● Conflict of interest. Any contract or document regarding a conflict of interest or possible conflict of interest. Both HOA statute, 720.3033(2) and statute for professional standards, specifically community association management (468.436(2)(b)6 provide requirements related to any conflict of interest. ● Notice of any scheduled meeting of members and the agenda for the meeting, at least 14 days before the meeting. The notice must be posted in plain view on the homepage of the website or application, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the homepage. ○ The association shall also post on its website or application any document to be considered and voted on by the members during the meeting or any document listed on the meeting agenda at least seven days before the meeting at which such document or information within the document will be considered. ● Notice of any board meeting, the agenda, and any other document required for the meeting which must be posted on the website or application no later than the date required to post. ● The association’s website or application 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 parcel owners and employees of the association. ● Upon a written request by a parcel owner, the association must provide the parcel owner with a user name and password and access to the protected sections of the association’s website or application that contains the official documents of the association. ● The association shall ensure that the information and records that are not allowed to be accessible to parcel owners are not posted on the association’s website or application. ○ If protected information or information restricted from being accessible to parcel owners is included in documents that are required to be posted on the association’s website or application, the association must ensure the information is redacted before posting the documents. ○ The association or its authorized agent is not liable for disclosing information that is protected or restricted unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information. ● The association shall adopt written rules governing the method or policy by which the official records of the association are to be retained and the time period such records must be retained. Retention Policy - Description and Purpose A retention policy provides clear guidelines for association boards, members, and authorized agents that ensure understanding of the responsibilities regarding data management. A document retention policy can help to demonstrate the association’s commitment to ethical and lawful data practices. It acts as a safeguard for the association and strengthens its ability to adapt to changing regulatory and business demands. Put simply, a retention policy is a proactive step toward achieving compliance, security, and operational excellence.
The policy (or policies) identifies the records of the association that are information stored in physical form or electronically. It’s common for the association’s attorney to help the board to create retention policies. Retention periods are determined by governing documents, applicable statutes such as chapter 720 and chapter 617 of the Florida Statutes. The policy will address each individual document as to length of time that it must be kept before it can be destroyed or archived. The Community Association Institute (CAI) describes a secretary as, “The organization’s chief information officer; the secretary shepherds the records.”* While the owner of the records is technically the association, the person or entity responsible for the overall data governance is typically a senior leader within the organization, hence the secretary. So, the board may want the secretary to sign the approval of any policy or policies created and adopted at a board meeting or member meeting. *CAI: The Board Secretary. A Guide for Association Practitioners. Fourth edition. 2003. Some associations appoint a communication committee or steward. Such committee may be involved in ensuring the quality and accuracy of data being retained or posted to websites and mobile applications. A records custodian may include a CAM or the management firm for the association. They may be the personnel responsible for the technical environment and security where data is stored, processed, and transmitted. Examples of what a records retention policy may identify: ● Administrative Records : Their description and the retention period. ● Fiscal Records : Their detailed description and retention period. ● Personnel Records : If it applies, and their retention period. ● Legal Records : This may include a number of document types. Such records may have various required retention periods. ● General Service Records : Maintenance records, property, security and insurance records ● Information Technology : Systems access to records, project files, and how this information may or may not change as a new board is elected or appointed. All the information discussed must be made available to the parcel owners through the association’s website or mobile application. As a CAM, it’s clear that there has been a lot of thought, case law, and legal consideration over the years that went into the needs assessment to determine what should be included in the Florida statute for HOAs related to the duties and responsibilities of the association as they relate to records and record keeping. Associations, their boards of directors, and CAMs must take these requirements and responsibilities seriously. Records and record keeping are often the subject of abuse, document and statutory violations, and lawsuits for associations, directors, and CAMs.
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Book Code: CAMFL1526
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