HOMEOWNERS' ASSOCIATION TASK FORCE

Agenda for January 9, 2004
St. Johns County Administration Center
Meeting Room A
4020 Lewis Speedway
St. Augustine, Florida 32084

Mission Statement: The Homeowners’ Association Task Force, a cross-section of
representatives involved with homeowners’ associations, was created at the
Governor’s request to harmonize and improve relations between homeowners,
homeowners’ associations and other related entities. The members will provide input
and make recommendations for legislative change consistent with his vision for
government and regulation. 
 

9:00 - 9.15 PM
I. Call To Order, William Sklar, Co-Chair

II. Roll Call, Staff

III. Approval of the Minutes
 
9:15 - 12:30 PM
IV. Issues for the Day

1. Alternative Dispute ResolutionWhether organized arbitration and mediation
mechanisms should be established to hear a limited range of disputes, such as covenant
enforcement, recalls, meeting, voting, amendments to documents, and other optional forums
to settle disputes, while reserving a homeowner's right to legal recourse, in chapter 720, and
all other mechanisms, in form and function, based upon the task force's review of a
comparative comprehensive analysis and proposals of alternative means of alternative dispute
resolution systems, presented by department staff and Member Robert Jones. Recall
disputes will be included.

2. Purchaser ProtectionWhether additional warranty protections should be
provided for homeowners’ associations on individual homes and lot improvements by
the developer/builder.
 

12:30 PM – 1:30 PM
    Lunch Break
 
1:30 PM – 4:00 PM

3. Disclosure – Florida Association of Realtors representative to give update. Whether
providing a conspicuous disclosure regarding a developer’s long-term control of an
association or association property at the time of purchase would resolve many of the issues
and disputes arising from the absence of a time limit for developer transition being imposed
under section 720.307, Florida Statutes (2002). Compare 718.301, Florida Statutes, which
imposes a seven year limit on association control.

4. Regulation of HOA’s – Whether homeowner associations should be subject to
government regulation. See section 720.302(2), Florida Statutes, in which the legislature
expressly "recognizes that it is not in the interest of homeowners' associations or the individual
association members thereof to create or impose a bureau or other agency of state
government to regulate the affairs of homeowners' associations.

5. Liens and Foreclosures - Whether association lien rights on homeowner property
should be limited to nonpayment of assessments.

6. Inspection of Records -Whether section 720.303(4), Florida Statutes, be
amended to: expand the definition of "official records" to include all written records except
those exempted; and provide guidelines for copying and inspection.

7. Fiscal Responsibility - Whether amendments to chapter 720, Florida Statutes,
be adopted to require competitive bidding and the imposition of criminal penalties for director
self-dealing. Compare section 718.3026, Florida Statutes.

8. Timely and Accurate Financial Information – whether to amend section
720.303(7) Florida Statutes, to require a minimum level of financial reporting based on
association annual income; to require reports to be performed in accordance with Community
Interest Realty Association guidelines; to permit homeowners to waive or raise the level of
reporting required; and to require the board to call a meeting to change the reporting level if
10% of homeowners petition for a meeting. Compare section 718.111(13), Florida Statutes
(2003).

9. Strategic Lawsuits Against Public Participation (SLAPPS) – Task Force
Member Karen Gottlieb

VI. Review of draft legislation

VII. Public comment (time permitting)

VIII. Announcements

IX. Adjournment, William Sklar, Co-Chair