1. Acceptance of Terms
By accessing or using the website located at bonavidacondo.com (the "Website"), including the Owner Portal, you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you must immediately discontinue use of this Website.
These Terms apply to all visitors, registered users, unit owners, residents, and any person accessing the Website or Owner Portal in any capacity.
2. Website Operation
This Website is owned and operated by Bonavida Condominium Association (the "Association"). The Website was designed and built on behalf of the Association by a third-party technology service provider. In recognition of that contribution, the service provider's branding is displayed in the Website footer.
All responsibility for the content, operation, management, and legal compliance of this Website rests solely with Bonavida Condominium Association. The Association's technology service providers, vendors, contractors, and affiliates involved in the creation or maintenance of this Website act solely as service providers to the Association and bear no independent liability to any unit owner, resident, or visitor.
3. Website Creator — Branding Acknowledgment
Bonavida Condominium Association voluntarily acknowledges the contribution of its technology service provider by displaying that provider's logo and branding in the footer of this Website. This display is a courtesy recognition only and does not create, imply, or establish any contractual relationship, warranty obligation, liability, or legal duty on the part of that service provider toward any unit owner, resident, tenant, or visitor of this Website.
Any and all claims, disputes, legal actions, or concerns arising from the use of this Website must be directed solely to Bonavida Condominium Association. No claim of any kind may be brought against the Association's vendors, contractors, technology providers, or service providers in connection with this Website.
4. Owner Portal Access
The Owner Portal is provided as a convenience platform to facilitate unit owners' access to association records and communications. Where applicable, unit owners' rights to inspect and copy association records are governed by Florida Statute §718.111(12) and the Association's governing documents — not by the availability or functionality of this Website.
Statutory records requests must be submitted in writing to the Association as required by Florida law. The availability of documents on this Website does not constitute the Association's complete compliance with any formal records request obligation, nor does any technical issue, outage, or change to this Website affect an owner's underlying statutory rights.
While owners in good standing have a right to access association records under Florida law, access to this specific online platform and portal credentials are subject to identity verification and approval by Association management. The Association reserves the right to suspend portal access for any user who:
- Shares, transfers, or allows unauthorized use of their login credentials
- Attempts to access records or areas of the portal beyond their authorized scope
- Uses the portal for any unlawful, harassing, or disruptive purpose
- Is no longer a unit owner in good standing as determined under the governing documents
Suspension of portal access for the above reasons does not affect an owner's right to request records through the Association's standard written request process under Florida Statute §718.111(12).
5. Accuracy of Information
All content on this Website is provided for general informational purposes only and may not be current, complete, or accurate:
- Documents are provided as-is and may not reflect recent amendments or Board resolutions
- Financial information is managed by Accountsult LLC, the Association's accounting firm; discrepancies must be reported directly to Accountsult at (954) 739-0310
- Meeting notices are supplemental only and do not replace statutory notice requirements under Florida Statute §718.112
- Nothing on this Website constitutes legal, financial, accounting, or professional advice of any kind
- Unit owners should not rely solely on this Website for any legal, financial, or compliance decision
6. Limitation of Liability
- Technical errors, software bugs, system failures, outages, or service interruptions of any duration
- Loss, corruption, or unauthorized access to personal or association data
- Any content, document, notice, or communication published through this Website
- Decisions or actions taken by any person in reliance on information from this Website
- Failure or unavailability of any third-party service, including the Accountsult payment platform
- Interruption, suspension, or permanent discontinuation of the Website or Owner Portal
- Any claim arising from the Association's governance, finances, maintenance, or operations
- Acts or omissions of any vendor, contractor, or service provider engaged by the Association
Unit owners and residents expressly agree that their sole recourse for any association-related grievance is through the Association's established dispute resolution process and applicable Florida law — not through claims against this Website, its technology, or any party involved in its creation or operation.
7. Disclaimer of Warranties
THIS WEBSITE, INCLUDING ALL CONTENT, DOCUMENTS, PORTAL FEATURES, AND SERVICES, IS PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR FITNESS FOR ANY PURPOSE. THE ASSOCIATION DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
8. Indemnification
By using this Website, you agree to indemnify, defend, and hold harmless Bonavida Condominium Association and all of its officers, directors, employees, agents, management company, vendors, contractors, technology service providers, and any other party involved in the creation, production, operation, or management of this Website, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of or inability to use this Website or Owner Portal
- Your violation of these Terms of Use
- Any misrepresentation made in connection with your portal registration or use
- Any unauthorized or improper use of your portal credentials
- Any claim that your actions on this Website caused damage to any third party
9. Mandatory Dispute Resolution
Any dispute, claim, or controversy arising from or related to this Website, the Owner Portal, or these Terms must first be submitted to non-binding mediation in Miami-Dade County, Florida before any lawsuit may be filed. The party initiating the dispute shall bear the initial cost of mediation.
Class action lawsuits and class-wide arbitration are expressly waived. All disputes must be brought solely on an individual basis. No unit owner may join or consolidate claims with those of any other person.
Any legal action filed in violation of these pre-suit requirements shall be subject to immediate dismissal, and the filing party shall be liable for all attorneys' fees and costs incurred by the Association in seeking such dismissal.
10. Attorneys' Fees
In any legal proceeding arising from these Terms or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party. Claims brought without a reasonable legal basis or in bad faith entitle the Association to full attorneys' fees regardless of the final outcome.
11. Force Majeure
The Association shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including server failures, internet outages, cyberattacks, natural disasters, power failures, acts of God, or government actions.
12. Intellectual Property
Association documents and official records are the property of Bonavida Condominium Association. The Website's design, technology, and visual identity are proprietary to their respective creators. Unauthorized reproduction or commercial use of any Website content is prohibited without prior written consent.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida. Any dispute not resolved through mediation shall be subject to the exclusive jurisdiction of the state and federal courts of Miami-Dade County, Florida.
14. Severability
If any provision of these Terms is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force.
15. Modifications
The Association reserves the right to modify these Terms at any time. Continued use of the Website after any changes constitutes acceptance of the revised Terms.
16. Contact
For questions regarding these Terms, contact:
Bonavida Condominium Association
20100 W. Country Club Drive, Aventura, FL 33180
manager@bonavidacondo.com | (305) 935-1319