Florida Law Requires Condominium Associations to Maintain Websites & Portals – Effective 1/1/19

 

CLICK HERE for 2019 Condo Law

 

Two Very Important Points With This 2019 Florida Law

1.  It's only required for buildings with 150 units or more

2.  The website is for owners only -- not the public

Full Transparency is the Key!

There were 22 condos that sold in Champlain Towers in the 12 months prior to the June 23, 2021 collapse.   A 2018 inspection report revealed major structural defects.  

• Did the buyers of the 22 condos receive a copy of the inspection report prior to their purchase?   
• Did the management company put the inspection report on the condo website?
• It's possible Sellers didn't attend board meetings or review the condos website.

The Solution

We need to take former Governor Rick Scott's law a step further and require FULL TRANSPARENCY by all condo and homeowner associations.  

This will be extremely helpful to buyers, sellers, management companies, lenders and realtors.  It will also help to eliminate lawsuits for failure to disclose.  Realtors and Buyers spend a lot of time chasing documents that should be publicly available.

Suggested Changes to Florida Law:

1. Condo websites should be public and not require a log-in
2. Remove the 150 unit minimum and require all condos to have public websites
3. Require the following documents on the website:
• All inspection reports
• All board meeting minutes (past 12 months)
• All active lawsuits
• Current Financials & Approved Budget
• Condo documents
• Current Rules & Regulations
• Application to Lease/Sell
• Copy of Insurance Policies
• An Up to Date Condo Questionnaire (required by lenders)

Condo Association Hides Lawsuit

 

Click to View Lawsuit on Clerk of Court Website

I had a condo under contract in Jupiter and the bank discovered a lawsuit (public record) against the condo association a few days prior to closing.   I contacted the condo association manger via email and requested info required by the bank.  The manager replied via email "No, it’s a pending lawsuit, nothing can be discussed."   My seller was not aware of this lawsuit because it was also never discussed in the board meeting minutes.   This lawsuit was effectively hidden from owners!  

If this were a cash transaction, the buyer would have never discovered this lawsuit.  If the Plaintiff wins this case, the condo owners could be liable for any damages not covered by their insurance policy.  If this was not disclosed to a buyer, they could sue the seller for failure to disclose.  The seller could argue that it was never discussed in board meetings.

This was like herding cats, but we eventually got all the documents from the condo associations attorney and I'm sure she charged a hefty fee for her time.  

If this info was on the condo associations website, it would be transparent to condo owners, buyers, realtors and lenders.  To limit the liability of the condo association and management company, they could add an acknowledgement on the buyers application (for association approval) that the buyer has reviewed all documents on the community website www.____.com.

If the lender required documents were on-line, the attorney would not need to spend hours every time a condo goes under contract.

I Load Condo Documents to Google Drive for Full Disclosure to My Buyers

 

"I've been loading condo documents, financials, inspection reports and other relevant documents to Google Drive for years," said Dickenson.  Its simple to create a website and require the property management company to load all the required documents.   A public website will reduce the liability of the condo association and Sellers.

In the real estate contract for sale and purchase, a clause can be added that the Buyer acknowledges they can view all documents on the condo associations website www._____.com.

In the condo application, a clause can be inserted that the Buyer acknowledges they have reviewed all documents on the condo associations website www.____.com.

Transparency = reduced liability!!

When Concrete Restoration is Delayed...

 

I shot this video in 2017 from the roof of an adjacent condo on Palm Beach island.

I shot this video in July 2021 in Jupiter

 I've seen condo associations delay concrete restoration for years and it's easy to spot if you know what you're looking for.   If they delay repairs too long, the concrete damage can travel inside the condo.  If this happens, they will need to remove the sliding glass doors and jackhammer up the concrete floors inside the condo to replace the rebar.

Can you imagine looking at a piece of plywood inside your condo and listening to this for 6+ months! Turn up the volume.

I Filmed with HGTV

Short Profile Video

Testimonial From a Beverly Hills Actress

 

Turn Up the Volume!

My client purchased this condo via Skype and left this message at 1am after seeing the condo for the first time (after it closed).