Q: I have a question regarding affidavits. I am the Secretary of my condominium association and am sometimes asked to sign affidavits for the mailing of meeting notices and similar documents. When are these actually required? (R.M., via e-mail)
A: The Florida Condominium Act, Chapter 718, Florida Statutes, requires various affidavits. Below are some of the most common situations where the Florida Condominium Act requires an affidavit and who is required to sign it:
Financial Report: Associations are required to deliver a copy of their most recent financial report by United States mail or personal delivery at the mailing address, property address, e-mail address, or facsimile number provided to fulfill the association’s notice requirements, or a notice that a copy of the most recent financial report will be, as requested by the owner, mailed, hand delivered, or electronically delivered via the Internet to the unit owner, without charge, within five (5) business days after receipt of a written request from the unit owner. Evidence of compliance with these delivery requirements must be made by an affidavit executed by an officer or director of the association.
Board Meeting to Consider a Non-Emergency Special Assessment or an Amendment to Rules Regarding Unit Use: Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding Unit use will be considered must be mailed, delivered, or electronically transmitted to the Unit Owners and posted conspicuously on the Condominium Property at least fourteen (14) days before the meeting. Evidence of compliance with this fourteen (14)-day notice requirement must be made by an affidavit executed by the person providing the notice.
Membership Meetings: The notice requirements for membership meetings are provided in Section 718.112(2)(d)4. and the Florida Condominium Act requires that notice of a membership meeting must be sent at least fourteen (14) days in advance, and the first notice of a meeting where the election of members of the board of directors is to be held must be sent at least sixty (60) days in advance. An officer of the association, or the manager or other person providing notice of the association meeting, must provide an affidavit or United States Postal Service certificate of mailing affirming that the notice was mailed or hand delivered in accordance with Section 718.112(2)(d)4. of the Florida Condominium Act.
Budget: At least fourteen (14) days before a meeting in which a proposed annual budget of the association will be considered, the board shall hand deliver to each unit owner, mail to each unit owner at the address last furnished to the association by the unit owner, or electronically transmit to the location furnished by the unit owner for that purpose a notice of such meeting and a copy of the proposed annual budget. An officer or manager of the association, or other person providing notice of such meeting, shall execute an affidavit evidencing compliance with such notice requirement.
Structural Integrity Reserve Study: An officer or a director of an association must sign an affidavit acknowledging receipt of the completed structural integrity reserve study.
All affidavits required by the Florida Condominium Act must be maintained as an official record of the association and, if the association is required to have a website, a copy of the affidavits must also be posted to the association’s website.
For homeowner associations governed by Chapter 720, Florida Statutes, the Homeowners’ Association Act also requires homeowners’ associations to maintain certain affidavits. Section 720.306(5) of the Homeowners’ Association Act requires an affidavit executed by the person providing notice of any membership meeting.
Further, if a homeowners’ association adopts a board resolution authorizing the use of electronic voting, such resolution must be adopted at a board meeting with fourteen (14) days’ notice and the homeowners’ association must have an affidavit executed by the person providing the required notice of the meeting.
As such, affidavits are important documents for all community associations, as they create a record of an association’s compliance with various statutory notice obligations. If an association has questions regarding its obligation concerning affidavits, it should consult its legal services provider.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.