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Guys josh adams. Here and im here with blake stewart managing partner of stewart stewart law thanks for joining us today. Hey.
Josh thanks for having me. Appreciate it you know. When it comes to legal stuff.
It just scares me out of my mind. So. When this new law came out 7 18.
1. 11. 12 g.
Im sure youve memorized that already 7 18. 1. 11.
12 geez you got it looking flotus that you need to look thats awesome uh huh and once when this came out and some of our clients started asking about it for hoas and condo associations. We said hold on time out. Were gonna go ask our friends a little bit more about this.
But a little bit more about it so we did that we chatted with a few guys. And you were one of them asked you to come in you and i spent some time just learn a little bit about it sure so. What i asked.
But like to do is come in and just chat with me a little bit maybe educate you guys a little bit on some of the commonly asked questions sure yeah im gonna dive into it what are your thoughts on it as a whole kind of your thoughts on the the new statute. Kind of what we have to follow realistically i dont think this the statute is anything new or groundbreaking. I mean obviously it creates like an electronic requirement for the condominium associations.
But really all of the documents that the statute is requiring be kept on this new portal for documents that condo associations were required to maintain in existence. So things like contracts assessments. Meeting minutes meeting times and dates.
This is all stuff. That traditionally was mailed or youd have to pick up your phone and all the more upright. Youd have to ask for it and of course.
There would be time requirements for the association to respond to your request and really this new statute. Just kind of strings like streamlines. It electronically brings it up to date.
The owner hey you got to have it on your website. Now exactly i mean you mentioned to me you felt that was pretty much good for everybody it made things easier i mean it seems a more transparent. I think it is good for everybody because it takes you know obviously it doesnt supplant.
The requirement that the kind of many associations maintain these records. But now its i i think now you know youve got the opportunity to scan in and theyre sort of memorialized electronically. Where everyone hopes and and so now.
Its not so much okay. So you know youve got an association. Members wants to come down and review.
The documents and print. The documents you have to make sure you have somebody available to do that so other than the fact that it creates a new requirement right i think generally its good for everything that makes sense that makes sense one of the the first things that talks about is having either an independent website. Either wholly owned and operated by the association or in summary paraphrasing.
Again. I gotta be careful. When i do that but you know a little guy.
But basically either they own it entirely or they rent or lease it from a third party right that makes sense it does make sense that this is how the statute was written incredibly confusing. But i think your summary sort of hits nail on the head. When you read the actual requirement.
It makes very little sense a website or web portal operated by a third party provider with boone. The association owns leases or rents right. So what that means is that if you run your own website and youre an enterprising condominium association.
Now you have to put your portal on your website right if you hire someone else to do your website you have to pay that person that does website put portal on your website. Why dont i just say it right so they can either own our website and have it on there or rent or lease one and other party controls correct simple enough. Its a good one to control issue.
Yeah. That makes that they have to have control of it in one way or another. Its their responsibility to maintain control of their website.
Right okay. That makes sense one of the major things here was that portal has to be a location that is inaccessible to the general public. But accessible only to employees and members of the association correct that is correct.
So its its going to be a part of the normal website. So if you go on and you see like the global exchange condominium association. Just pick that off your sign.
I saw that yeah. Theres one of my other clients yes. You know you go on their website.
And theyre apportions for the public to view you know you can see the registered address you can see certain information about the association. But you wont be able to the general public wont be able to access those condominium related documents make sense make sense the requirement talks about a username and password needing to be provided upon request. So you cant just be a single you password protected page.
It actually has to be a username and password specifically. So one of the ways around it in the passage. Then people just put a password on the page.
And its the same password for everybody yeah in this case. It has to be a username password for each individual.

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who is responsible for windows in a condo in florida-0

Yeah. Which is kind of interesting what do you think about that from a technology standpoint. Its a lot more complex you know one of the things that we found a lot of people doing when this law came out was kinda little to the fear mongering that can use the scary wording.
And the tech talk and kind of say hey. This is really really hard it does make it more complex and certainly in terms of not having to have one password. But a lot of these login systems already been done for us for example.
We had built login systems like this in the past for other associations that didnt even need the alaric requirement. So when the law came out. We said oh we have a login here it is now lets just add these other components.
So i think. Its important an important distinction just say hey you need to username a password for each user. But theres not only thats scary to be honest that sounds scarier than it is well i do have a few more questions about that you know it does seem to me that from a practical standpoint.
Why not just have the one login. The one password and then of course. Only the residents will have access to it and i understand what youre saying about how its its not too much more.
Its got to be a little bit more calm little bit yeah. But the way i thought about i dont know why i guess. Its because i spent so much time in gated communities when i was a teenager.
But you know in the gated community. I think he had kind of two choices. There were some gated communities or it was just one password right and everybody got it and then of course.
The homeowners children gave the password out to all their friends right. But it didnt really matter because in those communities. Where everybody got their own gate code.
You homeowners children would then give out their personal gate. Code right. Although.
Although now that i think that i think i do remember that when that happened they would like to get a report of whos exactly exactly. Which is part of the control here. I think so it doesnt specifically say must provide unit owner with a unique user pastor doesnt say that and it says user name password so technically it doesnt specify it it has to be unique.
Thats what im reading oh. So youre saying that it could go see. Even lawyers can use some statutory interpretation from a technical standpoint.
It doesnt say that but at the same time it could imply that and thats where you get into that weird gray area. Youre right. It says a username and password exactly very interesting so that was kind of one thing we stumbled on okay well i mean it doesnt say you have to what were doing fall of our clients.
Were providing unique ones. I mean that just keeps them safe covers. It yeah you get that log like you were saying from those gated communities.
Where okay who logged in where actually you can see okay this one logins getting you know hundred logins every week. Okay. Its not just you somebody you gave it away and theyve been out of town.
So its all exactly right so i think thats worth kind of thinking about i think. The earring on the safe side is creating the unique one. But it then technically doesnt say that it doesnt youre right you know what else that is missing.
Whats it a time requirement. So it just says you must provide a username and password right doesnt say when oh gosh talk about opening a pandoras box. They can leave that alone.
I think it will leave that one alone. But i mean you you have the time requirements in other statutes in terms of how quickly they have to provide documents doctor requested. Which brings me to another question along those lines.
Then so will providing this user name password fulfill that the other requirement of document requests court requirement. Where it says they have to provide it within five or ten days or whatever. It is well thats what outside of the website scope.
But while providing a user and password fulfill that request if theyre making a traditional document request in my humble opinion. I think we say i am a chow and ready i am a cho. I would argue that it does not fulfill that with marmont because not everybody has the internet right right especially what ive had conversations with others in terms of if that person has disabilities or for some reason cant access the internet.
Sure now you have created a boundary. Youve created a potential should work around did you actually provide the access so right so far. What the unanimous.
I you know response. Ive had when ive asked that question around has been same as you my opinion. I cant say for certain about via.
But it doesnt sound like it does fulfill it youd have to give them the document as well as hey in the future. Hes using a password and hope that helps cut down on those requests at least so from my interesting at this point it doesnt fulfill it thats gonna what thats gonna what the unanimous. Ive heard back from the next section talks about all the documents that have to be up there i dont think we really should dive into each individual document.
Today. But one that ive had a lot of questions about was this one here where talks about any management agreement lease or other contract etc. Etc.
So its really summaries of bids for materials equipment services must be maintained ellipse it for one year. Whats a sorry cuz that thats opened interpretation. It doesnt well im a construction guy and i can tell you that the form of bid is different for every hydrant yep.
I think i could see where some contractors may get a little hand yep if theyre having to disclose material costs for instance. Thats exactly concerned labor costs things like that you know if youre an enterprising condominium association. Member you can sort of reverse engineer.
And do the math and then weve all got that cousin jim and the florida company guests are four eight eight a square foot and this guy was read a nine. Yeah god forbid well watch out so iii think that we may see a fight there i mean i would agree with that i think that on what has been summary.

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who is responsible for windows in a condo in florida-1

I mean i would argue that it would be the scope of work and then you could just put a flat rate at the bottom that makes sense. I dont know i dont really have a problem with that you know i can see where probably some condominium members may want a little bit more detailed information right. I guess at the end of the day.
Its the members who really pay for things like running assessments. So but i would argue that if you provide a number and the number is lowest number and thats one you go with youre probably not gonna see a lot of complaints right. No that makes sense that makes sense okay.
I think thats one that what people been asking about skipping down a few as well theres a. I and j here. Actually cover things that could potentially be conflict of interest.
So i kind of goes a little bit more wordy about it. But j is pretty specific any contract or document has to be uploaded to this site that regarding a conflict of interest or possible conflict of interest as provided in hawaii. Numbers sure well i think that the easiest way to explain that is with with the bid process youre going to add youre gonna remodel the lobby in the condominium right and youre going to look youre going to open the bid process up open bidding and buy contractors to come in and its very possible that one of the members of the board of directors may be a contractor or constructor.
And were. Partnering. Lunn or a partner in one or something of that nature and and thats okay.
Theres nothing that says that he cant submit a bid. You know provided that hes competitive and theres no double dealing right this is a requirement that he informed the board of directors and the members that you know he would have to come out. And say okay.
I do have an interest in this company. It will be providing a bid. But ill be going through the same bid process you know thats really no different than what we have now because youd be able to go and make a paper request right to deny the bids as a member of a condominium association and review assessments and things like that.
And you would have to turn it you know in that same situation board of a board member with the conflict of interest. Wed have to submit a document stating. Yes.
A collective interest so its just putting it online. Its in an easier to access area putting it online and easier to access area that makes sense that makes sense. Okay.
Theres a few other things were about meeting notes etc. I think its pretty clear. But three down here talks about items that shouldnt be uploaded right so tell me a little about that okay so there is certain information.
Even condominium associations arent privy to and all its basically looks to me like an oopsie klaus is saying theyre not supposed to see it dont put it on the website and or if you have to to upload a required document. But within that document are things that theyre not supposed to see so we redact it gotcha that makes sense adapt it yeah okay so mc you know its funny because what they dont have in the statute is like a hammer for the ufc clause. So what happened is just a if they accidentally post some information.
They shouldnt that they shouldnt one day. What what is the penalty. So interesting that thats a little scary actually new statute right right here it comes.
So blake. I appreciate you coming down just chatting with us a little bit. I really appreciate the time it helps clarify some questions.
I had i think some questions some of our clients and prospects have certainly so thanks so much for your time not so fast. Id like to turn the tables sure absolutely what do you think about as a tech guy and a web guy what do you think about the new statue. I think.
Its a lot scary. Its a lot less scary then it sounds again why i mentioned this earlier. Weve had some of our clients.
Mentioning hey. You know were getting people coming in saying. This is gonna cost twenty thirty forty thousand dollars to make you compliant.
And its just the bogus will you do it for ten. Yes okay and so really what we found. Though is that a lot of the systems they sound super complex they sound scary this stuffs all been done before theres nothing in here requirement wise technology wise that we havent done before okay as a company.
And its just a matter of saying. Oh well we dont normally need that but well take it from this other client that we were building and lets put it here. Theres a login system.
Okay i dont have the book from scratch. Oh. A document management system.
Yeah okay undies ii just need to add revision control to it okay so theres some things like that you know that we can do for even less than the number you mentioned it just depends on what they need right when it comes to an association. Do they just need this just to be compliant thats a lot simpler do they want to look there they want to present and look wonderful beautiful and help try to build property values and look good. The realtors etc.
But different we might have a little bit more complex site. Because im even more design time in marketing c.mon.
Do they want to list put up for sale properties for lease properties garage sale announcements right do they want to have other things they need well then that might bring the price up. But certainly these guys coming out there and saying. Hey this is gonna be 30000.
Thats its just a little bit of fear mongering that im not really proud of the our industry. Sometimes will do so i would just say keep cool talk to somebody talk to an attorney talk to an agency and just say hey really you know what does this mean and and what is it gonna take to build is this really have to be a ginormous huge project. No it really doesnt so that though you might take on it and actually one other item that i would mention is a lot of them are still rushing for that july 1st date.
Which has x been pushed out right. It was amended so it was amended. There was a march 13th amendment.
That was put in front of governor scott. Which he signed on the 23rd and bought all of you condo associations out there an extra six months. So the deadline has been extended to january 1st.
Yeah 2019 exactly well thanks for turning around well share a little bit again thanks for your time. Appreciate it thank you stay awesome music. .

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who is responsible for windows in a condo in florida-2

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