HOA and Condo Boards Face Tough New Regs

anks to new Florida regulations, the volunteer boards running the thousands of HOAs and condos in the state are scrambling to keep up. As 2024 came to an end, communities like these have along list of requirements.

Milestone inspection report.   Existing buildings must have a milestone study by the end of the year in which they reach 30 years of age (built before July, 1992), or 25 years if within 3 miles of the coastline. Phase 1 of the Inspection Study is a visual examination by a qualified architect or engineer. Phase 2 is required if deterioration is detected. The inspection reports must be made available to owners and local building officials. This had to be done by the end of 2024.

SERS. The Structural Integral Reserve Study requires associations 3 stories or more to have a structural integrity reserve study completed by December 31, 2024, for each building on the condominium property. The study must include, at a minimum, 10 items including load bearing walls, roofs, etc.

Board certification. Condo and HOA managers are required

Corporate transparency act

Coming up by Dec 32 , 2025

Password protected website

And in 2026

Term limits 

New Deadlines Loom for Florida Condos

Hawks cay resort

Becker

Lily and dave

Budgeting and reserves

-fiduciary duty

-criminality (voting, bribes, responses to official records))

-structural integrity report is 3 stories and 30 years and more

• Reserve study is 3+ and all ages
• Structural reserves can’t be pooled. Others can
• Cash flow funding is different than component/straight line funding
• Reserves are for replacement or deferred maintenance (will increase/preseve life of time)
• Questions about what is required in reserves (sea walls, canals,etc)
• Can’t borrow from reserves to pay for insurance, etc
• Your docs tell you where you put your deposits , income has to stay there
• Budget is the boards biggest responsibility

Corp transparency act (beneficial ownership)

• yes, no, maybe – now is no
• Lots of requirements

Websites

• Condos 25 next year
• Hoas-100 lots Jan 1,
• Official records password protected
• Meetings posted , contracts
• Put all the associations records on it
• Digitize all your records
• Ada compliant ? If community Ada required- yes

Popular Bank

-you need 100% windstorm protection

Fully remote participation

• Can’t have fully, have to have a physical place
• Distinctions between board meetings and member meetings (members votes)
• Annual meeting required )usually elections)
• Special meetings anytime
• Board meeting once a quarter required – members have to be able to ask questions
• Required for project , delegating responsibilities , alterations

Electronic voting and notifications

• Board resolution 14 days before vote to allow electronic voting
• Then members can vote electronically
• Once you start , you must continue
• Condo voting is a lot better than in HOAs
• Electronic notice
• Do it with board resolution, members have to consent
• Can’t give out emails , UNLESS owner sign up for email only
• Mgt can send out on behalf
• If they haven’t given permission you have to mail notices

Certification

-elected after July 1, 2024 by Dec 31, 2024. if elected before then, you have until july2, 2025

• 1 hour certification every year
• 4 hours again after 4 or 7 years
• Difference between hoa and condo requirements . Hoa has 4 hours annual
• If not completed , you are off the board

Diff between condos and HOAs

• condo laws by statute.-They have common areas 718
• Property owner assocs- not regulated
• Hoa. Common areas owned by HOA 720
• Coops- 719. Use right
• Common elements and limited common elements (balconies, parking spaces)per docs . Who uses and who pays

Management cos

• . Conflict of interest , competitive bidding required

Voting is controlled by documents

Electronic chargers

Deeded parking spaces (limited common element). Ok for charger . If infrastructure not good, who pays for that

Term limits. Coming in 2026

• unless no other candidates ,
• Or approved by 2/3rds vote

Follow process if suspending common use and voting ?can we suspend

2 things we should do

Can zoom Count towards

Quorum or participate. Yes, if you have resolution

Insurance deductible meeting required every year .14 day notice meeting required

Rules for meeting participation. Rules on back of agenda

John Brady 

Florida condos and HOAs face bewildering challenges – these are the questions getting asked

Thanks to new regulations, the volunteer boards running thousands of HOAs and condos are scrambling to keep up. As 2024 came to an end, communities like these have along list of requirements.

Last week we attended a conference held by Becker, as law firm specializing in condo and hoa law. It was quite an experience, so we thought we would share, but I only the new requirement a , but also a sampling of the many interesting questions posed by members of the audience 

, are just some of the requirements these. Haras had to fill.

SERS. 

Milestone inspection report 

Board certification 

Corporate transparency act

Coming up by Dec 32 , 2025

Password protected website

And in 2026

Term limits