| HB
2984
ENROLLED VERSION |
|
S2984
GENERAL BILL/CS/CS/2ND ENG by Comprehensive Planning; Regulated 1 2 An act relating to condominium and community 3 associations; amending s. 718.110, F.S.; 4 providing for the applicability of amendments 5 restricting certain rights of unit owners; 6 amending s. 718.111, F.S.; providing immunity 7 from liability for certain information provided 8 by associations to prospective purchasers or 9 lienholders under certain circumstances; 10 amending s. 768.1325, F.S.; providing immunity 11 from civil liability for community associations 12 that provide automated defibrillator devices 13 under certain circumstances; prohibiting 14 insurers from requiring associations to 15 purchase medical malpractice coverage as a 16 condition of issuing other coverage; 17 prohibiting insurers from excluding from 18 coverage under a general liability policy 19 damages resulting from the use of an automated 20 external defibrillator device; amending ss. 21 718.112 and 719.1055, F.S.; revising 22 notification and voting procedures with respect 23 to any vote to forego retrofitting of the 24 common areas of condominiums and cooperatives 25 with fire sprinkler systems; amending s. 26 718.503, F.S.; requiring unit owners who are 27 not developers to provide a specific question 28 and answer disclosure document to certain 29 prospective purchasers; creating s. 720.403, 30 F.S.; providing legislative intent relating to 31 the revival of governance of a community; Page 1 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed 1 creating s. 720.404, F.S.; providing 2 eligibility to revive governance documents; 3 specifying prerequisites to reviving governance 4 documents; creating s. 720.405, F.S.; requiring 5 the formation of an organizing committee; 6 providing for membership; providing duties and 7 responsibilities of the organizing committee; 8 directing the organizing committee to prepare 9 certain documents; providing for the contents 10 of the documents; providing for a vote of the 11 eligible parcel owners; creating s. 720.406, 12 F.S.; directing the organizing committee to 13 file certain documents with the Department of 14 Community Affairs; specifies the content of the 15 submission to the department; requiring the 16 department to approve or disapprove the request 17 to revive the governance documents within a 18 specified time period; creating s. 720.407, 19 F.S.; requiring the organizing committee to 20 file and record certain documents within a 21 specified time period; directing the organizing 22 committee to give all affected parcel owners a 23 copy of the documents filed and recorded; 24 providing for judicial determination of the 25 effects of revived covenants on parcels; 26 providing for effects of such a judicial 27 determination; amending s. 718.103, F.S.; 28 providing that certain governmental entities 29 are not developers for certain purposes; 30 amending s. 720.301, F.S.; defining the terms 31 "department," "division," and "member"; Page 2 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 amending s. 720.302, F.S.; prescribing a 2 legislative purpose of providing alternative 3 dispute resolution procedures for disputes 4 involving elections and recalls; providing acts 5 that constitute crimes; providing penalties; 6 amending s. 720.303, F.S.; prescribing the 7 right of an association to enforce deed 8 restrictions; prescribing rights of members and 9 parcel owners to attend and address association 10 board meetings and to have items placed on an 11 agenda; prescribing additional requirements for 12 notice of meetings; providing for additional 13 materials to be maintained as records; 14 providing additional requirements and 15 limitations with respect to inspecting and 16 copying records; providing requirements with 17 respect to financial statements; providing 18 procedures for recall of directors; amending s. 19 720.304, F.S.; prescribing owners' rights with 20 respect to flag display; prohibiting certain 21 lawsuits against parcel owners; providing 22 penalties; allowing a parcel owner to construct 23 a ramp for a parcel resident who has a medical 24 need for a ramp; providing conditions; allowing 25 the display of a security-services sign; 26 amending s. 720.305, F.S.; providing that a 27 fine by an association cannot become a lien 28 against a parcel; providing for attorney's fees 29 in actions to recover fines; creating s. 30 720.3055, F.S.; prescribing requirements for 31 contracts for products and services; amending Page 3
ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 s. 720.306, F.S.; providing for notice of and 2 right to speak at member meetings; requiring 3 election disputes between a member and an 4 association to be submitted to mandatory 5 binding arbitration; amending s. 720.311, F.S.; 6 expanding requirements and guidelines with 7 respect to alternative dispute resolution; 8 providing requirements for mediation and 9 arbitration; providing for training and 10 education programs; transferring, renumbering, 11 and amending s. 689.26, F.S.; modifying the 12 disclosure form that a prospective purchaser 13 must receive before a contract for sale; 14 providing that certain contracts are voidable 15 for a specified period; requiring that a 16 purchaser provide written notice of 17 cancellation; transferring and renumbering s. 18 689.265, F.S., relating to required financial 19 reports of certain residential subdivision 20 developers; amending s. 498.025, F.S., relating 21 to the disposition of subdivided lands; 22 conforming cross-references; creating s. 23 720.402, F.S.; providing remedies for 24 publication of false and misleading 25 information; amending s. 34.01, F.S.; providing 26 jurisdiction of disputes involving homeowners' 27 associations; amending ss. 316.00825, 558.002, 28 F.S.; conforming cross-references; providing 29 for internal organization of ch. 720, F.S.; 30 providing for severability; amending s. 31 190.012, F.S.; providing for the enforcement of Page 4
ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 deed restrictions in certain circumstances; 2 amending s. 190.046, F.S.; providing for 3 additional dissolution procedures; amending s. 4 190.006, F.S.; specifying procedures for 5 selecting a chair at the initial landowners' 6 meeting; specifying requirements for proxy 7 voting; requiring notice of landowners' 8 elections; specifying the terms of certain 9 supervisors; providing for nonpartisan 10 elections; specifying the time that resident 11 supervisors assume office; authorizing the 12 supervisor of elections to designate seat 13 numbers for resident supervisors of the board; 14 providing procedures for filing qualifying 15 papers; allowing candidates the option of 16 paying a filing fee to qualify for the 17 election; specifying payment requirements; 18 specifying the number of petition signatures 19 required to qualify for the election; requiring 20 the county canvassing board to certify the 21 results of resident elections; providing 22 effective dates. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (13) is added to section 27 718.110, Florida Statutes, to read: 28 718.110 Amendment of declaration; correction of error 29 or omission in declaration by circuit court.-- 30 (13) Any amendment restricting unit owners' rights 31 relating to the rental of units applies only to unit owners Page 5 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 who consent to the amendment and unit owners who purchase 2 their units after the effective date of that amendment. 3 Section 2. Paragraph (e) of subsection (12) of section 4 718.111, Florida Statutes, is amended to read: 5 718.111 The association.-- 6 (12) OFFICIAL RECORDS.-- 7 (e)1. The association or its authorized agent is shall 8 not be required to provide a prospective purchaser or 9 lienholder with information about the condominium or the 10 association other than information or documents required by 11 this chapter to be made available or disclosed. The 12 association or its authorized agent may shall be entitled to 13 charge a reasonable fee to the prospective purchaser, 14 lienholder, or the current unit owner for its time in 15 providing good faith responses to requests for information by 16 or on behalf of a prospective purchaser or lienholder, other 17 than that required by law, if the provided that such fee does 18 shall not exceed $150 plus the reasonable cost of photocopying 19 and any attorney's fees incurred by the association in 20 connection with the association's response. 21 2. An association and its authorized agent are not 22 liable for providing such information in good faith pursuant 23 to a written request if the person providing the information 24 includes a written statement in substantially the following 25 form: "The responses herein are made in good faith and to the 26 best of my ability as to their accuracy." 27 Section 3. Subsection (3) of section 768.1325, Florida 28 Statutes, is amended, and subsection (6) is added to that 29 section, to read: 30 768.1325 Cardiac Arrest Survival Act; immunity from 31 civil liability.-- Page 6
ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 (3) Notwithstanding any other provision of law to the 2 contrary, and except as provided in subsection (4), any person 3 who uses or attempts to use an automated external 4 defibrillator device on a victim of a perceived medical 5 emergency, without objection of the victim of the perceived 6 medical emergency, is immune from civil liability for any harm 7 resulting from the use or attempted use of such device. In 8 addition, any person who acquired the device, including, but 9 not limited to, a community association organized under 10 chapter 617, chapter 718, chapter 719, chapter 720, chapter 11 721, or chapter 723, is immune from such liability, if the 12 harm was not due to the failure of such acquirer of the device 13 to: 14 (a) Notify the local emergency medical services 15 medical director of the most recent placement of the device 16 within a reasonable period of time after the device was 17 placed; 18 (b) Properly maintain and test the device; or 19 (c) Provide appropriate training in the use of the 20 device to an employee or agent of the acquirer when the 21 employee or agent was the person who used the device on the 22 victim, except that such requirement of training does not 23 apply if: 24 1. The employee or agent was not an employee or agent 25 who would have been reasonably expected to use the device; or 26 2. The period of time elapsing between the engagement 27 of the person as an employee or agent and the occurrence of 28 the harm, or between the acquisition of the device and the 29 occurrence of the harm in any case in which the device was 30 acquired after engagement of the employee or agent, was not a 31 reasonably sufficient period in which to provide the training. Page 7
ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 (6) An insurer may not require an acquirer of an 2 automated external defibrillator device which is a community 3 association organized under chapter 617, chapter 718, chapter 4 719, chapter 720, chapter 721, or chapter 723 to purchase 5 medical malpractice liability coverage as a condition of 6 issuing any other coverage carried by the association, and an 7 insurer may not exclude damages resulting from the use of an 8 automated external defibrillator device from coverage under a 9 general liability policy issued to an association. 10 Section 4. Paragraphs (f) and (l) of subsection (2) of 11 section 718.112, Florida Statutes, are amended to read: 12 718.112 Bylaws.-- 13 (2) REQUIRED PROVISIONS.--The bylaws shall provide for 14 the following and, if they do not do so, shall be deemed to 15 include the following: 16 (f) Annual budget.-- 17 1. The proposed annual budget of common expenses shall 18 be detailed and shall show the amounts budgeted by accounts 19 and expense classifications, including, if applicable, but not 20 limited to, those expenses listed in s. 718.504(21). A 21 multicondominium association shall adopt a separate budget of 22 common expenses for each condominium the association operates 23 and shall adopt a separate budget of common expenses for the 24 association. In addition, if the association maintains limited 25 common elements with the cost to be shared only by those 26 entitled to use the limited common elements as provided for in 27 s. 718.113(1), the budget or a schedule attached thereto shall 28 show amounts budgeted therefor. If, after turnover of control 29 of the association to the unit owners, any of the expenses 30 listed in s. 718.504(21) are not applicable, they need not be 31 listed. Page 8 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed 1 2. In addition to annual operating expenses, the 2 budget shall include reserve accounts for capital expenditures 3 and deferred maintenance. These accounts shall include, but 4 are not limited to, roof replacement, building painting, and 5 pavement resurfacing, regardless of the amount of deferred 6 maintenance expense or replacement cost, and for any other 7 item for which the deferred maintenance expense or replacement 8 cost exceeds $10,000. The amount to be reserved shall be 9 computed by means of a formula which is based upon estimated 10 remaining useful life and estimated replacement cost or 11 deferred maintenance expense of each reserve item. The 12 association may adjust replacement reserve assessments 13 annually to take into account any changes in estimates or 14 extension of the useful life of a reserve item caused by 15 deferred maintenance. This subsection does not apply to an 16 adopted budget in which the members of an association have 17 determined, by a majority vote at a duly called meeting of the 18 association, to provide no reserves or less reserves than 19 required by this subsection. However, prior to turnover of 20 control of an association by a developer to unit owners other 21 than a developer pursuant to s. 718.301, the developer may 22 vote to waive the reserves or reduce the funding of reserves 23 for the first 2 fiscal years of the association's operation, 24 beginning with the fiscal year in which the initial 25 declaration is recorded, after which time reserves may be 26 waived or reduced only upon the vote of a majority of all 27 nondeveloper voting interests voting in person or by limited 28 proxy at a duly called meeting of the association. If a 29 meeting of the unit owners has been called to determine 30 whether to waive or reduce the funding of reserves, and no 31 such result is achieved or a quorum is not attained, the Page 9 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed 1 reserves as included in the budget shall go into effect. After 2 the turnover, the developer may vote its voting interest to 3 waive or reduce the funding of reserves. 4 3. Reserve funds and any interest accruing thereon 5 shall remain in the reserve account or accounts, and shall be 6 used only for authorized reserve expenditures unless their use 7 for other purposes is approved in advance by a majority vote 8 at a duly called meeting of the association. Prior to turnover 9 of control of an association by a developer to unit owners 10 other than the developer pursuant to s. 718.301, the 11 developer-controlled association shall not vote to use 12 reserves for purposes other than that for which they were 13 intended without the approval of a majority of all 14 nondeveloper voting interests, voting in person or by limited 15 proxy at a duly called meeting of the association. 16 4. In a multicondominium association, The only voting 17 interests which are eligible to vote on questions that involve 18 waiving or reducing the funding of reserves, or using existing 19 reserve funds for purposes other than purposes for which the 20 reserves were intended, are the voting interests of the units 21 subject to assessment to fund the reserves in question. 22 (l) Certificate of compliance.--There shall be a 23 provision that a certificate of compliance from a licensed 24 electrical contractor or electrician may be accepted by the 25 association's board as evidence of compliance of the 26 condominium units with the applicable fire and life safety 27 code. Notwithstanding the provisions of chapter 633 or of any 28 other code, statute, ordinance, administrative rule, or 29 regulation, or any interpretation of the foregoing, an 30 association, condominium, or unit owner is not obligated to 31 retrofit the common elements or units of a residential Page 10 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 condominium with a fire sprinkler system or other engineered 2 lifesafety system in a building that has been certified for 3 occupancy by the applicable governmental entity, if the unit 4 owners have voted to forego such retrofitting and engineered 5 lifesafety system by the affirmative vote of two-thirds of all 6 voting interests in the affected condominium. However, a 7 condominium association may not vote to forego the 8 retrofitting with a fire sprinkler system of common areas in a 9 high-rise building. For purposes of this subsection, the term 10 "high-rise building" means a building that is greater than 75 11 feet in height where the building height is measured from the 12 lowest level of fire department access to the floor of the 13 highest occupiable story. For purposes of this subsection, the 14 term "common areas" means any enclosed hallway, corridor, 15 lobby, stairwell, or entryway. In no event shall the local 16 authority having jurisdiction require completion of 17 retrofitting of common areas with a sprinkler system before 18 the end of 2014. 19 1. A vote to forego retrofitting may not be obtained 20 by general proxy or limited proxy or by a ballot, but shall be 21 obtained by a vote personally cast at a duly called membership 22 meeting, or by execution of a written consent by the member, 23 and shall be effective upon the recording of a certificate 24 attesting to such vote in the public records of the county 25 where the condominium is located. The association shall mail, 26 hand deliver, or electronically transmit to provide each unit 27 owner written notice at least 14 days prior to such membership 28 meeting in which of the vote to forego retrofitting of the 29 required fire sprinkler system is to take place, in at least 30 16-point bold type, by certified mail, within 20 days after 31 the association's vote. Within 30 days after the association's Page 11 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 opt-out vote, notice of the results of the opt-out vote shall 2 be mailed, hand delivered, or electronically transmitted to 3 all unit owners. Evidence of compliance with this 30-day 4 notice shall be made by an affidavit executed by the person 5 providing the notice and filed among the official records of 6 the association. After such notice is provided to each owner, 7 a copy of such notice shall be provided by the current owner 8 to a new owner prior to closing and shall be provided by a 9 unit owner to a renter prior to signing a lease. 10 2. As part of the information collected annually from 11 condominiums, the division shall require condominium 12 associations to report the membership vote and recording of a 13 certificate under this subsection and, if retrofitting has 14 been undertaken, the per-unit cost of such work. The division 15 shall annually report to the Division of State Fire Marshal of 16 the Department of Financial Services the number of 17 condominiums that have elected to forego retrofitting. 18 Section 5. Paragraph (a) of subsection (5) of section 19 719.1055, Florida Statutes, is amended to read: 20 719.1055 Amendment of cooperative documents; 21 alteration and acquisition of property.-- 22 (5) Notwithstanding the provisions of chapter 633 or 23 of any other code, statute, ordinance, administrative rule, or 24 regulation, or any interpretation of the foregoing, a 25 cooperative or unit owner is not obligated to retrofit the 26 common elements or units of a residential cooperative with a 27 fire sprinkler system or other engineered life safety system 28 in a building that has been certified for occupancy by the 29 applicable governmental entity, if the unit owners have voted 30 to forego such retrofitting and engineered life safety system 31 by the affirmative vote of two-thirds of all voting interests Page12 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 in the affected cooperative. However, a cooperative may not 2 forego the retrofitting with a fire sprinkler system of common 3 areas in a high-rise building. For purposes of this 4 subsection, the term "high-rise building" means a building 5 that is greater than 75 feet in height where the building 6 height is measured from the lowest level of fire department 7 access to the floor of the highest occupiable story. For 8 purposes of this subsection, the term "common areas" means any 9 enclosed hallway, corridor, lobby, stairwell, or entryway. In 10 no event shall the local authority having jurisdiction require 11 completion of retrofitting of common areas with a sprinkler 12 system before the end of 2014. 13 (a) A vote to forego retrofitting may not be obtained 14 by general proxy or limited proxy or by a ballot, but shall be 15 obtained by a vote personally cast at a duly called membership 16 meeting, or by execution of a written consent by the member, 17 and shall be effective upon the recording of a certificate 18 attesting to such vote in the public records of the county 19 where the cooperative is located. The association shall mail, 20 hand deliver, or electronically transmit to provide each unit 21 owner written notice at least 14 days prior to such membership 22 meeting in which of the vote to forego retrofitting of the 23 required fire sprinkler system is to take place, in at least 24 16-point bold type, by certified mail, within 20 days after 25 the association's vote. Within 30 days after the association's 26 opt-out vote, notice of the results of the opt-out vote shall 27 be mailed, hand delivered, or electronically transmitted to 28 all unit owners. Evidence of compliance with this 30-day 29 notice shall be made by an affidavit executed by the person 30 providing the notice and filed among the official records of 31 the association. After such notice is provided to each owner, Page13 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 a copy of such notice shall be provided by the current owner 2 to a new owner prior to closing and shall be provided by a 3 unit owner to a renter prior to signing a lease. 4 Section 6. Subsection (2) of section 718.503, Florida 5 Statutes, is amended to read: 6 718.503 Developer disclosure prior to sale; 7 nondeveloper unit owner disclosure prior to sale; 8 voidability.-- 9 (2) NONDEVELOPER DISCLOSURE.-- 10 (a) Each unit owner who is not a developer as defined 11 by this chapter shall comply with the provisions of this 12 subsection prior to the sale of his or her unit. Each 13 prospective purchaser who has entered into a contract for the 14 purchase of a condominium unit is entitled, at the seller's 15 expense, to a current copy of the declaration of condominium, 16 articles of incorporation of the association, bylaws, and 17 rules of the association, and a copy of the financial 18 information required by s. 718.111, and the document entitled 19 "Frequently Asked Questions and Answers" required by s. 20 718.504. 21 (b) If a person licensed under part I of chapter 475 22 provides to or otherwise obtains for a prospective purchaser 23 the documents described in this subsection, the person is not 24 liable for any error or inaccuracy contained in the documents. 25 (c) Each contract entered into after July 1, 1992, for 26 the resale of a residential unit shall contain in conspicuous 27 type either: 28 1. A clause which states: THE BUYER HEREBY 29 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF 30 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF 31 THE ASSOCIATION, BYLAWS AND, RULES OF THE ASSOCIATION, AND A Page 14 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND 2 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR 4 TO EXECUTION OF THIS CONTRACT; or 5 2. A clause which states: THIS AGREEMENT IS VOIDABLE 6 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION 7 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND 8 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT 9 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE 10 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS 11 AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT 12 YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS 13 AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED 14 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 15 BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE 16 THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, 17 AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF 18 INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A 19 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND 20 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED 21 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 22 TERMINATE AT CLOSING. 23 24 A contract that does not conform to the requirements of this 25 paragraph is voidable at the option of the purchaser prior to 26 closing. 27 Section 7. Section 720.403, Florida Statutes, is 28 created to read: 29 720.403 Preservation of residential communities; 30 revival of declaration of covenants.-- 31 Page 15 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 (1) Consistent with required and optional elements of 2 local comprehensive plans and other applicable provisions of 3 the Local Government Comprehensive Planning and Land 4 Development Regulation Act, homeowners are encouraged to 5 preserve existing residential communities, promote available 6 and affordable housing, protect structural and aesthetic 7 elements of their residential community, and, as applicable, 8 maintain roads and streets, easements, water and sewer 9 systems, utilities, drainage improvements, conservation and 10 open areas, recreational amenities, and other infrastructure 11 and common areas that serve and support the residential 12 community by the revival of a previous declaration of 13 covenants and other governing documents that may have ceased 14 to govern some or all parcels in the community. 15 (2) In order to preserve a residential community and 16 the associated infrastructure and common areas for the 17 purposes described in this section, the parcel owners in a 18 community that was previously subject to a declaration of 19 covenants that has ceased to govern one or more parcels in the 20 community may revive the declaration and the homeowners' 21 association for the community upon approval by the parcel 22 owners to be governed thereby as provided in this act, and 23 upon approval of the declaration and the other governing 24 documents for the association by the Department of Community 25 Affairs in a manner consistent with this act. 26 Section 8. Section 720.404, Florida Statutes, is 27 created to read: 28 720.404 Eligible residential communities; requirements 29 for revival of declaration.--Parcel owners in a community are 30 eligible to seek approval from the Department of Community 31 Page 16 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 Affairs to revive a declaration of covenants under this act if 2 all of the following requirements are met: 3 (1) All parcels to be governed by the revived 4 declaration must have been once governed by a previous 5 declaration that has ceased to govern some or all of the 6 parcels in the community; 7 (2) The revived declaration must be approved in the 8 manner provided in s. 720.405(6); and 9 (3) The revived declaration may not contain covenants 10 that are more restrictive on the parcel owners than the 11 covenants contained in the previous declaration, except that 12 the declaration may: 13 (a) Have an effective term of longer duration than the 14 term of the previous declaration; 15 (b) Omit restrictions contained in the previous 16 declaration; 17 (c) Govern fewer than all of the parcels governed by 18 the previous declaration; 19 (d) Provide for amendments to the declaration and 20 other governing documents; and 21 (e) Contain provisions required by this chapter for 22 new declarations that were not contained in the previous 23 declaration. 24 Section 9. Section 720.405, Florida Statutes, is 25 created to read: 26 720.405 Organizing committee; parcel owner approval.-- 27 (1) The proposal to revive a declaration of covenants 28 and a homeowners' association for a community under the terms 29 of this act shall be initiated by an organizing committee 30 consisting of not less than three parcel owners located in the 31 community that is proposed to be governed by the revived Page 17 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 declaration. The name, address, and telephone number of each 2 member of the organizing committee must be included in any 3 notice or other document provided by the committee to parcel 4 owners to be affected by the proposed revived declaration. 5 (2) The organizing committee shall prepare or cause to 6 be prepared the complete text of the proposed revised 7 declaration of covenants to be submitted to the parcel owners 8 for approval. The proposed revived documents must identify 9 each parcel that is to be subject to the governing documents 10 by its legal description, and by the name of the parcel owner 11 or the person in whose name the parcel is assessed on the last 12 completed tax assessment roll of the county at the time when 13 the proposed revived declaration is submitted for approval by 14 the parcel owners. 15 (3) The organizing committee shall prepare the full 16 text of the proposed articles of incorporation and bylaws of 17 the revived homeowners' association to be submitted to the 18 parcel owners for approval, unless the association is then an 19 existing corporation, in which case the organizing committee 20 shall prepare the existing articles of incorporation and 21 bylaws to be submitted to the parcel owners. 22 (4) The proposed revived declaration and other 23 governing documents for the community shall: 24 (a) Provide that the voting interest of each parcel 25 owner shall be the same as the voting interest of the parcel 26 owner under the previous governing documents; 27 (b) Provide that the proportional-assessment 28 obligations of each parcel owner shall be the same as 29 proportional-assessment obligations of the parcel owner under 30 the previous governing documents; 31 Page 18 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 (c) Contain the same respective amendment provisions 2 as the previous governing documents or, if there were no 3 amendment provisions in the previous governing document, 4 amendment provisions that require approval of not less than 5 two-thirds of the affected parcel owners; 6 (d) Contain no covenants that are more restrictive on 7 the affected parcel owners than the covenants contained in the 8 previous governing documents, except as permitted under s. 9 720.402(3); and 10 (e) Comply with the other requirements for a 11 declaration of covenants and other governing documents as 12 specified in this chapter. 13 (5) A copy of the complete text of the proposed 14 revised declaration of covenants, the proposed new or existing 15 articles of incorporation and bylaws of the homeowners' 16 association, and a graphic depiction of the property to be 17 governed by the revived declaration shall be presented to all 18 of the affected parcel owners by mail or hand delivery not 19 less than 14 days before the time that the consent of the 20 affected parcel owners to the proposed governing documents is 21 sought by the organizing committee. 22 (6) A majority of the affected parcel owners must 23 agree in writing to the revived declaration of covenants and 24 governing documents of the homeowners' association or approve 25 the revived declaration and governing documents by a vote at a 26 meeting of the affected parcel owners noticed and conducted in 27 the manner prescribed by s. 720.306. Proof of notice of the 28 meeting to all affected owners of the meeting and the minutes 29 of the meeting recording the votes of the property owners 30 shall be certified by a court reporter or an attorney licensed 31 to practice in the state. Page 19 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 Section 10. Section 720.406, Florida Statutes, is 2 created to read: 3 720.406 Department of Community Affairs; submission; 4 review and determination.-- 5 (1) No later than 60 days after the date the proposed 6 revived declaration and other governing documents are approved 7 by the affected parcel owners, the organizing committee or its 8 designee must submit the proposed revived governing documents 9 and supporting materials to the Department of Community 10 Affairs to review and determine whether to approve or 11 disapprove of the proposal to preserve the residential 12 community. The submission to the department must include: 13 (a) The full text of the proposed revived declaration 14 of covenants and articles of incorporation and bylaws of the 15 homeowners' association; 16 (b) A verified copy of the previous declaration of 17 covenants and other previous governing documents for the 18 community, including any amendments thereto; 19 (c) The legal description of each parcel to be subject 20 to the revived declaration and other governing documents and a 21 plat or other graphic depiction of the affected properties in 22 the community; 23 (d) A verified copy of the written consents of the 24 requisite number of the affected parcel owners approving the 25 revived declaration and other governing documents or, if 26 approval was obtained by a vote at a meeting of affected 27 parcel owners, verified copies of the notice of the meeting, 28 attendance, and voting results; 29 (e) An affidavit by a current or former officer of the 30 association or by a member of the organizing committee 31 Page 20 ENROLLED -- 2004 Legislature CS for CS for SB 2984, 2nd Engrossed
1 verifying that the requirements for the revived declaration 2 set forth in s. 720.404 have been satisfied; and 3 (f) Such other documentation that the organizing 4 committee believes is supportive of the policy of preserving 5 the residential community and operating, managing, and 6 maintaining the infrastructure, aesthetic character, and 7 common areas serving the residential community. 8 (2) No later than 60 days after receiving the 9 submission, the department must determine whether the proposed 10 revived declaration of covenants and other governing documents 11 comply with the requirements of this act. 12 (a) If the department determines that the proposed 13 revived declaration and other governing documents comply with 14 the act and have been approved by the parcel owners as 15 required by this act, the department shall notify the |