Florida HOA Special Alert – Deadline to Provide Copy of Rules and Covenants
All Homeowner’s Associations governed by Chapter 720, Florida Statutes, take notice of the upcoming deadline to provide a physical or digital copy of the Association’s rules and covenants to every member of the Association before October 1, 2024.
Section 720.303(15) of the Florida Statutes provides as follows (emphasis added):
(15) 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 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.
If an Association intends to use its website to fulfill the requirements of Section 720.303(15), notices must be sent to each member of the Association intent to utilize the website for that purpose by (i) electronic mail to those members who have consented to receive notices by electronic transmission in writing, and (ii) mail to all other members at the mailing address on file.
As always, it is recommended to consult with a legal professional for advice tailored to your specific circumstances.
A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. Competent legal counsel should be consulted if you have questions regarding compliance with the law.
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