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Are HOA’s in the state of Florida required to now go to computer document instead of written paperwork

Started by TonyaP8 replies • 185 views

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TonyaP (Florida)
Posts: 5
Posted:
I’m just trying to make sure for the sake of my current HOA that we are not obligated to go to computer form of documentation if so, can somebody put me in the right direction for us law or what state I need to talk to to find out what we need to do I live in a 55 and older community and I have neighbors who are not computer savvy. Thank you so much.
ElleN (Idaho)
Posts: 4,420
Posted:
Is this a condominium, subject to FS 718? Or a subdivision of single family homes, subject to FS 720? Or something else?

It makes a difference.
TonyaP (Florida)
Posts: 5
Posted:
Single-family homes
TonyaP (Florida)
Posts: 5
Posted:
Single-family homes
TonyaP (Florida)
Posts: 5
Posted:
Single-family homes
TonyaP (Florida)
Posts: 5
Posted:
I’m asking for the state of Florida
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TonyaP on 01/17/2024 4:53 PM
I’m just trying to make sure for the sake of my current HOA that we are not obligated to go to computer form of documentation
FS 720 requires just a few things to be done on a HOA's internet site, as follows:

720.30851 Estoppel certificates.—Within 10 business days after receiving a written or electronic request for an estoppel certificate from a parcel owner or the parcel owner’s designee, or a parcel mortgagee or the parcel mortgagee’s designee, the association shall issue the estoppel certificate. Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section.

Under 720.303, Board Meetings:
... In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on the association’s website or an application that can be downloaded on a mobile device for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the association property. Any rule adopted must, in addition to other matters, include a requirement that the association send an electronic notice to members whose e-mail addresses are included in the association’s official records in the same manner as is required for a notice of a meeting of the members. Such notice must include a hyperlink to the website or such mobile application on which the meeting notice is posted.

(emphasis above added by me)

See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=display_statute&URL=0700-0799/0720/0720.html. Keyword search the latter for the word "web."

If this does not make sense, ask questions to clarify.
ElleN (Idaho)
Posts: 4,420
Posted:
Oops; one more FS 720 reference to documents that the HOA might have to put on its web site, as follows:

(Buried in FS 720.303)
INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet...
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By ElleN on 01/17/2024 6:09 PM
Oops; one more FS 720 reference to documents that the HOA might have to put on its web site, as follows:

(Buried in FS 720.303)
INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request. This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or, at the option of the association, by making the records available to a parcel owner electronically via the Internet...

There's a bill now being considered by the Florida legislature that would make all of the official records defined now, and more, be available on a website. It's one thing to have all the records on file that can be made available. Another thing to actually load those all to a website and keep them up to date. That's a huge amount of data that would have to be digitized and uploaded and a huge burden on HOAs.

They are also proposing a state maintained database of all HOAs, their board members, and their governing documents including rules and regulations. It would be maintained by DBPR, which is already so over burdened they can't do the work they are supposed to do.

But to the OP's original question - no, the documents at this point can be paper and do not have to be digitized online.

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