners.
The law:
On June 26, 2017 Governor Rick Scott approved HB
1237*, amending Florida Statutes 718, and requiring that a condominium
association with 150 or more units to have a website and post on it digital
copies of official records.
On March 23, 2018, Governor Rick Scott approved
SB 841 making additional changes to the website requirements added to FL
Statutes 718 in 2017, to include an extension of the
deadline from July 1, 2018 to January 1, 2019.
WEBSITES FOR OFFICIAL RECORDS
718.111(12)(g), Florida Statutes
(CODING: Wordsstricken are
deletions; words underlined are additions; Emphasis added for
convenience.)
718.111(12)(g), Florida Statutes
(CODING: Words
- By January
July1, 20192018, an association managing a condominium1 with 150 or more units which does not containmanagetimeshare units shall post digital copies of the documents specified in subparagraph 2. on its website. - The association’s website must be:
- An independent website or web
portal wholly owned and operated by the association; or
- 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.
- 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.
- 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.
- A current copy of the following documents must be
posted in digital format on the association’s website:
- The recorded declaration of condominium of each
condominium operated by the association and each amendment to each
declaration.
- The recorded bylaws of the association and each
amendment to the bylaws.
- 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.
- The rules of the association.
- A list of all executory contracts or documents
Any management agreement, lease, or other contractto 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. - The annual budget required by s. 718.112(2)(f)
and any proposed budget to be considered at the annual meeting.
- The financial report required by subsection
(13) and any monthly income or expense statement
proposed financial reportto be considered at a meeting. - The certification of each director required by
s. 718.112(2)(d)4.b.
- 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.
- 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)
ss. 468.436(2) and 718.3026(3). - 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.
- 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).
Review of the AMII website:
As of January, 1 2019 any unit owner can request access to
the association web site.
The first page contains an inaccurate introduction of our
community, stating that we have 24/7 valet service. Actually, we have valet
service only until midnight. It also says that we have a BRISTO room, probably
meaning a BISTRO room.
To access the WEB site there is a “sign in” requirement,
most of the other statutes mandatory requirements are missing. Following is a
short list of shortcomings:
·
On the left side of the home page there is a
menu with a heading: Forms and Documents. When selecting ”DOCUMENTS” a list of
PDFs in a random order appears. To find a specific month financial document,
you have to browse thru the entire documents list. Other documents, as required by law, are missing from the list.
·
Only 2
board certificates are included, the board’s treasurer certificate isn’t posted
·
No contracts nor bids are included
·
None of the rules & regulations are
published
·
Notice of owners meeting that must be in plain
view on the front page ( missing)
·
Other services that owners requested but not
included (not a legal requirement, but nice to have):
o
Advertising items to sell
o
Advertising services like: plumbing, electrician
etc.
In conclusion:
AMII WEB site is extremely
deficient from what is required by the new law. The most important and
informative information is missing. There is no transparency and owners are
left in the dark, this web site doesn’t meet the new Florida state law. Back to sub menu