Legal News You Can Use: 2025 - 2026 Community Association Legislative Update

2025-2026 COMMUNITY ASSOCIATION LEGISLATIVE UPDATE

Official Records and Websites (Section 718.111 of the Florida Statutes) The Condominium Act specifies the types of official records that associations are required to maintain, many of which must also be posted on the association’s website. The official records include items like the governing documents, meeting minutes, membership roster,

insurance policies, association contracts, financial records, and voting records. The new laws modify the procedures governing the maintenance and accessibility of official records and websites in the following manner: First, an association must maintain the following items as part of its official records: records commits a misdemeanor of the second degree, and they must be removed from office and a vacancy declared. ▪ Note – Under previous law, this misdemeanor offense only

» Hard copy records and electronic records that contain the minutes of all meetings of the association, the board, any committee, and the unit owners. ▪ Note – Previous law did not contemplate electronic records of meeting minutes, nor did it explicitly require committee meeting minutes to be maintained as part of the official records. » A recording of all meetings that are conducted by video conference. ▪ Note – Previous law did not require video recordings to be maintained as part of the official records. » All bank statements and ledgers. ▪ Note – We believe these items were previously required to be maintained as part of the official records, but the legislative amendments now make that requirement explicit. » All affidavits required by the Condominium Act. ▪ Note – This includes, without limitation, all required mailing affidavits. Second, if there are approved minutes for a meeting held by video conference, recordings of those meetings must be maintained for at least 1 year after the date the video recording is posted on the association’s website. ▪ Note – The legislation does not address the requirement for keeping video recordings of meetings when there are no approved minutes for the meeting or when the recording is not posted on the website. Arguably, in such cases, the recording must be permanently maintained. Third, a director or member of the board or association or a community association manager who willfully and knowingly or intentionally violates the statutory obligations and requirements with respect to the provision of official

applied if an individual violated the statutory obligations or requirements two or more times within a 12-month period. The new legislation lowers that threshold, making it “easier” for individuals to face criminal charges. While the criminalization of such conduct has always raised concerns in the legal industry, this change further underscores the potential for misuse and increases the risk of unfair or excessive enforcement. Fourth, in addition to the previously required items, an association must also post the following documents on its website: » The approved minutes of all board meetings over the preceding 12 months; » The video recording or a hyperlink to the video recording for all meetings of the association, the board, any committee, and the unit owners which are conducted by video conference over the preceding 12 months; and » A copy of all affidavits required by the Condominium Act. Fifth, any document required to be posted on the association’s website under the Condominium Act must be uploaded within 30 days after the association receives or creates that document. ▪ Note – Previous law did not impose a timing requirement for posting these documents. Finally, a reminder that effective January 1, 2026, associations managing condominiums with 25 or more units (which do not contain timeshare units) will be required to post digital copies of certain documents on its website or make them available through a mobile application. Currently, this requirement only applies to condominiums with 150 or more units. This change was enacted during the 2024 legislative session, but it does not take effect until January 1, 2026. ■

8 | Kopelowitz Ostrow Ferguson Weiselberg Gilbert