Affirmative acknowledgements This is all affirmative acknowledgments made pursuant to F.S. 720.3085(3)(c)3: A parcel owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of the invoice for assessments or the statement of the account before the association may change the method of delivering an invoice for assessments or the statement of account. The parcel owner may make the affirmative acknowledgment electronically or in writing. Note that while an affirmative acknowledgement is an official record of an HOA, it’s not a record accessible to members or parcel owners for inspection or copying. All other written records This includes all other written records of the association not specifically included in this subsection in the statute but are related to the operation of the association. As you can see, this provision of “all other written records of the association” opens it up to all sorts of documentation and correspondence from and to board members, members, and CAM’s emails. An association may be wise to consult with their attorney to create a policy related to how the association will accept and respond to members of the association when it comes to correspondence. A CAM and the board should always use their best practices of communication skills and judgement when responding to digital correspondence. Don’t hit SEND until you are sure that your return message is accurate, objective, and professional. Does it need to be shared with others, like board members, before responding? Certifications of HOA board members’ education Within 90 days after being elected or appointed to the board, each director must submit a certificate of having satisfactorily completed the educational curriculum administered by a DBPR-approved education provider. ● The newly elected or appointed director must complete the department-approved education for newly elected or appointed directors within 90 days after being elected or appointed. ● The certificate of completion is valid for up to four years. ● A director must complete the education specific to newly elected or appointed directors at least every four years. ● The educational curriculum must include training relating to financial literacy and transparency, record keeping, levying of fines, and notice and meeting requirements. ● In addition to the educational curriculum specific to newly elected or appointed directors: ○ A director of an association that has fewer than 2,500 parcels must complete at least 4 hours of continuing education annually. ○ A director of an association that has 2,500 parcels or more must complete at least 8 hours of continuing education annually. Required documents ● All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated HOA or any other entity in which a director of an association is also a director or an officer and has a financial interest.
Bids received by the association for work to be performed are considered official records and must be kept for a period of one year. Financial records The financial and accounting records of the association must be kept according to good accounting practices. The financial and accounting records must include: ● Accurate, itemized, and detailed records of all receipts and expenditures ● A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due ● All tax returns, financial statements, and financial reports of the association ● Any other records that identify, measure, record, or communicate financial information Disclosure summary This is a copy of the disclosure summary for purchasers of unit/parcel in an HOA as described in F.S. 720.401(1). The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. There is additional language that must go along with the disclosure. ( See the end of the course for an example .) Election materials This includes ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by parcel owners that must be maintained for at least one year after the date of the election, vote, or meeting. Requirements for HOAs Florida statutes were amended to require an HOA with 100 or more parcels to post certain documents on its website or make them available through a mobile application by January 1, 2025. The list is similar to the list of documents that condominiums are required to post on their websites. The required documents include: ● The articles of incorporation of the association and each amendment thereto ● The recorded bylaws of the association and each amendment thereto ● The declaration of covenants and a copy of each amendment thereto ● The current rules of the association ● A list of all current executory contracts or documents that the association is a party or under which the association or the parcel 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. ○ Example of executory contracts: Any ongoing service agreements, such as landscape maintenance, swimming pool maintenance, and management ● The annual budget and any proposed budget to be considered ● The financial report required, and any monthly income or expense statement to be considered at a meeting ● The association’s current insurance policies ● The certification of each director as required by F.S. 720.3033(1)(a)
PART 3: WEBSITES AND MOBILE APPLICATIONS
Page 69
Book Code: CAMFL1526
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