By Gary Gardiner | Heritage Estate Management

If you are a Board Member for a community with 25 units or more in Naples, Marco Island, or West Palm Beach, the digital "grace period" has officially ended. As of January 1, 2026, Florida Statute 718.111(12)(g) has expanded the mandatory website requirement to nearly every mid-to-high-rise association in the state.

Previously, only large-scale associations (150+ units) were required to maintain a website. Today, a missing or non-compliant web portal isn't just a communication failure—it’s a statutory violation that can trigger state investigations and owner lawsuits.

Use this 2026 Audit Checklist to ensure your association is on the right side of the law.

1. The "25-Unit" Infrastructure Mandate

Does your association meet these basic technical requirements?

  • Accessibility: The site must be reachable via the Internet.

  • Secure Portal: There must be a password-protected section inaccessible to the general public, reserved exclusively for unit owners and association employees.

  • Ownership: The association must wholly own the domain or have a dedicated, independent page through a third-party provider (management-bundled tools must allow for independent association control).

2. Mandatory Document Checklist

By law, the following documents must be posted in digital format within the secure owner portal:

  • Governing Documents: The recorded Declaration, Bylaws, Articles of Incorporation, and every amendment.

  • Rules and Regulations: A current copy of all association rules.

  • Financial Records: The annual budget, any proposed budgets, and the year-end financial report.

  • Meeting Records: Notices and agendas for all owner and board meetings, plus at least 12 months of approved meeting minutes.

  • Structural Safety: The most recent Milestone Inspection Report and the Structural Integrity Reserve Study (SIRS).

  • Active Contracts: Any "executory" (active) contract or document regarding bids received within the last year.

3. The "30-Day" Rule & Video Mandate

Two major updates in the 2025–2026 legislative cycle have changed how we handle "fresh" data:

  • The 30-Day Upload: New records must be posted to the website within 30 days of being created or received by the board.

  • Video Recordings: If your board meetings are held via video conference (Zoom, Teams, etc.), the recordings must be posted on the website and maintained for at least one year.

4. What Must NOT Be Posted (Privacy Redactions)

Compliance is also about what you hide. You must redact the following before uploading any document:

  • Personal Info: Social Security numbers, driver’s license numbers, and credit card information.

  • Medical Records: Any information related to an owner's health or "accommodation" requests.

  • Protected Emails: Owner email addresses—unless the owner has provided written consent for them to be part of the official records.

The Consequences of Non-Compliance

In 2026, the Florida Division of Condominiums has increased its oversight. Failure to maintain a compliant website can lead to:

  1. Administrative Fines: Daily penalties for each day the site is non-compliant.

  2. Board Member Removal: Repeated failure to provide records via the website is now considered a breach of fiduciary duty, which can lead to a state-mandated removal from office.

  3. Owner Litigation: Owners can now use the lack of a website as legal grounds to demand records and potentially sue for statutory damages.

About the Author

Gary Gardiner is the President and Senior Property Manager at Heritage Estate Management, providing expert guidance to multi-unit residential properties and high-rises throughout Collier, Lee, and Palm Beach Counties. Gary specializes in financial restructuring and reserve optimization, helping communities from Marco Island to West Palm Beach achieve long-term stability and legislative compliance.