On March 1, 2022, Chapter 17D of the Code of Miami-Dade County was created by an ordinance (“Ordinance”) passed by the Board of County Commissioners of Miami-Dade County, Florida. The new chapter, titled the “Miami-Dade County Ordinance for Registration of Community Associations”, applies to all residential condominiums, cooperatives, and homeowners’ associations (collectively, “Community Associations”) located in Miami-Dade County, Florida (“County”), both in incorporated and unincorporated areas regardless of municipal boundaries. Sec. 17D-1.

In summary, the three main parts to the Ordinance (i) require all Community Associations to register and provide certain information regarding administrative, financial, and structural matters; (ii) create a publicly accessible and searchable database of registration information to be maintained by the County on the County’s website by February 1, 2023; and (iii) provide for enforcement of the Community Association registration requirements such as punishment by fines for violations.

As for the registration requirement, the Ordinance provides that by February 1 of each year, all Community Associations are required to file a written registration with the Miami-Dade County Department of Regulatory and Economic Resources (“Department”) containing certain information and attachments. Sec. 17D-3(A). Fourteen subsections in the Ordinance list the information and attachments required to be filed with the Department by Community Associations under the Ordinance including:

• 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 third bullet point 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 applicable. 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 recertification 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. Sec. 17D-3(A)(1)-(14).

Under the Ordinance, after a Community Association files its initial registration, the Community Association will be required to file a renewal registration with the Department every 12 months reflecting any changes to the information and attachments. Sec. 17D-3(B). The initial and renewal registrations are required to be on forms designated by the Department and there will be a certain registration fee to be paid. Sec. 17D-3(C). According to a memorandum accompanying the Ordinance, “…the registration portal will be launched and available to receive submittals by January 1, 2023, in advance of the ordinance-established registration deadline of February 1, 2023….” Fiscal Impact Statement for Ordinance Creating Chapter 17D, at 3.

Readying the information and attachments required to be filed by a Community Association under the Ordinance may be time consuming. As such, Community Associations are encouraged to plan to be prepared to provide the above items in advance of the registration deadline.

Following the tragic collapse of the Champlain Tower South condominium in Surfside, Florida, new requirements are being discussed on local, state, and federal levels. In the last session, the Florida Legislature was considering proposed legislation to impose new requirements including in regard to structural recertifications of buildings and funding of reserves. The Ordinance here may be a glimpse of further requirements that may be imposed on condominiums, cooperatives, and homeowners’ associations in the future.

This is a summary of part of the Ordinance. The full text of the Ordinance may be found at this link.

Please contact Guala Law Firm for assistance. Our Contact page and contact information are at this link.