By: Jonathan Zim and Carolina Sznajderman Sheir
In response to demands for increased safety measures and transparency in community associations in the wake of the horrifying Champlain Towers tragedy, the Miami-Dade Board of County Commissioners approved and created Chapter 17D of the Code of Miami-Dade County (the “Ordinance”) which requires that community associations, defined as condominium, cooperative and homeowners’ associations, that govern real property in Miami-Dade County file a written registration with the Department of Regulatory and Economic Resources. Community Associations must comply with these new registration requirements by February 1 of each year, beginning on February 1, 2023.
Community Associations must submit documentation regarding their administration (name, address, emergency contact, list of officers, website, corporate seal, governing documents, etc.), financial status (budget, audited financial statements), building maintenance (list of planned capital projects, structural engineering reports, etc.), and certificates of insurance.
Miami-Dade County will create and maintain a searchable database containing the registration information and attachments of each community association registered with the County which the public may access the information submitted by any registered Community Association.
The implementation of the proposed ordinance was enacted in an effort to provide transparency to Miami-Dade County residents interested in understanding the composition, financial status, and condition of buildings associated with any particular Community Association by making information more accessible. Miami-Dade County anticipates that through increased access to this information by existing and prospective residents, better decisions can be made regarding the management and maintenance of multi-unit residential structures, thus promoting public well-being and safety.
Specifically, pursuant to Section 17D-3(A), by February 1 of each year, all Community Associations shall file a written registration containing the following in formation and attachments:
- The name of the community association, which shall include the name registered with the Florida Division of Corporations in addition to any fictitious names that the community association utilizes.
- The business address and the legal description of each residence owned, operated, or governed by the community association.
- The name and contact information for the property manager or other designated agent for the community association.
- The name and contact information for an emergency contact for the community association (cannot be the same individual identified in subsection (A)(3) above).
- A list of all officers and directors of the community association with contact information.
- A link to the community association’s website, if any.
- An impression of the corporate seal of the community association, if any.
- A legible copy of the community association’s governing documents and any amendments thereto, including the declaration, articles of incorporation, bylaws, rules, regulations, and resolutions.
- A list of the community association’s planned capital projects, if any, from the date of registration through February 1 of the following year.
- A copy of the community association’s most recent set of compiled, reviewed, or audited financial statements, as appliable. Any monthly association fees, and any applicable current or approved special assessments, must be specifically outlined.
- A copy of the community association’s most recent adopted annual budget.
- The location where all building permits for work in common areas shall be posted during construction.
- All reports issued within the last 10 years on the structural status of each of the properties within the County owned, operated, or governed by the community association, including any required re-certification reports, if applicable.
- A Certificate of Insurance listing all of the community association’s current insurance policies, issuing companies, policy numbers, coverage limits, and effective dates.Community Associations must submit their initial registration online via the Miami-Dade County Department of Regulatory and Economic Resources Plan Status & Application Submittal Portal (EPS). Registrations may only be submitted online thru the EPS: https://wwwx.miamidade.gov/Apps/RER/EPSPortal/PlanReview/CRApplications/Landing. After the filing of the initial registration, associations shall be required to file a renewal registration every twelve (12) months reflecting any changes to the information and attachments required.For Associations with 25 or fewer units/parcels, the initial and annual renewal fee registration fee is $50.00. For Associations wit more than 25 units/parcels, the Association Registration Fee is $50.00 plus a Per Unit/Parcel Registration Fee of $1.50.Failure to comply with the Ordinance will subject the Community Association to penalties under Chapter 8CC, Sections (1)–(5), for failing to register that may ultimately be the responsibility of the owners/residents of the Community Association. Said penalties may include fines and/or violations, which may ultimately subject the Community Association to possible code enforcement proceedings.It is critical that your association review these changes and take the necessary steps to achieve compliance. Should you have any questions or concerns with respect compliance with the new registration requirements, please do not hesitate to reach out to one of our attorneys and we will be happy to assist you.
~The Eisinger Law Team
