See below for important 2024 Statutory Changes
Community associations are multi-faceted corporations responsible for critical community functions such as budgeting and finances, covenant enforcement, and insurance and maintenance of common property and improvements.
A community association is obligated to perform its duties in the interest of its membership in accordance with the governing documents of the community association as well as applicable statutory and administrative law. To this end, it is critical that a community association be proactive rather than reactive in identifying issues of importance to the community and its members.
Emmanuel Sheppard & Condon’s attorneys can assist in identifying critical issues which may affect the community association, and work to develop a comprehensive solution to those issues. If your community association is in need of legal representation, please contact us to request an information package about the services we offer.
Emmanuel Sheppard & Condon’s attorneys routinely provide advice and services to our community associations such as:
- Compliance with applicable statutory law and administrative regulations
- Corporate governance and operation
- Collection of assessments and fines
- Foreclosure of claims of lien
- Covenant violations
- Document drafting, amendment, and revision
- Extension or reinstatement of covenants, conditions, and restrictions due to implications of the Marketable Record Title Act (MRTA)
- Association management and service contracts
- Association mergers
- Termination of the condominium form of ownership
- Statutory pre-suit mediation for homeowners associations
- Election disputes and recall arbitration
- Mediation and arbitration before the Division of Florida Condominiums, Timeshares and Mobile Homes
EDUCATION CLASSES
EDUCATION CLASSES
Board member education is now mandatory for residential condominium association board members and homeowners’ association (HOA) board members in Florida.
The Florida Department of Business and Professional Regulation (DBPR) has announced their new board members class offerings. Here is the link. On the yellow bar, click on 2024 Board Member Certification. The requirements and class information begin on page 102. https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/
Residential Condominium Associations [See Florida Statute 718.112(2)(d)4.b. effective July 1 for full details, a copy of which is posted on this page as House Bill 1021]:
-Submit written certification to the association secretary that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members
-Submit to the secretary of the association the class certificate (curriculum must be 4 hours long and include instruction on milestone inspections, structural integrity reserve studies, elections, recordkeeping, financial literacy and transparency, levying of fines, and notice and meeting requirements)
-Submit annual 1 hour continuing education certificate thereafter for a class covering recent changes to Chapter 718 and administrative rules
Condominium Directors appointed or elected prior to July 1, 2024, have until June 30, 2025, to meet the new educational curriculum requirement.
Condominium Directors appointed or elected on or after July 1, 2024, must complete an educational curriculum that is at least 4 hours long within 90 days after being elected or appointed.
Check the Event Calendar at this link for virtual condominium classes offered by the Division of Florida Condominiums, Timeshares and Mobile Homes (Division): https://www2.myfloridalicense.com/condominiums-and cooperatives/education/#1596546209499-45457338-a1a9 or call the Division at 850-488-1122.
Homeowners Associations (HOA) [See Florida Statute 720.3033(1) effective July 1 for full details, a copy of which is posted on this page as House Bill 1203]:
-Submit class certificate to the association for newly elected or appointed directors (curriculum must be 4 hours long and include instruction on financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements)
-Certificate is valid for up to 4 years
-In addition, directors must complete annual continuing education of at least 4 hours (if HOA has fewer than 2,500 parcels), and 8 hours (if HOA has 2,500 parcels or more)
HOA Directors elected or appointed prior to July 1, 2024, must complete an educational curriculum within four years, as long as the director serves on the board without interruption during the 4-year period.
HOA Directors appointed or elected on or after July 1, 2024, must complete an educational curriculum within 90 days after being elected or appointed.
CONDOMINIUM PANEL DISCUSSIONS
Join us for a Q&A session on the new legislative changes affecting Community Associations on Thursday, July 25 from 10a-Noon. Registration is required. Click on the link here to register.
Structural Integrity Reserve Study & Mandatory Milestone Inspections: What’s Next?
Legislation changes in response to the Surfside tragedy can be downloaded here!
Maintaining Adequate Reserves
Does your association maintain adequate reserves?
2024 STATUTORY CHANGES
Effective July 1, 2024
- House Bill 1021: Community Associations
- House Bill 59: Provision of Homeowners’ Association Rules and Covenants
- House Bill 1203: Homeowners’ Associations
- House Bill 1029: My Safe Florida Condominium Pilot Program
- House Bill 293: Hurricane Protections for Homeowners’ Associations
2023 STATUTORY CHANGES
Effective July 1, 2023
- Senate Bill 154: Condominium Safety
- Senate Bill 360: Construction Defects
- House Bill 437: Flags, Display and Storage
- House Bill 799: Property Insurance
- House Bill 919: Homeowners’ Associations
- Senate Bill 7052: Insurer Accountability
CLIENT FILE ACCESS
Access your Coastal Connect profile.
Hurricane Preparedness
Department of Business & Professional Regulation: Hurricane Guide
