1*  ARE YOU WILLING TO PAY $4 ANNUALLY FOR A REGULATORY AGENCY?

Homeowners' associations are not regulated in Florida. Creating a regulatory agency would help owners and boards to finally have an official entity they can turn to with questions, problems, complaints and legal matters.  An annual fee of $4 would fund this agency -- a steal considering the cost for just a simple "opinion" letter from a specialized attorney.  An opinion from a state agency definitely carries a different weight than the "opinion" of an attorney.

 

The regulatory agency should have these duties and powers: To enforce and ensure compliance with the provisions of these statutes and rules promulgated pursuant hereto relating to the development, construction, sale, lease, ownership, operation, and management of residential property;  To conduct inquiries and investigations upon complaints;  To subpoena documents and witnesses;  To issue orders to cease and desist;  To bring action for declaratory relief, injunctive relief, or restitution;  To impose civil penalties; To adopt rules to implement and enforce the provisions of the statutes;  To issue declaratory statements;  To conduct mediation and voluntary and mandatory arbitration;  To provide training programs for residential association board members and lot owners;  To provide information and education materials on request. 

  2*  CREATE HOA OMBUDSMANS OFFICE: For HOAs using language from the Condo Act Act [FS 718.5011 - 5014]: Act as liaison between all affected parties;  Provide resources, information and education for board members and homeowners;  Providing election monitor service if petitioned; Resolving disputes not within the jurisdiction of the Division.
  3* HOA ELECTION REFORM USING CONDO RULES (FS 718) AS A MODEL:  Prohibits opt-out of Election Process;  Determines location of annual meeting;  Certification form for candidates;  Election process as described in FS 718.112(2d);  Requires several election notices;  Voting by written ballot;  Petitioning for election monitor.
  4* ACCOUNTABILITY OF DIRECTORS:  Removal from office of director or officer charged with a felony theft or embezzlement offense involving association funds or property;  Liability for monetary damages if in violation of criminal law or a derived personal benefit or an act or omission in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property;  gives regulatory agency power to levy civil penalty and/or removal from board for willfully and knowingly violating a provision of the statutes;  allows to levy civil penalties against person who knowingly or intentionally defaces, destroys, or fails to create or maintain accounting records;  Obligation to cooperate with investigation.
  5*  ELIGIBILITY + TERMS OF SERVICE OF BOARD MEMBERS: A board member has to be a deeded owner of the association;  Terms of all board members expire at annual meeting, 2-year staggered terms if so allowed by bylaws;  Prohibits any owner suspended or removed by Division or any owner delinquent in payment of fees or assessments to serve on the board of directors;  Prohibits co-owners of a property from serving on any board at the same time in an association of greater than 10 units;  Prohibits paid manager or employee of the association to serve on the board of directors;  Owner convicted of felony with civil rights not restored for less than five years is not eligible for board membership [FS 718.112(2)(d)1.].
  6* PROHIBIT SALARY OR COMPENSATION OF DIRECTORS: A director, officer, or committee member of the association may not receive directly or indirectly any salary or compensation from the association for the performance of duties as a director, officer, or committee member and may not in any other way benefit financially from service to the association.
  7* EDUCATION + TRAINING REQUIREMENT FOR BOARD MEMBERS AND HOMEOWNERS: Requires certification form for candidates for board of directors;  Requires the regulatory agency to provide training and educational programs for homeowners' association board members and homeowners;  Training may include web-based electronic media, and live training and seminars in various locations throughout the state.
  8*  RECORD REQUESTS + ENFORCEMENT: Clarifying provisions for record requests;   Owner can bring own copying devices;  No mandatory mediation;  Subpoena Requirement for Requested Records (2 certified letters) by Division [FS 718.501(5)]
  9* SAFEGUARDS BEFORE LIEN AND FORECLOSURE FILINGS: Changes to FS 720.3085(4) + (5); Requiring notice by certified mail 45 days prior to filing lien before turning delinquent account over to a third party for collection, including attorneys and debt collection agencies;  15-day notice before action to foreclose the lien can be brought.
10* OWNERS RIGHT TO SPEAK AT BOARD MEETINGS: FS 720.303(2)(b)  Members have the right to attend all meetings of the board and to speak on any each matter placed on the agenda by petition of the voting interests for at least 3 minutes. The association may adopt written reasonable rules expanding the right of members to speak and governing the frequency, duration, and other manner of member statements, which rules must be consistent with this paragraph and may include a sign-up sheet for members wishing to speak.
11* RESTRICT LONG-TERM RENTALS IF NOT PERMITTED BY ORIG. DOCUMENTS:  Renting the home is for many owners the last resort to avoid foreclosure;  Investors and future retirees bought homes for purpose of renting these homes;  If original deed restrictions allow rentals, governing documents can't be amended to disallow rentals; add FS 720.306(1)(c)  An amendment restricting owners' rights relating to the rental of homes applies only to parcel owners who consent to the amendment and to parcel owners who purchase their parcels after the effective date of that amendment.
12* CREATE TIME RESTRAINTS ON CLOSING HURRICANE SHUTTERS:  Prohibits associations from creating rules that restrict installation of hurricane shutters;  Restricts rule-making of time-limits for closing approved shutters!
13* EXTENSIVE DEVELOPER REGULATION:  No amendment of deed restrictions without vote of approval by owners;  Change of percentage for turn-over requirements;  Conveyance of title; Requirements for financial reports;  Rights of use of common areas; Liability for failure to disclose material facts;  Giving regulatory agency jurisdiction over developer controlled associations;  Transfer of association control if developer files petition seeking protection in bankruptcy or if receiver is appointed and not discharged after 30 days.
14* REVITALIZATION CONTROL + ENFORCEMENT:  Renew the outdated opt-out clause: Require written approval of 75% of all deeded owners; notice of revitalization by certified mail to the property owner's address; Changes to Section 720.405(6) + 720.407(4)

DETAILED SURVEY

     SURVEY COMMENTS