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CONDOMINIUMS
(FS 718)
HB 123 -- Rep. Emily Slosberg -- Bullying and Harassment in Community
Associations
Bullying and Harassment in Community Associations;
Prohibits bullying or harassment of certain association members; provides
association requirements; provides civil penalties; provides immunity from
certain causes of action for damages. WOULD THAT
INCLUDE THE ACTIONS OF LAWYERS?
Died in first committee
HB
841 -- Rep. George Moraitis --
Community Associations
Community Associations; Revises
condominium association recordkeeping & financial
reporting requirements; revising provisions related to
required association bylaws; authorizes associations to
adopt rules for posting certain notices on website;
provides responsibilities for owners who receive
electronic notices; revises and provides board member
recall & challenge requirements; authorizes attorney
fees & costs in action to challenge validity of board
member recall; removes provision relating to certain
contracts or transactions regarding conflicts of
interest; provides requirements for proposed activity
that is identified as conflict of interest; revises fine
& suspension requirements; revises time period for
classification as bulk assignee or buyer; revises
requirements to serve as board member; prohibits board
members from voting via e-mail; provides directors or
officers delinquent in payments are deemed to have
abandoned office; specifies certain services obtained
through bulk contract are common expenses; revises
requirements, funding formulas, & exceptions for reserve
accounts; provides requirements for special meetings to
consider substitute annual budgets; revises election
requirements in ch. 720. THIS
BILL DOESN'T EVEN DESERVE A COMMITTEE HEARING!
Ordered engrossed, then enrolled
HB
873 -- Rep. Manny Diaz -- Homeowners' Associations
Homeowners' Associations; Prohibits association from
hiring attorney who represents management company of association; revises
and provides provisions relating to associations, including official
records, inspection & copying of bylaws & rules, association websites,
financial reports, use of association debit card, recall of directors,
kickbacks, officers and directors, voting rights, term limits, & conflicts
of interest; provides criminal penalties. VERY GOOD
OWNER-FRIENDLY BILL!
Died in first committee
SB 1530 -- Sen. Debbie Mayfield -- Condominium Associations
Condominium Associations; Deleting a restriction on
attorney representation; revising the list of documents that the association
is required to post online; providing that the failure of an association to
post certain information is not sufficient, in and of itself, to invalidate
any action or decision of the association, etc.
This bill is for condo owners ONLY.
And -- under the guise of cleaning up problems created by former bills
passed by the legislature, contains some pretty "tricky" provisions. The
bill may have potential, but needs some serious changes to be as
"owner-friendly as the sponsor says.
THE BILL MAY HAVE
POTENTIAL!
Died in Regulated
Industries
CO-OPERATIVES
(FS 719)
HB
841 -- Rep. George Moraitis -- Community Associations
Community Associations; Revises
condominium association recordkeeping & financial
reporting requirements; revising provisions related to
required association bylaws; authorizes associations to
adopt rules for posting certain notices on website;
provides responsibilities for owners who receive
electronic notices; revises and provides board member
recall & challenge requirements; authorizes attorney
fees & costs in action to challenge validity of board
member recall; removes provision relating to certain
contracts or transactions regarding conflicts of
interest; provides requirements for proposed activity
that is identified as conflict of interest; revises fine
& suspension requirements; revises time period for
classification as bulk assignee or buyer; revises
requirements to serve as board member; prohibits board
members from voting via e-mail; provides directors or
officers delinquent in payments are deemed to have
abandoned office; specifies certain services obtained
through bulk contract are common expenses; revises
requirements, funding formulas, & exceptions for reserve
accounts; provides requirements for special meetings to
consider substitute annual budgets; revises election
requirements in ch. 720. THIS
BILL DOESN'T EVEN DESERVE A COMMITTEE HEARING!
Ordered engrossed, then enrolled
HOMEOWNERS'
ASSOCIATIONS (FS 720)
HB 123 -- Rep. Emily Slosberg -- Bullying and Harassment in Community
Associations
Bullying and Harassment in Community Associations;
Prohibits bullying or harassment of certain association members; provides
association requirements; provides civil penalties; provides immunity from
certain causes of action for damages. WOULD THAT
INCLUDE THE ACTIONS OF LAWYERS?
Died in first committee
HB
377 -- Rep. Charlie Stone -- HOAs -- Companion Bill SB 734
Homeowners' Associations; Revises uses of Florida
Condominiums, Timeshares, & Mobile Homes Trust Fund; increases damages to
which member of homeowners' association is entitled for denial of access to
official records; provides cause of action for member against community
association manager or management firm; prohibits reimbursement to community
association manager or management firm for certain fines; provides & revises
reporting requirements; provides that fine may not become lien against
parcel; revises provisions relating to election of officers; provides
presuit mediation for election & recall disputes; provides for binding
arbitration by DBPR for certain disputes between parcel owner & homeowners'
association; requires DBPR to provide training & educational programs;
authorizes DBPR to enforce & ensure compliance with Homeowners' Association
Act & specified rules; provides DBPR with jurisdiction to investigate
certain complaints; provides cause of action against developers by HOA or
nondeveloper members of HOA. EXCELLENT BILL!
Indefinitely postponed and
withdrawn from consideration
HB
625 -- Rep. John Cortes -- Community Associations
Community Associations; Establishes Office of Community
Association Hearings; transfers powers & responsibilities of arbitrators to
community association hearing officers; authorizes community association
hearing officers to hold hearings & impose sanctions; revises & provides
requirements for alternative dispute resolution for homeowners'
associations. WE CAN REALLY DO WITHOUT!
Died in Commerce Committee
SB
734 -- Senator Dennis Baxley -- HOAs -- Companion Bill HB 377
Homeowners’ Associations; Revising the uses of
the Florida Condominiums, Timeshares, and Mobile Homes Trust Fund to include
reimbursement of costs to the Division of Florida Condominiums, Timeshares,
and Mobile Homes for the administration and operation of the Homeowners’
Association Act; providing a cause of action for a member against a
community association manager or management firm under certain
circumstances; revising circumstances under which members other than the
developer are entitled to elect at least a majority of the board of
directors of the homeowners’ association, etc.
EXCELLENT BILL!
Indefinitely postponed and
withdrawn from consideration
HB
873 -- Rep. Manny Diaz -- Homeowners' Associations
Homeowners' Associations; Prohibits association from
hiring attorney who represents management company of association; revises
and provides provisions relating to associations, including official
records, inspection & copying of bylaws & rules, association websites,
financial reports, use of association debit card, recall of directors,
kickbacks, officers and directors, voting rights, term limits, & conflicts
of interest; provides criminal penalties. VERY GOOD
OWNER-FRIENDLY BILL!
Died in first committee
HB
841 -- Rep. George Moraitis -- Community Associations
Community Associations; Revises
condominium association recordkeeping & financial
reporting requirements; revising provisions related to
required association bylaws; authorizes associations to
adopt rules for posting certain notices on website;
provides responsibilities for owners who receive
electronic notices; revises and provides board member
recall & challenge requirements; authorizes attorney
fees & costs in action to challenge validity of board
member recall; removes provision relating to certain
contracts or transactions regarding conflicts of
interest; provides requirements for proposed activity
that is identified as conflict of interest; revises fine
& suspension requirements; revises time period for
classification as bulk assignee or buyer; revises
requirements to serve as board member; prohibits board
members from voting via e-mail; provides directors or
officers delinquent in payments are deemed to have
abandoned office; specifies certain services obtained
through bulk contract are common expenses; revises
requirements, funding formulas, & exceptions for reserve
accounts; provides requirements for special meetings to
consider substitute annual budgets; revises election
requirements in ch. 720. THIS
BILL DOESN'T EVEN DESERVE A COMMITTEE HEARING!
Ordered engrossed, then enrolled
SB
1238 -- Senator Rene Garcia
-- Homeowners' Associations
Homeowners’ Associations; Prohibiting an association from
hiring an attorney who represents the management company of the association;
requiring an association to provide members with a copy of the most recent
annual financial report or a written notice detailing how to obtain such
report; prohibiting an officer, director, or manager from soliciting,
offering to accept, or accepting a kickback for which consideration has not
been provided; providing requirements and procedures relating to conflicts
of interest, etc. VERY GOOD OWNER-FRIENDLY BILL!
Indefinitely postponed and
withdrawn from consideration
SB 1274 --
Senator Kathleen Passidomo -- Community Associations
Community Associations; Deleting a provision prohibiting
an association from hiring an attorney who represents the management company
of the association; revising voting requirements relating to alterations and
additions to certain common elements or association property; revising
cooperative association recordkeeping requirements; prohibiting a board
member from voting via e-mail, etc. GOOD AND BAD!
SOME PROPOSED CHANGES ARE HORRIBLE!
Laid on Table, refer to
CS/CS/CS/HB 841
MARKETABLE RECORD TITLE ACT
SB
266 -- Senator Kathleen Passidomo -- Covenants and Restrictions
Covenants and Restrictions; Designating the “Marketable
Record Title Act”; revising the notice filing requirements for a person
claiming an interest in land and other rights; exempting a specified summary
notice and amendment from certain notice content requirements; authorizing
the parcel owners of a community not subject to a homeowners’ association to
use specified procedures to revive certain covenants or restrictions,
subject to certain exceptions and requirements, etc.
CAREFUL!
Laid on Table, refer to
HB 617
HB
617 -- Rep. Katie Edwards
-- Covenants and Restrictions
Covenants and Restrictions; Authorizes certain parcel
owners of a community not subject to HOA to use specified procedures to
revive certain covenants or restrictions; revises interests & rights
protected by filing for record within specified timeframe; revises &
provides provisions relating to covenants and restrictions, including
extinguishment, validity of notice, length of time certain covenants and
restrictions are preserved, filing of notices, notice content requirements,
requirements of property associations, & validity & enforceability.
CAREFUL!
Approved by Governor -- Chapter No.
2018-55
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