Bill Summary By
CCFJ Director for Legislative Affairs
Milena Macias, Esq.

 

SB 1154

  1. Pools.  This provision would amend section 514.0115, F.S. so that condominium, cooperative, and homeowners' associations, as well as other property associations, who have less than 32 units to be exempt from Department of Health regulations. Personally, I don’t think that’s such a good idea and we need to find out why this was proposed. This is the same language as HB 623.

  2. Insurance.   This provision relating to 718 F.S. would prohibit subrogation rights  against a condominium association under certain circumstances.    For example, if the association does not provide rights for subrogation against the unit owners, an insurance policy issued to an individual unit owner in the association may not provide rights of subrogation against the association.    This is a sensible idea – if the Association will not provide rights for subrogation against the unit owners, then the units should not be able to give the rights of subrogation to the Association. This is the same language as HB 623.

  3. Bids.    This provision will amend 718 F.S. and would require associations to keep bids for at least one year after the bid is received. This is one way of ensuring transparency in the Association.   This is the same language as HB 623.

  4. Records inspection requests.  This provision would amend 718 F.S. and allow unit owners to get copies of all official records – without the need to demonstrate any purpose or state any reason for the inspection. This is the same language as HB 623.

  5. Documents available on mobile website.    This provision would amend 718 F.S. and in addition to having condominium associations with more than 150 units maintain a website, this provision will allow documents to be made available and downloaded through a mobile website (such as a cell phone).  This is the same language as HB 623.

  6. Quorum.    This provision would amend 718 F.S. to allow board or committee members to participate in in meeting via telephone, real-time video conferencing, or similar real-time electronic or video communication and count toward aquorum, and such member may vote as if physically present.  In addition, this provision will allow revising the documents that constitute the official records of an association.  This is the same language as HB 623.

  7. Regulations. This provision will amend 718 F.S. so any bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. 384 II of the State Constitution and would be void and unenforceable without further action of the association. However, the provision states that the association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision, it would foolhardy for them to do so.   This has been overdue in our quest for achieving equal rights.  This is the same as HB 623.

  8. Term limits:   This provision will amend 718 F.S. and states that only board service that occurs on or after July 1, 2018, may be used when calculating a board member's term limit.    Finally, we can now be sure of what the term limits mean – board service after July 1, 2018 is the clock. This is the same as HB 623.

  9. Transfer fees.   This provision will amend 718 F.S. and will not allow an association to “make money” on applicant fees, except for actual costs of any background check or screening performed by the association.  This is the same as HB 623.

  10. Electric Vehicles.  This provision will amend 718 F.S. and revise regulations for electric vehicle charging stations so that owners can put in an electric vehicle charge station in their limited common area or exclusive parking spot and the board of administration of a condominium association may not prohibit a unit owner from installing an electric vehicle charging station for an electric vehicle, but the owner must pay for such electric.  This will be able to make condominium associations more green friendly, and avoid the cost to the Association for paying for the electric.   This is the same as HB 623.

  11. Fines.    This provision will amend 718 F.S.  and states that if a proposed fine or suspension levied by the board is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner the date of the committee meeting at which the fine is approved. This is will be beneficial because the notice must be given to the person being fined, rather than as it stands today, which is the date the committee meeting is approved. This is the same as HB 623.

  12. A cooperative unit is an interest in real property.    This provision will amend 719.103, F.S.; revising the definition of the term “unit” to specify that an interest in a cooperative unit is an interest in real property. This is the same as HB 623.

  13. Records inspection requests.    This provision would amend 719 F.S. and allow unit owners to get copies of all official records – without the need to demonstrate any purpose or state any reason for the inspection. This is the same language as HB 623.

  14. Quorum.    This provision would amend 719 F.S. to allow board or committee members to participate in in meeting via telephone, real-time video conferencing, or similar real-time electronic or video communication and count toward a quorum, and such member may vote as if physically present.  In addition, this provision will allow revising the documents that constitute the official records of an association.  This is the same language as HB 623.

  15. Regulations. This provision will amend 719 F.S. so any bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. 384 II of the State Constitution and would be void and unenforceable without further action of the association. However, the provision states that the association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision, it would foolhardy for them to do so.   This has been overdue in our quest for achieving equal rights.  This is the same as HB 623.

  16. Quorum.    This provision would amend 720 F.S. to allow board or committee members to participate in in meeting via telephone, real-time video conferencing, or similar real-time electronic or video communication and count toward a quorum, and such member may vote as if physically present.  In addition, this provision will allow revising the documents that constitute the official records of an association. This is the same language as HB 623.

  17. Fines.    This provision will amend 720 F.S.  and states that if a proposed fine or suspension levied by the board is approved by the committee, the fine payment is due 5 days after notice of the approved fine is provided to the parcel owner and, if applicable, to any occupant, licensee, or invitee of the parcel owner the date of the committee meeting at which the fine is approved. This is will be beneficial because the notice must be given to the person being fined, rather than as it stands today, which is the date the committee meeting is approved. This is the same as HB 623.

  18. Regulations. This provision will amend 720 F.S. so any bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. 384 II of the State Constitution and would be void and unenforceable without further action of the association. However, the provision states that the association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision, it would foolhardy for them to do so.   This has been overdue in our quest for achieving equal rights.  This is the same as HB 623.


ORIGINAL FILED VERSION OF SB 1154

 
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