● In addition, the board may adopt a procedure for conspicuously posting the meeting notice and agenda on the association’s website and mobile app for at least the minimum period for which a notice of a meeting is also required to be physically posted on the association property. Any rule adopted must include a requirement that the association send an electronic notice to members whose email 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. An electronic notice must include a hyperlink to the website or mobile app where the meeting notice is posted. The association may also provide notice by electronic
transmission for board, committee, and member meetings to any member who has provided written consent to receive notice by electronic transmission to a facsimile number or email address. Are these notices, procedures, and alternatives part of the association’s records? You bet. The petition, the notice, the agenda, and record (minutes) of the meeting held. Remember that each member will have the right to speak for at least three minutes on each matter placed on the agenda by petition. The members may use a sign-up sheet or submit a written request to speak prior to the meeting. Is that a record of the association? I think you know by this time that the answer is Yes!
PART 2: OFFICIAL RECORDS AND THEIR MAINTENANCE
the association of its intent to utilize the website for this purpose. The notice must be sent in the following ways: ● By electronic mail to members of the association who have consented to receive notices by electronic transmission and provided an electronic mailing address. ● By mail to all other members of the association at the address identified as the member’s mailing address in the official records of the association. Meeting minutes This includes the minutes of all meetings of the board of directors and of the members. It’s worth noting that a few years ago statutes for condominium and cooperative associations included that among other records the minutes of all meetings are to be maintained from the inception of the association. This is loosely interpreted to mean for the entire life of the condominium or cooperative association. Homeowners’ association statute does not currently make that requirement of the minutes. Roster This is a current roster of all members and their designated mailing addresses and parcel identifications. A member’s designated mailing address is the member’s property address, unless the member has sent written notice to the association requesting that a different mailing address be The association must also maintain the email addresses and fax numbers designated by members who consent to receive notices via electronic transmission. A member’s email address is the email address the member provided when consenting in writing to receive notices by electronic transmission, unless the member has sent written notice to the association requesting that a different email address be used for all required notices. The email addresses and fax numbers provided by members to receive notices by electronic transmission must be removed from association records when the member revokes consent to receive notice by electronic transmission. However, the association is not liable for an erroneous disclosure of the email address or fax number for receiving electronic transmission of notices. Insurance This includes all of the association’s insurance policies or a copy. Contracts Includes a current copy of all contracts that the association is a party to. This includes, but is not limited to, any management agreements, leases, and other contracts in which the association has any obligation or responsibility. used for all required notices. Electronic transmission log
The association must maintain each of the following items, which constitute the official records of the homeowners’ association, for at least seven years, unless the governing documents of the association require a longer period. Property records Copies of any plans, specifications, permits, and warranties related to improvements constructed in the common areas and other property that the association is obligated to maintain, repair, or replace. This will include items that board members may have long ago forgotten. Documentation such as surveys and the plat of the property; agreements with local municipalities and state agencies for things like storm drainage or perimeter walls/fences or landscape/lake requirements or road/ walk maintenance agreements; irrigation system plan specifications along with any alterations made through the years; land lease agreements. This is not an exhaustive list. Governing documents A copy of the bylaws, articles of incorporation, declaration of covenants of the association, and each amendment to these documents. Remember when it comes to HOAs, a provision was included in F.S. 720 that before October 1, 2024, an association shall provide a physical or digital copy of the association’s rules and covenants to every member of the association. AND an association shall provide a physical or digital copy of the association’s rules and covenants to every new member of the association. Many associations and CAMs have been under the assumption that it’s a seller’s responsibility to provide a copy of the documents of the association to a buyer. It’s now the responsibility of the association to provide a copy to new members. Rules and regulations (CC&Rs) The rules of the HOA community are described in the declaration of covenants, conditions, and restrictions (CC&Rs). This is a copy of the current rules of the HOA. If an association’s rules or covenants are amended, the association must provide every member of the association with an updated copy of the amended rules or covenants. An association may adopt rules establishing standards for the manner of distribution and timeframe for providing copies of updated rules or covenants. This requirement may be met by posting a complete copy of the association’s rules and covenants, or a direct link to them, on the homepage of the association’s website accessible to the members of the association. Then, the association must send notice to each member of
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