Senate Bill 1184 ER is a bill including legislative
reforms for different kinds of mandated properties, Condominiums, Homeowners'
Associations, Cooperatives and Community Development Districts.
For easier understanding it's posted by
issue:
Here
is the Bill Summary:
Senate 1184: Relating
to Condominium & Community Association
Condominium & Community Association;
provides immunity from liability for certain info. provided by associations
to prospective purchasers or lienholders under certain circumstances;
prohibits insurers from requiring associations to purchase medical
malpractice coverage as condition of issuing other coverage; creates
Condominium Ombudsman Office within Fla. Land Sales, Condominium
& Mobile Homes Div.; creates Advisory Council on Condominiums,
etc. Amends FS. EFFECTIVE DATE: 10/01/2004.
04/30/04 SENATE Ordered enrolled
READ HOW
IT ALL CAME TOGETHER:
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An act relating to condominium and community
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associations; amending s. 718.111, F.S.;
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providing immunity from liability for certain
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information provided by associations to
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prospective purchasers or lienholders under
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certain circumstances; amending s. 720.303,
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F.S.; requiring specific notice to be given to
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association members before certain assessments
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or rule changes may be considered at a meeting;
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amending s. 768.1325, F.S.; providing immunity
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from civil liability for community associations
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that provide automated defibrillator devices
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under certain circumstances; prohibiting
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insurers from requiring associations to
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purchase medical malpractice coverage as a
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condition of issuing other coverage;
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prohibiting insurers from excluding from
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coverage under a general liability policy
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damages resulting from the use of an automated
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external defibrillator device; amending ss.
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718.112
and 719.1055, F.S.; revising
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notification and voting procedures with respect
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to any vote to forego retrofitting of the
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common areas of condominiums and cooperatives
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with fire sprinkler systems; creating s.
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718.5011,
F.S.; creating the Office of the
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Condominium Ombudsman within the Division of
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Florida Land Sales, Condominiums, and Mobile
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Homes; directing the Governor to appoint the
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ombudsman; requiring the ombudsman to be an
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attorney; providing for the filling of a vacant
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ombudsman position; prohibiting the ombudsman
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and staff from engaging in any other
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profession, serving as a representative or
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employee of any political party, or receiving
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remuneration for activities on behalf of
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political candidates; prohibiting the ombudsman
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and staff from seeking public office unless
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resigned from the Office of the Condominium
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Ombudsman; providing requirements and
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limitations for office staff; creating s.
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718.5012,
F.S.; providing for powers and duties
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of the ombudsman; requiring the ombudsman to
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prepare and issue reports and make
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recommendations to specified persons; directing
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the ombudsman to be a liaison between certain
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parties, to monitor condominium elections, to
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assist unit owners and boards of directors, and
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to encourage voluntary resolutions to disputes
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before filing the matter as a formal complaint;
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creating s. 718.5014, F.S.; providing for the
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principal location of the ombudsman's office in
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Leon County; authorizing the ombudsman to
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establish branch offices elsewhere in the state
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under specified circumstances; amending s.
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718.503,
F.S.; requiring unit owners who are
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not developers to provide a specific question
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and answer disclosure document to certain
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prospective purchasers; creating s. 718.5015,
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F.S.; creating the Advisory Council on
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Condominiums; providing for appointments by the
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President of the Senate, the Speaker of
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House of Representatives, and the Governor;
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providing limited compensation and other terms
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of service; specifying functions; creating s.
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720.401, F.S.; providing legislative intent
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relating to the revival of governance of a
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community; creating s. 720.402, F.S.; providing
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eligibility to revive governance documents;
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specifying prerequisites to reviving governance
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documents; creating s. 720.403, F.S.; requiring
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the formation of an organizing committee;
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providing for membership; providing duties and
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responsibilities of the organizing committee;
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directing the organizing committee to prepare
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certain documents; providing for the contents
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of the documents; providing for a vote of the
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eligible parcel owners; creating s. 720.404,
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F.S.; directing the organizing committee to
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file certain documents with the Department of
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Community Affairs; specifies the content of the
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submission to the department; requiring the
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department to approve or disapprove the request
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to revive the governance documents within a
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specified time period; creating s. 720.405,
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F.S.; requiring the organizing committee to
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file and record certain documents within a
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specified time period; directing the organizing
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committee to give all affected parcel owners a
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copy of the documents filed and recorded;
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providing for judicial determination of the
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effects of revived covenants on parcels;
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providing for effects of such a judicial
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determination; amending ss. 720.301 and
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720.302, F.S.; conforming provisions to changes
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made by the act; providing definitions;
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redefining the term "member"; prescribing a
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legislative purpose of providing alternative
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dispute resolution procedures for disputes
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involving elections and recalls; amending s.
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720.303, F.S.; prescribing the right of an
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association to enforce deed restrictions;
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prescribing rights of members and parcel owners
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to attend and address association board
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meetings and to have items placed on an agenda;
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prescribing additional requirements for notice
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of meetings; providing for additional materials
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to be maintained as records; providing
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additional requirements and limitations with
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respect to inspecting and copying records;
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providing requirements with respect to
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financial statements; providing procedures for
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recall of directors; amending s. 720.304, F.S.;
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prescribing owners' rights with respect to flag
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display; prohibiting certain lawsuits against
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parcel owners; providing penalties; allowing a
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parcel owner to construct a ramp for a parcel
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resident who has a medical need for a ramp;
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providing conditions; allowing the display of a
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security-services sign; amending s. 720.305,
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F.S.; providing that a fine by an association
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cannot become a lien against a parcel;
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providing for attorney's fees in actions to
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recover fines; creating s. 720.3055, F.S.;
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prescribing requirements for contracts for
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products and services; amending s. 720.306,
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F.S.; providing for notice of and right to
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speak at member meetings; requiring election
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disputes between a member and an association to
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be submitted to mandatory binding arbitration;
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amending s. 720.311, F.S.; expanding
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requirements and guidelines with respect to
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alternative dispute resolution; providing
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requirements for mediation and arbitration;
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providing for training and education programs;
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amending s. 718.110, F.S.; restricting the
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application of certain amendments restricting
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owners' rental rights; transferring,
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renumbering, and amending s. 689.26, F.S.;
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modifying the disclosure form that a
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prospective purchaser must receive before a
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contract for sale; providing that certain
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contracts are voidable for a specified period;
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requiring that a purchaser provide written
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notice of cancellation; transferring and
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renumbering s. 689.265, F.S., relating to
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required financial reports of certain
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residential subdivision developers; amending s.
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498.025,
F.S., relating to the disposition of
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subdivided lands; conforming cross-references;
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creating s. 720.602, F.S.; providing remedies
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for publication of false and misleading
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information; amending s. 34.01, F.S.; providing
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jurisdiction of disputes involving homeowners'
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associations; amending ss. 316.00825, 558.002,
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F.S.; conforming cross-references; providing
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for internal organization of ch. 720, F.S.;
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amending s. 190.012, F.S.; providing for the
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enforcement of deed restrictions in certain
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circumstances; amending s. 190.046, F.S.;
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providing for additional dissolution
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procedures; amending s. 190.006, F.S.;
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specifying procedures for selecting a chair at
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the initial landowners' meeting; specifying
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requirements for proxy voting; requiring notice
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of landowners' elections; specifying the terms
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of certain supervisors; providing for
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nonpartisan elections; specifying the time that
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resident supervisors assume office; authorizing
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the supervisor of elections to designate seat
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numbers for resident supervisors of the board;
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providing procedures for filing qualifying
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papers; allowing candidates the option of
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paying a filing fee to qualify for the
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election; specifying payment requirements;
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specifying the number of petition signatures
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required to qualify for the election; requiring
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the county canvassing board to certify the
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results of resident elections; amending s.
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718.5012,
F.S., as created by this act;
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providing for establishment of election
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monitors; providing for severability; providing
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an effective date.
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