What HOA's and Condo Associations Need to Know
Until recently, only large condominium associations in Florida—those with 150 or more units—were required by law to maintain a community website. That changed on July 1, 2024, when House Bill 1021, signed into law by Governor Ron DeSantis, took effect. This legislation dramatically broadened the requirement, lowering the threshold so that any condominium association with 25 or more units must now operate a compliant website or mobile application.
The deadline for associations to meet these requirements is January 1, 2026.
This change means thousands of smaller associations must now prepare to create or upgrade their digital platforms to remain compliant. While the process may feel burdensome at first, maintaining a website will not only meet legal obligations but also streamline the way associations handle record requests and improve transparency with unit owners.
Under the new law, if official records are posted online, associations may direct unit owners to the website instead of arranging an in-person inspection. The Condominium Act now specifically provides that digital access via a website or mobile app is sufficient to fulfill the board’s legal responsibility.
If your association is unsure whether it falls under the new mandate, what records must be published, or how to manage digital record requests, it’s best to consult your association’s attorney for tailored guidance.
Compliance Requirements by January 1, 2026
By the compliance deadline, every Florida condominium association with 25 or more units must maintain a website or mobile application that provides digital access to required records.
These records are divided between:
- A public-facing page (available to anyone)
- A secure, password-protected portal (accessible only to owners and employees)
Records Requiring Secure Access
Most documents must be housed in the secure, owner-only section of the site or app, including:
Governing Documents
- The recorded declaration of condominium, plus amendments
- Recorded bylaws and amendments
- Articles of incorporation filed with the Florida Department of State and amendments
- The association’s current rules and regulations
Financial Records
- Approved annual budget and any proposed budgets
- Monthly financial statements and income/expense reports
- Annual financial reports and audits
- The most recent structural integrity reserve study (if required)
- Beginning in 2025, associations must also post investment policy statements and related records
Contracts & Bids
- A list of all active contracts and obligations binding the association or owners
- All bids received within the past year after bidding closes (summaries required for bids over $500)
- Contracts or transactions in which a director has a financial interest or potential conflict of interest
Meetings
- Approved board and unit owner meeting minutes from the past 12 months
- Beginning in 2025, hyperlinks or digital copies of video recordings from virtual meetings held in the past year
Inspections & Structural Reports
- All inspection reports tied to building safety or structural integrity (including milestone inspections)
- All current building permits for ongoing or planned construction
Other Records
- Current certification documents for each director
- Starting in 2025, all affidavits required under Florida law
Records Requiring Public Access
The public portion of the website must include:
- Notices and agendas for upcoming unit owner meetings, posted at least 14 days in advance
- Contact details for the designated person or entity responsible for handling estoppel certificate requests
Information That Must Remain Confidential
Certain records may not be published online for privacy and security reasons, including:
- Personal identifying information of unit owners
- Employee personnel files
- Security system details and sensitive condominium security information
Penalties for Board Members
Board members themselves can face personal liability for misconduct:
- Criminal penalties: Willfully or knowingly denying access to official records is a second-degree misdemeanor under Florida law
- Removal from office: Unit owners may vote to recall directors, and those charged with a crime tied to association management must step down
- Civil liability: Directors can be sued for breach of fiduciary duty if their actions harm the association or deny owners’ legal rights
Penalties for Non-Compliance
Failure to meet the new website requirements can have serious consequences for both the association and its board members. Penalties are enforced by the Division of Florida Condominiums, Timeshares, and Mobile Homes (the Division), as well as through legal action initiated by unit owners.
Enforcement by the Division
- Civil penalties: Each violation can result in fines ranging from $500 to $5,000
- Tiered fines: Some violations may be calculated per unit, with penalties between $10 and $30 per unit depending on severity
- Corrective actions: The Division can order an association to take specific steps to remedy non-compliance
Legal Action by Unit Owners
Unit owners may pursue their own remedies if the board fails to comply:
- Injunctions: Owners can file lawsuits to compel the association to post required records
- Damages & legal fees: Courts may award damages plus attorney’s fees to prevailing owners
- Daily penalties for denied access: If access to records is wrongfully denied, owners may receive $50 per day for up to 10 days, starting on the 11th business day after the written request
Consequences for the Association
- Financial strain: Civil fines, attorney’s fees, and corrective costs can significantly burden an association’s budget
- Increased oversight: Non-compliance can trigger further investigations by the Division
- Reputation damage: Lack of transparency erodes trust and can create long-term conflict between boards and owners
Key Takeaway
By January 1, 2026, Florida condominium associations with 25 or more units must have a compliant website or mobile app in place. Meeting this requirement is more than a legal obligation—it is also an opportunity to build trust, streamline record-keeping, and reduce conflicts with unit owners.
Associations should act early by consulting legal counsel, selecting a secure digital platform, and preparing the required records well before the compliance deadline.