Condos that don’t comply with the Web Portal Requirement could face Criminal Penalties

Team OoftheB upshot Leave a Comment

The Florida Legislature gave condos with 150 or more units only an additional six months till January 1, 2019, to have a web portal with Official Records management in place.  Those condos need a functional web portal available for their owners to access a laundry list of Official Records through the portal with their own login credentials.  Waiting till the January 1st deadline is not advisable in view of the civil and criminal penalties built into the Florida Condo Law.

Section 718.111(1)(d) of the Condo Law provides that “the refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13 or as obstruction of justice as provided in chapter 843.”  Those are serious crimes that volunteer board members and their professional managers should not risk being subjected to.  There is no reason not to comply right now.

Civil penalties are also built into the Florida Condo Law which provides that “the failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply. Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request. The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.” Section 718.111(12)(c)(1).  Those money penalties could be applied in cases where condos do not satisfy their new web portal obligation.

These criminal and civil penalties are applicable not only with respect to the larger condos but to all condos.  Smaller condos with less than 150 units don’t have to have the web portal access available for their owners just yet but the lawmakers have suggested that that will eventually apply to them as well.  However, upon a request by an owner for Official Record access, the condo board and its manager (no matter the size of the condo) must provide access to the owner or they are subject to both civil and criminal repercussions as stated.

Office of the Board comes with an instant web portal solution with Official Record management so that any condo can comply immediately.  There is no reason for any condo to wait to comply.  Waiting till the end of the year to comply is playing with fire.  Visit www.officeoftheboard.com/flaootb/ or call (212) 658-1912 and comply instantly with the Florida laws.

Leave a Reply

Your email address will not be published. Required fields are marked *