HB 689

1. Monetary obligation removed and replaced with assessment/delinquencies: Basically, this bill would amend s. 718.112, F.S. which provides that a person who has been suspended or is delinquent in the payment of any monetary obligation may not be eligible for membership on condominium boards. The proposed language states that a person is delinquent if payment is not made as of the due date identified in the declaration of condominium, bylaws, or articles of incorporation. If a due date is not specified, this provision states that the due date is the first day of the monthly or quarterly assessment period. This is the same language in SB 912. By removing the word “monetary obligation” and replacing with “assessment,” shows that “fines” and other monetary obligations (i.e., late fees) (whether justified or not) which are being imposed upon persons would not be counted against a unit owner who wants to run for the board. While on the one hand, this seems fair (because who wants someone on the board who doesn’t pay their bills), the opposite can also hold true: it may be that the fines were unfair and/or unjust, or that late fees were erroneously put onto an owner’s account, and this would deprive the owner of being eligible for being a candidate on the board.

2. Annual Budget to be provided at least 30 days in advance to owners: Another important provision introduced in HB 689 is to require that an annual budget be proposed to unit owners and adopted by the board before a specified time so that the annual budget must be proposed to unit owners and adopted by the board of directors. This proposal makes sense – unit owners should have the benefit of knowing what their assessments will be in advance, not just thrust upon them. This is the same language as SB 912.

3. Giving the DBPR authority to submit complaints against an Association. Another provision of this bill would be to amend s. 718.5014, F.S.; authorizing the Division of Florida Condominiums, Timeshares, and Mobile Homes to adopt rules regarding the submission of complaints against a condominium association. However, this provision really doesn’t have any teeth that will help unit owners but it’s a good try. This is the same language as SB 912.

4. Ombudsman location so that it is more convenient to owners. HB 689 also wants to amend Section 718.5014, Florida Statutes, to remove the principal place of the Ombudsman from Leon County to a place convenient to the offices of the division which will enable the ombudsman to expeditiously carry out the duties and functions of his or her office. This will allow the Ombudsman to be more flexible to the unit owners in various counties. This is the same language as SB 912.

ORIGINAL FILED VERSION OF HB 689