What Is the Miami-Dade Association Registry, and How Does It Affect My Association?

By Ana Sanchez Rivero / Published March 2023

Since the Surfside tragedy there has been increased scrutiny of the operating procedures within associations. The structural failure at the root of the disaster, caused due to neglected infrastructure, faulty alarm systems, and, most importantly, a lack of money in the association’s funds to cover the necessary repairs, has created a perceived need for oversight.

    As a result many new laws and regulations have been enacted, not only to address the inspection of structural elements but also regarding association management and budgeting. The State of Florida House unanimously passed a bill requiring statewide recertification of any condominium building above three stories. Recertification after 25 or 30 years and then every 10 years thereafter is now mandatory.

     Miami-Dade County went one step further, enacting its own oversight and transparency requirements on the associations. In 2020, before the Champlain Towers were synonymous with tragedy, Hallandale Beach (just north of Miami-Dade County) created a registry of associations. Miami-Dade, with some edits, has essentially followed that model, pulling every association closer to transparency than ever before.

The Miami-Dade Association Registry

     All condominium and homeowners’ associations in both the incorporated and unincorporated areas, without regard to municipal boundaries, must register on an annual basis. This is a time-sensitive matter, as all initial registrations were due February 1st, 2023. Annual refiling will be due on the same day in subsequent years. This written registration must be filed with the Department of Regulatory and Economic Resources. There is a cost associated with these registrations. The fee is currently $50 for communities with 25 or fewer units, plus $1.50 for each additional unit above 25.

What Is the Purpose?

      The registry is a big undertaking, both for the county and the associations within. But the county feels it is important and potentially effective enough to warrant the investment. The registry provides a level of transparency that previously did not exist. While a majority of the documents filed were available to homeowners or condominium owners within the community, they were not easily accessible to those outside the community. 

     The searchable database being created will create a single directory for every single association within the county.Information regarding the composition, financial status, and condition of buildings in any community association will now be public. The goal is to give potential and current residents the information needed to make good decisions regarding the maintenance and management of buildings within their current or prospective associations.

Registration Requirements

      Associations and their management companies have typically maintained copies of records of meeting minutes, budgets, financial statements, contracts, insurance policies, rules and regulations, and other important information. Management companies may also have records of maintenance requests, work orders, work schedules, and other documents related to the property. Compiling the information required listed below, while tedious work, should simply be a collection process.

     Specifically, pursuant to  Section 17D-3(A), by February 1 of each year, all Community Associations shall file a written registration containing the following information and attachments:

1. 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.
2. The business address and the legal description of each residence owned, operated, or governed by the community association.
3. The name and contact information for the property manager or other designated agent for the community association.
4. The name and contact information for an emergency contact for the community association (cannot be the same individual identified in subsection (A)(3) above).
5. A list of all officers and directors of the community association with contact information.
6. A link to the community association’s website, if any.
7. An impression of the corporate seal of the community association, if any.
8. 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.
9. A list of the community association’s planned capital projects, if any, from the date of registration through February 1 of the following year.
10. 10.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.
11. A copy of the community association’s most recent adopted annual budget.
12. The location where all building permits for work in common areas shall be posted during construction.
13. 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.
14. A Certificate of Insurance listing all of the community association’s current insurance policies, issuing companies, policy numbers, coverage limits, and effective dates

     While the community association is required to make sure the registry is complete, the task does not need to fall to the board to complete. The condominium or homeowners’ association may designate another party to complete the task, whether that be a management company or another agent, like a lawyer or legal counsel. These support staff may be designated to fulfill the communication obligations under the ordinance,

After Registration

     Once the registration documents are submitted, the County will only be held responsible for ensuring compliance with the minimum submittal requirements set forth in the Registration of Community Associations Ordinance. The registry simply acts as a transparent, searchable database, not something the county monitors.

     Each year, renewal registrations must be submitted through the Department of Regulatory and Economic Resources, and fees need to be paid. The list of documents for a renewal is a bit thinner than the original list, but if your association or property undergoes major changes, it may be a large update. The steps to renew are as follows:

• Submit copies of the required documents listed above under Regulations and Compliance that have changed since the last registration.
• Ensure electronic copies of required documents are saved in PDF format (you will not be able to upload your supporting documents in any other format.)
• Submit only one renewal registration application per community association.
• Pay fees: $50 for communities with 25 or fewer units. If your community exceeds 25 units, it’s $50 plus $1.50 for each additional unit.

How Does This Affect Your Association?

     If your association is located in Miami-Dade County, you are already acutely aware of how this affects you, but even if you live in one of the other 66 counties in Florida, the process warrants an evaluation. If your community was subject to this type of transparency, would it be problematic? Do you have the documents ready, organized, and accessible? The goal of the Miami-Dade Registry is to hold community associations within Miami-Dade County to a higher standard than the rest of the state. Why wouldn’t you want your association to hold to that same standard?

Ana Sanchez Rivero

President and Business Development Coordinator, Allied Property Group

     As president and business development coordinator, Ana Sanchez Rivero upholds Allied Property Group’s commitment to understanding the challenges faced by associations. She has been managing communities for more than 30 years. Her experience and knowledge make her one of the most well-informed individuals in property management. She hosts the podcast Community Association Matters, dedicated to educating association board members with the latest information in property management. She was recently named as a court-appointed receiver, and she has also received the Certified Property Manager (CPM) designation from IREM (International Real Estate Management). For more information about Allied Property Group, visit www.alliedpropertygroup.net.