Over the past few years, we’ve seen an increase in legislation relating to community associations. That trend continues this year, with approximately eleven bills affecting community associations having been introduced when the 2019 legislative regular session convened on March 5th.
The following is a summary of the bills affecting homeowner and condominium associations that have been introduced and are currently working their way through committees:
SB 610 /HB 1259
Amends several provisions of F.S. §718.111, relating to condominium associations to:
- revise criminal penalties relating to unauthorized use of a debit card and acceptance of things of value or kickbacks by officers, directors or managers of the association;
- provide for criminal penalties for certain violations relating to inspection/production of association records; and
- provide for criminal penalties for fraudulent activities relating to association elections.
HB1075/ SB 1362
Amends F.S. §712.05 to provide for certain association documents to protect a community covenant or restriction from extinguishment.
Amends the provisions of F.S. Chapter 718 relating to condominium associations as follows:
- 718.110 – Revises the vote required to amend the declaration, bylaws or articles to allow for amendment upon a majority vote unless such documents otherwise provide for a lesser voting percentage.
- 718.111- Authorizes certain improvements to a unit or limited common element; provides for a period of time for certain records to be maintained; provides that certain records do not constitute official records of the association; and creates a prohibition against adoption of certain rules relating to inspection of records.
- 718.112- Revises the transfer costs that may be charged by an association and removes a provision prohibiting the association from employing or contracting for services with certain service providers.
- 718.116- Revises the time for enforcing a lien for unpaid assessments.
- 718.128 – Adds additional requirements for authorizing online voting.
- 718.303 – Revises the time in which a fine must be paid.
Amends F.S. §718.112 relating to condominium association fire and safety systems to revise requirements as to whom certificates of compliance may be accepted from; revising the requirements for retrofitting of units, common elements and association property; revising the requirements for votes to forego retrofitting and reporting of opt-out votes; and establishing dates for completion of retrofitting.
Contains amendments to F.S. §718.112 relating to condominium association fire and safety systems comparable to SB 1152, but proposes a different voting threshold for obtaining vote to opt-out of retrofitting and also provides for creation of a new statutory section requiring posting of signs or symbols on certain condominium buildings that have not installed fire sprinkler systems.
Mirrors SB 1732 with exception of the timeframe proposed for completion of retrofitting.
Amends F.S. §718.111 relating to condominium associations to extend the prohibition on purchase of a unit at a foreclosure sale resulting from the association’s foreclosure for unpaid assessments by board members, managers or management companies to include any business entity that is owned by a board member, manager or management company or in which one of such parties has an ownership interest.
HB 155/SB 1442
Proposes additional requirements to F.S. §720.303 relating to the vote necessary to recall/remove a member of the board of directors of a homeowners association.
Revises the quorum requirements for a meeting of the members of a homeowners association contained in F.S. §720.306
Amends F.S. §413.08 to provides for authority of housing provider to request written documentation regarding need for emotional support animal in circumstances where the reason for the need is not readily apparent; prescribes standards as to form of written documentation and who may prepare the documentation; creates penalties for falsification of written documentation or misrepresentation of need/use of emotion support animal.
We will continue to track the progress of these bills through the end of the regular session on May 3rd to determine which bills are passed through for presentation to the Governor and, ultimately, are approved and signed into law. Stay tuned!!
Photo Credit, Mark Goebel, Flickr