HOUSE BILL 59 – PROVIDING COPIES OF THE DOCS

So The Florida Legislature is only in session for another four days.  Over the next few weeks we want to educate you about the bills that passed both The Florida House and The Florida Senate.  So here we go……..

Let’s start with an amendment to Florida Statute 720.303.

The following is all added:

(13) REQUIREMENT TO PROVIDE COPIES OF RULES AND COVENANTS.—

(a) 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.

(b) An association shall provide a physical or digital  copy of the association’s rules and covenants to every new 3 member of the association.

(c) 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.

(d) The requirements of this subsection may be met by posting a complete copy of the association’s rules and covenants, or a direct link thereto, on the homepage of the association’s website if such website is accessible to the members of the association and the association sends notice to each member of the association of its intent to utilize the website for this purpose. Such notice must be sent in both of the following ways:

  1. By electronic mail to any member of the association who has consented to receive notices by electronic transmission and provided an electronic mailing address to the association for that purpose.
  2. 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.

Section 2. This act shall take effect July 1, 2024.

While it’s certainly going to cost the association some money to make sure every owner gets a copy of the docs, if the association doesn’t have a website — I think the statute has good intentions.  Everyone should have a copy of the rules, the declaration, the articles and the bylaws.  It’s a no brainer.  If you’re not provided with a copy of these documents, it’s hard to allege that you are deliberately not complying with them.  Once provided with a copy, you can forget about arguing ignorance.  We don’t want ignorance, on the contrary, we want well informed owners.

 

What do you think about this new law?

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