COMMUNITY ASSOCIATION BILL H 1397

H 1397 IS ON THE AGENDA OF THE COMMITTEE

ON FRIDAY, 03/27/09, at 8:00 A.M.

H 1397 will be a STRIKE-ALL BILL. Lots of changes are prepared to the original filed bill.

Besides all the original provisions, amendments are prepared for changes to FS 720 (HOA):

FS 720.303 -- Stop frivolous charges for record requests. We have seen charges of $100 for demand of minutes for one year. The charge for copying is set, but they charge for manager’s time, getting docs out of storage etc. The language needs serious clarification.
FS 720.303(10) Recall needs to be rewritten to close the loopholes created by rulings of the Division Arbitration Section. Interpretations now allows recall without proof of sufficient ballots and a so-called reversed recall. Totally killing legislative intent!
FS 720.305 – Frivolous legal fees etc. Attorneys even charge legal fees for writing letters and owners have to pay, no matter if the alleged violation was bogus. This circumvents the legislative intent of FS 720.305 (prevailing party)
FS 720.306 -- Proxy Voting, Election and Eligibility of board members needs to be changed. Annual meeting, election and eligibility should be the same as in FS 718. (Rewrite of FS 720.306 – change to condo language)
FS 720.307 + 720.308 + 720.3086 -- Developer Control – It is imperative, especially because lots of developers are going bankrupt, to protect the owners in developer controlled associations that are far from fully being built out! These people are losing everything! The number of associations with this problem is growing by the day!
FS 720.3085 – Foreclosure provision. We need to put in the owner’s protection against legal fees with official notification letter. In many cases the legal fees are much higher than the unpaid dues. Legal fees are often the reason why owners can’t come up with the demanded amount! Renters have to pay to association if owner fails to pay dues. Same as in condos!
FS 720.405 + 407 – Revitalization – This is causing many nasty lawsuits with owners pitted against owners, due to the vague language – not even the Department of Community Affairs knows what to make of it! And the opt-out clause expired in 2005!

Talking Points:

MAKE SURE THAT YOU ASK THAT THE HOA AMENDMENTS ARE ADOPTED!

This bill helps associations and owners to stay afloat in this bad economy. It gives owners more financial security. Financial woes of associations caused by foreclosures and empty homes in the community causes owners to pay more to make up for the financially irresponsible neighbors and developers, causing further financial hardship.

Owners living in homeowners associations, who have no place to turn to -- no regulatory agency -- need these proposed amendments. It gives them a fighting chance to weather these hard times and gives them more influence in association affairs and more protection against frivolous legal charges and lawsuits. Bankrupt developers shouldn't bankrupt homeowners, whose life-savings are invested in their homes.

We need to protect the owners in order not to create more foreclosures!

COMPLETE COMMITTEE

MAIL TO ALL COMMITTEE MEMBERS and Legislative Aids: (REGULAR E-MAIL PROGRAM)

All Legislative Aids:

Katie.Dickerson@myfloridahouse.gov; Sandy.Matthews@myfloridahouse.gov; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]