Florida is home to countless condominiums, homeowners’ associations, and cooperatives. These types of residences can offer convenient and affordable ways to live, but they often come with a bundle of laws and regulations that the homeowner may not know about. Earlier this year, Governor Rick Scott signed HB 791 into law, a bill that provides a package of new laws that affect the aforementioned types of residents. Taking effect on July 1, 2015, the bill creates several new laws that change the way homeowners’ associations and condominiums can go about their business.
- The bill allows associations to conduct elections and other votes regarding membership electronically. The bill provides specific requirements that the association must use when setting up an electronic–or internet-based–voting system, including a board resolution approving electronic voting. An owner must be given the right to consent or opt out of electronic voting, and if they opt out the owner must be provided with a paper ballot.
- HB 791 amends the existing official records catch-all provision, providing that “all other records of the association . . . which are related to the operation of the association” are official records. Now, any non-written records like audio tapes or security camera footage are most likely not official records and therefore not available for owner review and inspection as a matter of right.