LET US KNOW WHAT YOU WANT
State Representative Julio Robaina and Senator Alex
Villalobos have proven to be an excellent team that succeeded this year in
having the Florida Legislature approve the highly praised condo
bill H995 that was signed
into law by Governor Charlie Crist on May 1, 2008.
The same team will work on a comprehensive HOA Reform Bill for the legislative session 2009. But your input is needed! Please participate in this survey and help to make this project work.
Florida Statutes 720 and the AARP Bill of Homeowners' Rights will be used as a foundation to create a HOA Reform Bill that will hopefully solve many of the problems association members experience on a daily basis.
But instead of trying to reinvent the wheel, we will try to use many provisions that are already working nicely. Many of the provisions that are working for condominium associations will as well work for homeowners' associations -- with a little rewording. For these provisions, case law and guiding arbitration rulings are already in place and will simplify the resolution of possible conflicts. Just to name a few examples: Board meetings, eligibility, terms and elections of board members
~~~For a detailed explanation, please click on * after each question in the survey.~~~
We want to hear from all parties with a vested interest and hope to receive lots of answers and comments. Make sure you note your reform priority! No matter if you are a board member or an owner, we want to hear from all of you.
This survey is an effort to gather and compile information based upon your answers to the questions below. Some data needed to design a statistically precise sample is not yet available. Thank you for your input.
This survey will help to create a reform bill for homeowners' associations that will have as much support from all different interest groups as the condo bill H 995 this year. Please help by completing this survey! If we all work together, we will be able to create an excellent HOA Reform Bill.
NOTE: PLEASE DON'T SEND ANONYMOUS RESPONSES. YOU CAN BE SURE THAT YOUR PERSONAL INFORMATION WILL NEVER BE PUBLISHED. IN ORDER TO CREATE A CREDIBLE SURVEY WE REALLY NEED A MINIMUM OF PERSONAL INFORMATION IMPORTANT FOR THE SURVEY! JUST FILLING IN THE ANSWERS WILL DO NOBODY ANY GOOD!
ANONYMOUS RESPONSES WILL NOT BE CONSIDERED!
* * Maximum of
300 characters DATE:
* * Maximum of 300 characters
NOTE: All private information contained in the survey submitted will be absolutely confidential. The requested personal information is necessary to create a credible survey. Everyone who participates will receive updates about the progress of the survey and the final results and evaluation of the responses.
ARE YOU WILLING TO PAY $4 ANNUALLY FOR A REGULATORY AGENCY?
associations are not regulated in
The regulatory agency should have these duties and powers: To enforce and ensure compliance with the provisions of these statutes and rules promulgated pursuant hereto relating to the development, construction, sale, lease, ownership, operation, and management of residential property; To conduct inquiries and investigations upon complaints; To subpoena documents and witnesses; To issue orders to cease and desist; To bring action for declaratory relief, injunctive relief, or restitution; To impose civil penalties; To adopt rules to implement and enforce the provisions of the statutes; To issue declaratory statements; To conduct mediation and voluntary and mandatory arbitration; To provide training programs for residential association board members and lot owners; To provide information and education materials on request.
|2* CREATE HOA OMBUDSMANS OFFICE: For HOAs using language from the Condo Act Act [FS 718.5011 - 5014]: Act as liaison between all affected parties; Provide resources, information and education for board members and homeowners; Providing election monitor service if petitioned; Resolving disputes not within the jurisdiction of the Division.|
|3* HOA ELECTION REFORM USING CONDO RULES (FS 718) AS A MODEL: Prohibits opt-out of Election Process; Determines location of annual meeting; Certification form for candidates; Election process as described in FS 718.112(2d); Requires several election notices; Voting by written ballot; Petitioning for election monitor.|
|4* ACCOUNTABILITY OF DIRECTORS: Removal from office of director or officer charged with a felony theft or embezzlement offense involving association funds or property; Liability for monetary damages if in violation of criminal law or a derived personal benefit or an act or omission in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; gives regulatory agency power to levy civil penalty and/or removal from board for willfully and knowingly violating a provision of the statutes; allows to levy civil penalties against person who knowingly or intentionally defaces, destroys, or fails to create or maintain accounting records; Obligation to cooperate with investigation.|
|5* ELIGIBILITY + TERMS OF SERVICE OF BOARD MEMBERS: A board member has to be a deeded owner of the association; Terms of all board members expire at annual meeting, 2-year staggered terms if so allowed by bylaws; Prohibits any owner suspended or removed by Division or any owner delinquent in payment of fees or assessments to serve on the board of directors; Prohibits co-owners of a property from serving on any board at the same time in an association of greater than 10 units; Prohibits paid manager or employee of the association to serve on the board of directors; Owner convicted of felony with civil rights not restored for less than five years is not eligible for board membership [FS 718.112(2)(d)1.].|
|6* PROHIBIT SALARY OR COMPENSATION OF DIRECTORS: A director, officer, or committee member of the association may not receive directly or indirectly any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association.|
|7* EDUCATION + TRAINING REQUIREMENT FOR BOARD MEMBERS AND HOMEOWNERS: Requires certification form for candidates for board of directors; Requires the regulatory agency to provide training and educational programs for homeowners' association board members and homeowners; Training may include web-based electronic media, and live training and seminars in various locations throughout the state.|
|8* RECORD REQUESTS + ENFORCEMENT: Clarifying provisions for record requests; Owner can bring own copying devices; No mandatory mediation; Subpoena Requirement for Requested Records (2 certified letters) by Division [FS 718.501(5)]|
| 9* SAFEGUARDS BEFORE LIEN AND FORECLOSURE FILINGS:
Changes to FS
720.3085(4) + (5);
Requiring notice by certified mail 45 days prior to filing lien before
turning delinquent account over to a third party for collection,
including attorneys and debt collection agencies; 15-day notice before action to foreclose the lien can be brought.
OWNERS RIGHT TO SPEAK AT BOARD
MEETINGS: FS 720.303(2)(b) Members
have the right to attend all meetings of the board
and to speak on
|11* RESTRICT LONG-TERM RENTALS IF NOT PERMITTED BY ORIG. DOCUMENTS: Renting the home is for many owners the last resort to avoid foreclosure; Investors and future retirees bought homes for purpose of renting these homes; If original deed restrictions allow rentals, governing documents can't be amended to disallow rentals; add FS 720.306(1)(c) An amendment restricting owners' rights relating to the rental of homes applies only to parcel owners who consent to the amendment and to parcel owners who purchase their parcels after the effective date of that amendment.|
|12* CREATE TIME RESTRAINTS ON CLOSING HURRICANE SHUTTERS: Prohibits associations from creating rules that restrict installation of hurricane shutters; Restricts rule-making of time-limits for closing approved shutters!|
|13* EXTENSIVE DEVELOPER REGULATION: No amendment of deed restrictions without vote of approval by owners; Change of percentage for turn-over requirements; Conveyance of title; Requirements for financial reports; Rights of use of common areas; Liability for failure to disclose material facts; Giving regulatory agency jurisdiction over developer controlled associations; Transfer of association control if developer files petition seeking protection in bankruptcy or if receiver is appointed and not discharged after 30 days.|
|14* REVITALIZATION CONTROL + ENFORCEMENT: Renew the outdated opt-out clause: Require written approval of 75% of all deeded owners; notice of revitalization by certified mail to the property owner's address; Changes to Section 720.405(6) + 720.407(4)|