61B-23.002. Operation of the Condominium Association

(1) Each association shall create an online account with the division at https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/. An association whose Declaration of Condominium is recorded in the official records of the county after October 1, 2025, shall create an online account with the division within 30 days of such recording. (a) Each association shall include the following information within the online account within 45 days of the effective date of this rule or initial association recording, whichever is later: 1. Contact Information. a. The name of the association as provided for in the association’s governing documents. b. The mailing address of the association. c. The email address and phone number for the association. d. The name and contact information of the association’s community association manager or community association management firm, if applicable. e. The name and board title for each member of the association’s board. f. The association website address, if applicable. The association may provide the division with login credentials to the association website. g. The physical address of the condominium property. 2. Condominium Association Buildings. a. The physical address of all buildings in the association. b. The total number of stories, including the habitable and uninhabitable space in each building within the association. c. The total number of units in each building within the association. d. The year the certificate of occupancy was issued for each building within the association. e. Any construction commenced within the common elements during the calendar year for each building within the association. Construction shall be deemed commenced when a Notice of Commencement is required or filed. 3. Assessments. a. The amount of assessments and special assessments for the current fiscal year, inclusive of reserves, and the projected amount of assessments and special assessments for the subsequent fiscal year, inclusive of reserves. b. The purpose of the assessments and special assessments. c. The name of all financial institutions with which the association maintains accounts. 4. The association shall provide a copy of any structural integrity reserve study (SIRS) and any associated materials through the association’s online account with the division within 5 business days of a request from the department. The department may make requests to the association through the online account. (b) Each association shall review, verify, and update all required information submitted through its online account with the division on an annual basis, by no later than January 15 of each calendar year. (c) In addition to the annual update, each condominium association must update the contact information within its online account with the division within 30 days of any change to contact information. (d) Annual updates and changes submitted through the online account are deemed received only upon the association’s receipt of electronic confirmation from the department. (2) Each association which operates more than 2 units shall pay an annual fee of $4 for each unit in a residential condominium operated by the association. If the declaration is amended during the year to alter the number of units or to add additional phases containing units, the association shall pay the annual fee on the highest number of declared units during the year. The fee shall be paid as follows: (a) The division shall provide to the association an annual fee statement. The failure to receive the Annual Fee Statement shall not relieve the association of the obligation to pay the fee. Annual fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes. (b) The initial annual fees are due for the year in which a declaration of condominium is recorded. Payment shall be made within 30 days of recordation of the declaration or amendments creating subsequent phases. Payment shall be submitted to the division along with the notice of recordation required by subsection 61B-17.001(4), F.A.C. (c) Subsequent annual fees are due on or before January 1 of each year. (3) Each association that votes to forego retrofitting of the common elements, association property, or units of a residential condominium with a fire sprinkler system, or the common elements or units of a residential condominium with handrails or guardrails, shall report the voting results and certification information for each affected condominium to the division through the association’s online account. If retrofitting has been undertaken by a residential condominium, the association shall report the per-unit cost of such work to the division through the association’s online account within 60 days of recordation of the retrofitting waiver certificate in the public records where the condominium is located or upon commencement of the retrofitting project, whichever comes first. The division shall prepare separate reports of information obtained from associations relating to the waiver of a fire sprinkler system and the waiver of handrails and guardrails and deliver the reports to the Division of State Fire Marshal of the Department of Financial Services no later than September 1 of each year. (4)(a) As provided for by Sections 718.1085 and 718.112(2)(l), F.S., any vote to waive a retrofitting requirement shall be held at a duly called meeting of the membership, with members voting live and in person, or may be conducted without a membership meeting by written consents, or may be conducted by a combination of the two with the association counting written consents received along with votes cast live and in person at a duly called meeting of the membership. Effective October 1, 2004, retrofitting requirements related to a fire sprinkler system may also be waived by the use of limited proxies cast at a duly called meeting of the membership. (b) The written consent form utilized by the association must contain a space for the authorized voter to sign and must identify the unit owned. Voting by written consents or written agreements may be utilized by an association regardless of whether the bylaws or the declaration specifically permit voting by written consents or written agreements. (5) Unit owners shall not, except as provided by Section 718.112(2)(b)2., F.S., vote by general proxy, but may vote by limited proxy substantially similar to the SAMPLE LIMITED PROXY FORM adopted by the division as DBPR Form CO 6000-7, incorporated herein by reference and effective June 23, 2009. The form may be obtained by writing the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 or may be accessed at http://flrules.org/Gateway/reference.asp?No=Ref-19183 or https://www2.myfloridalicense.com/lsc/documents/CO-6000-7SampleLimitedProxy.pdf. (6) If the declaration, articles of incorporation or association bylaws require or authorize the use of voting certificates, the voter named on such certificate is the only person authorized to appoint a proxy even though the unit is owned by more than one person or entity or is owned by an entity which is not a natural person. (7)(a) Each association, regardless of control, must prepare and maintain as part of its official records, a completed Frequently Asked Questions and Answers Sheet in DBPR form CO 6000-4, as referenced in Rule 61B-17.001, F.A.C. The association shall update the information provided in the answers to the Frequently Asked Questions and Answers Sheet and prepare a revised sheet every 12 months beginning from when the sheet was last revised. The answers to the questions may be summary in nature, in which case the answer shall refer to identified portions of the condominium documents. (b) Other records related to the operation of the association, which the association shall maintain as official records pursuant to Section 718.111(12)(a)21., F.S., or as that subparagraph may be subsequently renumbered, shall also include correspondence and other written communication with the division.