Summary Community Association Bills H 419

20.165 Department of Business and Professional Regulation

v (10) Providing certain inspection powers for employees of the Division of Florida Condominiums, Timeshares, and Mobile Homes

468.436 Regulation Community Association Managers -- Disciplinary proceedings

v (6) Adding provision to permanently revoke the license

718 – Condominiums

v 718.103 (16) -- Revises Definition Developer

v 718.111 – The Association

Ø (5) Right of Access to Units

Ø (15) Location of Meetings

Ø (16) Limit on Expenditures and Contributions

v 718.112 -- Bylaws

Ø (2)(d) 1. Location: Held in own facilities if available; Staggered Terms: Removal of eligibility provisions

Ø (2)(d) 3. Removal of election certificate requirement

Ø (2)(h) 4. Notice requirement for bylaw amendments

Ø (2)(o) Director or officer removal for offenses

Ø (2)(p) Qualification of directors; ineligibility for board membership; reasons for removal from office; election certificate; ownership requirement for eligibility

Ø (2)(q) Owner approval needed for borrowing and/or securing line of credit

v 718.113 -- Maintenance

Ø (5)(a) Installation of Code-compliant impact glass

v 718.116 -- Assessments; liability; lien and priority; interest; collection

Ø (11) Collection of unpaid maintenance dues from tenant

Ø (12)(a) Notice of delinquency requires detailed specification

Ø (12)(b) Limits cost of delinquency notice

v 718.1265 -- Association emergency powers

Ø (2) Clarifies length of emergency power

v 718.301 -- Transfer of association control

Ø (1)(f) Court determination of receivership

v 718.303 -- Obligations of owners and occupants; waiver; levy of fines, suspension of use or voting rights, and other nonexclusive remedies in law or equity

Ø (3) Suspension of rights of unit owner or unit's occupant for

unpaid assessments; requirements for levy of fines and suspensions

Ø (4) Notice and hearing requirements do not apply for unpaid amounts due

v 718.501-- Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes

Ø (1) Specifying jurisdiction to investigate complaints

Ø (d) 2. Issuing Order of Cease and Desist

Ø (d) 9. Suspension of officer and/or director for falsifying association records

Ø (d) 10. Restitution for deriving improper personal benefits

Ø (3) Creating and providing booklet of laws

v 718.5012 -- Ombudsman; powers and duties

Ø (9) Power to resolve dispute Division has declined to resolve

v 718.50151 -- Community Association Living Study Council

Ø Changes to membership requirements

719 -- CO-OPS

ATTENTION:

All the provisions regarding Co-Ops on Pages 50 to 161 are attempting to rewrite the Co-Op statutes using the applicable language of FS 718.

720 – HOMEOWNERS’ ASSOCIATION

v 720.303 Association powers and duties; borrowing; transfer fees

Ø (2)(c) 2. Levying assessment will require notice on agenda

Ø (12) Borrowing of funds or committing to a line of credit will require notice and explanation of specific use; or requires of approval of 2/3 vote of approval of membership.

Ø (13) Limitation of Transfer fees; Security deposits of tenants

Ø (14) Limit on expenditures and contributions; holds board members liable for violating this provision.

v 720.304 Clarification: Flagpoles and flags on owner’s parcel

v 720.306 Meetings of members; voting and election procedures; amendments

Ø (1)(b) Affirmative vote required to amend documents

Ø (1)(d) Adding requirements for bylaw amendments

v 720.3065 Qualifications of directors and officers

Ø (1) Director or officers offenses

Ø (2)(a) Co-owners may not serve together

Ø (2)(b) Person may not serve if restricted to serve by Division

Ø (2)(c) Felons may not serve; civil rights need to be restored minimum 5 years

Ø (2)(d) Director 90 day delinquent deemed to have abandoned office

Ø (2)(e) Signing election certificate; read statutes and governing documents; uphold statutes and rules; removal from board

Ø (2)(f) Requires directors to be deeded owners or if owned by trust, a qualified individual.

v 720.3068 Requirements for location of meetings

v 720.3085 Payment for assessments; lien claims

Ø (1) Removal of time restrictions

Ø (1)(a) Notice of delinquency requires detailed specification; Limits cost of delinquency notice

Ø (8) Collection of unpaid maintenance dues from tenant; association may sue for eviction

v 720.314 Parcel owner informational complaint

Ø (1) Required format for owner to file complaint

Ø (2) File complaint with OPPAGA (Office of Program Policy Analysis and Government Accountability)

Ø (3) Substantial form of complaint

721 – VACATION AND TIMESHARE PLANS

v 721.16 Liens for overdue assessments

Ø Change of numbering caused by changes in 718.116 and/or s. 719.108

This act shall take effect July 1, 2010.