Effective communication requires a combination of open Meetings, frequent Newsletters, an updated Website, Board Correspondence and Direct Owner Contact. Condominium owners have the obligation to support the Association and elected officials and provide their input and opinions towards the betterment of the community.
Prohibition Against SLAPP Lawsuits (Statute 718.1224)
SLAPP (Strategic Lawsuit Against Public Participation)
Unit Owners’ Rights: This Legislation, effective 7/1/24, reaffirms and protects the right of condominium unit owners to instruct their representatives and petition for redress of grievances before their condominium associations as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. SLAPP lawsuits have occurred when association members are sued by condominium associations, individuals, business entities, or governmental entities arising out of a condominium unit owner’s appearance and presentation before the board of the condominium association or a governmental entity on matters related to the condominium association.
Prohibiting SLAPP Lawsuits: It is the public policy of this state that condominium associations do not engage in SLAPP suits. Prohibiting such lawsuits by condominium associations against condominium unit owners who address matters concerning their condominium association will preserve this fundamental state policy, preserve the constitutional rights of condominium unit owners, ensure the continuation of representative government in this state, and ensure unit owner participation in condominium associations.
Lawsuits Filed Without Merit: A condominium association in this state may not file or cause to be filed through its employees or agents any lawsuit, cause of action, claim, cross-claim, or counterclaim against a condominium unit owner without merit and solely because such condominium unit owner has exercised the right to instruct his or her representatives or the right to petition for redress of grievances before the condominium association or the various governmental entities of this state.
Retaliatory Conduct: It is unlawful for a condominium association to fine, discriminatorily increase a unit owner’s assessments, discriminatorily decrease services to a unit owner, or bring or threaten to bring an action for possession or other civil action, including a defamation, libel, slander, or tortious interference action, based on conduct described in this subsection. For the unit owner to raise the defense of retaliatory conduct, the unit owner must have acted in good faith and not for any improper purposes, such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation. Evidence of retaliatory conduct may be raised by the unit owner as a defense in any action brought against him or her.
Examples of When Retaliation is Prohibited: Examples of conduct for which a condominium association, an officer, a director, or an agent of an association may not retaliate include, but are not limited to, situations in which:
(a) The unit owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the condominium,
(b) The unit owner has organized, encouraged, or participated in a unit owners’ organization,
(c) The unit owner submitted information or filed a complaint alleging criminal violations or violations of this chapter or division rules with any governmental agency,
(d) The unit owner has exercised his or her rights under this chapter,
(e) The unit owner has complained to the association or any of the association’s representatives for the failure to comply with chapters 718 or 617, or
(f) The unit owner has made public statements critical of the operation or management of the association.
Expeditious Disposal of SLAPP Lawsuits: It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts. A condominium unit owner sued by a condominium association has a right to an expeditious resolution of a claim that the suit is in violation of this section. A condominium unit owner may petition the court for an order dismissing the action or granting final judgment in favor of that condominium unit owner. The petitioner may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the condominium association’s lawsuit has been brought in violation of this section. As soon as practicable, the court shall set a hearing on the petitioner’s motion, which shall be held at the earliest possible time after the filing of the condominium association’s response.
Damages, Fees & Costs: The court may award the condominium unit owner sued by the condominium association actual damages arising from the condominium association’s violation of this section. A court may treble the damages awarded to a prevailing condominium unit owner and shall state the basis for the treble damages award in its judgment. The court shall award the prevailing party reasonable attorney’s fees and costs incurred in connection with a claim that an action was filed in violation of this section.
Use of Association Funds for SLAPP Lawsuits: Condominium associations may not expend association funds in prosecuting a SLAPP suit against a condominium unit owner. Condominium associations may not expend association funds in support of defamation, libel, slander, or tortious interference action against a unit owner or any other claim against a unit owner based on conduct described herein.
Corresponding with Owners
Primary methods for Association communication with members are as follows:
- Newsletters & bulletins
Board & Committee meeting Notices with agendas
First & second Annual Meeting notices (January/February & March)
Proposed and final annual budgets (November)
Annual audited financial report (April)
Board letters to specific owners (as required)
Association Newsletters
Regular, as a minimum quarterly, and timely Newsletters provide another important official Board communication tool. Newsletters should clearly communicate factual information to help owners understand the progress and accomplishments of the Association. They should not be used to promote a particular opinion, agenda, or political position.
Following are recommended Newsletter contents: | |
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Owner Access to Association Records
As described in the "Ownership" page of this website, the homeowners in Jupiter Bay own their unit, and collectively they own the rest of the Association (each homeowner owns a fractional share of everything else). The Association staff, vendors, maintenance supplies, and utility services are funded by the owners, and board members are elected to represent and serve the owners.
The Association records can inform the owners how their Association is structured, how it's being run and how their money is being spent. Likewise, nearly all of the records of the association, whether financial or otherwise, are available to the homeowners. Please reference the "Management" page of this website for a listing of the Association's Official Records, which can be viewed and/or copied by owners.
Community Associations Institute (CAI) is a national organization dedicated to fostering vibrant, responsive, competent community associations. Founded in 1973, CAI represents association-governed communities, such as condominium and homeowner associations, cooperatives, and planned communities.
Principles for Homeowners and Community Leaders
Homeowners Have the Right To:
- A responsive and competent community association.
- Honest, fair and respectful treatment by community leaders and managers.
- Participate in governing the community association by attending meetings, serving on committees and standing for election.
- Access appropriate association books and records.
- Prudent expenditure of fees and other assessments.
- Live in a community where the property is maintained according to established standards.
- Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated.
- Receive all documents that address rules and regulations governing the community association -- if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community.
- Appeal to appropriate commmunity leaders those decisions affecting non-routine financial responsibilities or property rights.
Homeowners Have the Responsibility To:
- Read and comply with the governing documents of the community.
- Maintain their property according to established standards.
- Treat association leaders honestly and with respect.
- Vote in community elections and on other issues.
- Pay association assessments and charges on time.
- Contact association leaders or managers, if necessary, to discuss financial obligations and alternative payment arrangements.
- Request reconsideration of material decisions that personally affect them.
- Provide current contact information to association leaders or managers to help ensure they receive information from the community.
- Ensure that those who reside on their property (e.g., tenants, relatives, friends) adhere to all rules and regulations.
Community Leaders Have the Right To:
- Expect owners and non-owner residents to meet their financial obligations to the community.
- Expect residents to know and comply with the rules and regulations of the community and to stay informed by reading material provided by the association.
- Respectful and honest treatment from residents.
- Conduct meetings in a positive and constructive atmosphere.
- Receive support and constructive input from owners and non-owner residents.
- Personal privacy at home and during leisure time in the community.
- Take advantage of educational opportunities (e.g., publications, training workshops) that are directly related to their responsibilities, and as approved by the association.
Community Leaders Have the Responsibility To:
- Fulfill their fiduciary duties to the community and exercise discretion in a manner they reasonably believe to be in the best interests of the community.
- Exercise sound business judgment and follow established management practices.
- Balance the needs and obligations of the community as a whole with those of individual homeowners and residents.
- Understand the association’s governing documents and become educated with respect to applicable state and local laws, and to manage the community association accordingly.
- Establish committees or use other methods to obtain input from owners and non-owner residents.
- Conduct open, fair and well-publicized elections.
- Welcome and educate new members of the community—owners and non-owner residents alike.
- Encourage input from residents on issues affecting them personally and the community as a whole.
- Encourage events that foster neighborliness and a sense of community.
- Conduct business in a transparent manner when feasible and appropriate.
- Allow homeowners access to appropriate community records, when requested.
- Collect all monies due from owners and non-owner residents.
- Devise appropriate and reasonable arrangements, when needed and as feasible, to facilitate the ability of individual homeowners to meet their financial obligations to the community.
- Provide a process residents can use to appeal decisions affecting their non-routine financial responsibilities or property rights— where permitted by law and the association’s governing documents.
- Initiate foreclosure proceedings only as a measure of last resort.
- Make covenants, conditions and restrictions as understandable as possible, adding clarifying “lay” language or supplementary materials when drafting or revising the documents.
- Provide complete and timely disclosure of personal and financial conflicts of interest related to the actions of community leaders, e.g., officers, the board and committees. (Community associations may want to develop a code of ethics.)
Right of Owners to Assemble
Florida Statute 718.123 grants the right of owners to peaceably assemble:
(1). All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106(4) (See below). The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities. No entity or entities shall unreasonably restrict any unit owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities.
(2). Any owner prevented from exercising rights guaranteed by subsection (1) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any condominium document or rule which operates to deprive the owner of such rights.
Board Member Email Communications
Email communication continues to play a greater role in the Association's business. We now have email addresses for nearly all of our homeowners. The management office, homeowners, Board members, and our vendors are using email communications to replace many if not most of the traditional "snail mail" types of correspondence. The Property Manager and Board of Directors conduct much of the day-to-day association business via email. This leads to some interesting questions, several of which Florida statutes are beginning to address.
A July 1st 2014 change in Florida’s condominium statutes involved board member email communications. Statute 718.112(2)(c), which addresses board of administration meetings, now reads “Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail”.
Although this change acknowledges and authorizes board member communication via e-mail, it leaves a number of unanswered questions:
- Exactly what actions can board members take via email, and where do the statutes draw the line short of “casting a vote on an association matter”?
- Can emails be used for obtaining “unanimous written consent” on official board actions?
- Are emails between board members considered “official records” of the association? If so, this opens a multitude of questions, including how they should be retained, whether they can be obtained/viewed by owners, etc.
Item #15 of Florida Statute 718.111(12)(a) includes as Official Records “All other records of the association not specifically included in the foregoing which are related to the operation of the association.” Management office and Board member emails are certainly used in the “operation of the association”. Therefore board member emails may be considered “official records” making them available for viewing by homeowners who request them. The only exception would be for those emails protected by the lawyer-client privilege or containing certain confidential personnel information.
Regarding the second question, a Palm Beach Post reader asked the Poliakoff attorneys, in a 7/27/14 posting, whether “the board could use a unanimous written consent, executed in counterparts, to meet the requirements for a traditional meeting?” Gary & Ryan Poliakoff responded that:
“Not all attorneys agree. Most attorneys have said that, unless expressly barred otherwise by the governing documents, unanimous written consents may be used for official board actions. We do know of some attorneys who feel that the governing documents must expressly provide for action by unanimous written consent, but that seems to be a minority opinion. It’s also important to note that some decisions — such as considering a special assessment or passing a rule regarding unit use in a condominium — require written notice to owners, and for those decisions it is doubtful that a unanimous written consent would suffice.”
Jupiter Bay’s governing condominium documents make no mention of email usage and do not provide for unanimous written consent as an allowed means of taking board actions. On the other hand, they do not expressly bar the use of this method. This leaves us with a number of unanswered questions for future statute amendments, or the Association's attorneys, to address.
Owner's Email Address Usage
The email address that you provide becomes part of the Association's "Roster of Unit Owners", and its use is regulated by the Official Records section (12) of Florida Statute 718.111.
Paragraph (a)7 of this section says that the Association shall maintain: "A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known, telephone numbers. The association shall also maintain the electronic mailing addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission. The electronic mailing addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided in accordance with subparagraph (c)5. However, the association is not liable for an inadvertent disclosure of the electronic mail address or facsimile number for receiving electronic transmission of notices."
Paragraph (c)5 says that this information is used to fulfill the association's notice requirements. The paragraph also regulates the printing and distribution of the owners' directory.
Following is a summary of the statutes referenced above:
- An association may print and distribute to owners a directory containing the name, address and phone number (but not email address) of each owner. An owner may request in writing to exclude telephone number.
- Owner email addresses are maintained by the association for those owners who consent to receive notices by electronic transmission.
- The electronic mailing addresses are not accessible to unit owners if consent to receive notice by electronic transmission is not provided.
- The association is not liable for an inadvertent disclosure of electronic mail addresses.
Board/Homeowner Inquiries
Prompt Board response to owner correspondence (emails, letters, etc.) is very important, enabling owners to feel that their input and concerns are valued.
Florida Statute 718.112(2)(a)2 says that "when a unit owner files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days of receipt of the inquiry. The board’s response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that advice has been requested from the division."
If the board requests advice from the division, the board must respond within 10 days of its receipt of the advice. If a legal opinion is requested, the board has 60 days to respond.
Response Times
10 Business Days -- Official records of the association shall be made available to a unit owner after receipt of a written request to the Board.
- Smartphone, tablet or other portable device can be used to scan or photograph.
- The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.
Owner Inquiry by Certified Mail:
- 30 Days Substantive response (or) sought legal/division opinion
- 10 Days After receipt of Division advice
- 60 Days After owner inquiry when Board seeks legal advice
60 Days -- Time Board has to place an item on a Board Meeting agenda If 20 percent of the voting interests petition the board to address an item of business.
5 Business days -- to file an elevator accident report ($1,000 max fine for failure to report).
Reasonable period -- Converting recorded meeting minutes to written form.
Association Website
Condominium Association websites provide valuable information regarding the Association and community activities.
Their purpose is "to provide condominium owners helpful information to keep them informed of Association activities, enhance community spirit, increase transparency, and promote inclusiveness of all owners. The content of the websites needs to be strictly controlled by the Association. The website should not contain information that violates generally accepted privacy standards, is political in nature, is offensive to individuals or organizations."
Websites need to comply with Florida statute 718.111(12)(g) requirements and be reviewed and updated regularly as they are important communication sources for unit owners.
The association’s website or mobile device application must be:
- An independent website, application, or web portal wholly owned and operated by the association; or
- A website, application, or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal, collection of subpages or web portals, or an application which is dedicated to the association’s activities and on which required notices, records, and documents may be posted or made available by the association.
- Accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.
Upon a unit owner’s written request, the association must provide the unit owner with a username and password and access to the protected sections of the association’s website or application which contain any notices, records, or documents that must be electronically provided.
Website Posting of Official Records
Per FL Statute 718.111(12)(g): By January 1, 2019, an association managing a condominium with 150 or more units shall post a current copy of the following documents in digital format on the association’s website or made available through an application that can be downloaded on a mobile device:
- The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration.
- The recorded bylaws of the association and each amendment to the bylaws.
- The articles of incorporation of the association, or other documents creating the association, and each amendment to the articles of incorporation or other documents. The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State.
- The rules of the association.
- A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year. Summaries of bids for materials, equipment, or services which exceed $500 must be maintained on the website or application for 1 year. In lieu of summaries, complete copies of the bids may be posted.
- The annual budget required by s. 718.112(2)(f) and any proposed budget to be considered at the annual meeting.
- The financial report required by subsection 718.111(13) and any monthly income or expense statement to be considered at a meeting.
- The certification of each director required by s. 718.112(2)(d)4.b.
- All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated condominium association or any other entity in which an association director is also a director or officer and financially interested.
- Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss. 468.4335, 468.436(2)(b)6., and 718.3027(3).
- The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)3., no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website or application, or on a separate subpage of the website or application labeled “Notices” which is conspicuously visible and linked from the front page. The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered.
- Notice of any board meeting, the agenda, and any other document required for the meeting as required by s. 718.112(2)(c), which must be posted no later than the date required for notice under s. 718.112(2)(c).
- The inspection reports described in ss. 553.899 and 718.301(4)(p) and any other inspection report relating to a structural or life safety inspection of condominium property.
- The association’s most recent structural integrity reserve study, if applicable.
- Copies of all building permits issued for ongoing or planned construction.
The failure of the association to post information required on its website is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees.