Article
Courtesy of Shumaker, Loop & Kendrick, LLP
Published June 22, 2021
On June 16, 2021, Governor Ron DeSantis signed Senate
Bill (SB) 630 into law, which enacts numerous amendments to the Condominium
Act (Chapter 718, Florida Statutes), the Cooperative Act (Chapter 719,
Florida Statutes), and the Homeowners Association Act (Chapter 720, Florida
Statutes). The list below summarizes the primary effect of SB 630, but is
not exhaustive. We suggest that you review the legislation and check with
counsel if you have questions or comments.
CONDOMINIUM ACT, CHAPTER 718, FLORIDA STATUTES
Amends § 718.111, Florida Statutes to:
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Limit the time required for keeping competitive bids
in the condominium association’s official records to one year.
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Establish a right of tenants to access a copy of the
Declaration, in addition to Bylaws and Rules and Regulations, but
clarify that those are the only records accessible to tenants.
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Prohibit condominium associations from requiring unit
owners to state a purpose for accessing official records.
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Allow condominium association to make its documents
available through a mobile device or posting on a web site.
Amends § 718.112, Florida Statutes to:
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Provide that a majority vote of a condominium
association may extinguish a discriminatory restriction as provided in §
712.065, Florida Statutes.
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§ 712.065, Florida Statutes allows the Board of
Directors to amend governing documents by majority vote to remove
provisions which are discriminatory towards “any natural person on the
basis of a characteristic that has been held, or is held after September
4, 2020, by the United States Supreme Court or the Florida Supreme Court
to be protected against discrimination under the Fourteenth Amendment to
the United States Constitution or under s. 2, Art. I of the State
Constitution, including race, color, national origin, religion, gender,
or physical disability.”
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Clarify that only board service that occurs on or
after July 1, 2018 may be used when calculating term limits.
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Defer to the condominium association’s Bylaws for the
required time period for special members meetings, but requires 14 days
if the Bylaws are silent. The prior version of the statute required 14
days for the special members meetings regardless of the Bylaws. At least
a 14-days notice is still required for annual meetings.
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Require the Association to send the second election
notice not less than 14 days and not more than 34 days prior to the
election.
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Increases the maximum transfer fee condominium
associations may charge from $100 to $150 initially, and thereafter
provides for the Department of Business and Professional Regulation (DBPR)
to publish a maximum fee increase according to Consumer Price Index
(CPI).
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Allow condominium associations and management
companies to use the same legal counsel, which was prohibited under
prior versions of the statute.
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Establish rights for installation of natural gas
vehicle fueling stations similar to current requirements for electric
vehicle charging stations.
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Allow the Board of Directors to establish electric
vehicle charging stations and natural gas fueling stations on the common
elements and provide that such installations are not material
alterations or substantial additions.
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Amends § 718.121, Florida Statutes to clarify that
notices of intent to lien meeting the statutory requirements are deemed
delivered upon mailing.
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Amends § 718.121, Florida Statutes to replace
mandatory nonbinding arbitration with an option for either 1) pre-suit
mediation, or 2) non-binding arbitration. However, election disputes are
excluded from pre-suit mediation and may be arbitrated or filed in
court.
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Amends § 718.1265 to provide additional emergency
powers to condominium associations to conduct all meetings remotely to
expressly allow the condominium association to close parts of the
property and take other actions in mitigation of contagious disease.
However, the association may not prohibit ingress and egress to the unit
by the owner or in connection with a sale, lease, or other transfer of
the unit.
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Amends § 718.202 to include additional details
regarding permissible and prohibited costs for which a developer may use
certain portions of initial purchase deposits.
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Amends § 718.405 to codify law allowing for
multi-condominium to adopt consolidated governing documents if compliant
with § 718.104.
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Related to the condominium act, amends § 627.14,
Florida Statutes to provide that a unit owner’s insurance policy may
only provide for subrogation against the condominium association if the
condominium association’s policy provides for subrogation against the
unit owner.
COOPERATIVE ACT – CHAPTER 719, FLORIDA STATUTES
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Amends § 719.104 to prohibit cooperative from
requiring unit owners to state a purpose for accessing official records.
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Amends § 719.106 to provide that:
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Cooperative directors appearing at meetings remotely
by any means count towards quorum.
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Cooperatives may delete discriminatory provisions
from their governing documents pursuant to § 712.065.
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Amends § 719.128 to provide additional emergency
powers to cooperative associations to conduct all meetings remotely to
expressly allow the cooperative association to close parts of the
property and take other actions in mitigation of contagious disease.
However, the association may not prohibit ingress and egress to the unit
by the owner or in connection with a sale, lease, or other transfer of
the unit.
HOMEOWNERS ASSOCIATION ACT – CHAPTER 720, FLORIDA STATUTES
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Amends § 720.301 to eliminate homeowners association
board-adopted rules and regulations from the statutory definition of
“governing documents.”
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Amends § 720.303 to:
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Allow additional options for electronic notification
using an app or website in conjunction with email.
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Explicitly require keeping of election materials,
including ballots, sign in sheets, proxies, and all other records, for
one year from the election.
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Exclude records relating to gate entry systems from
official records accessible to owners.
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Amends § 720.303 to allow a developer the option to
establish reserves or not, and if established to deficit fund
assessments for reserves along with operating expenses. Legislation
provides that this provision applies to all associations, including
those formed prior to adoption.
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Amends § 720.311 to provide that election disputes
may be arbitrated or filed in court.
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Amends § 720.305 to provide that fines are due five
days from the date the association provides notice to the owner or
tenant (previously ran from the date of committee meeting).
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Amends § 720.306 to provide, in homeowners
associations of more than 15 parcels, that amendments to governing
documents prohibiting or regulating rental agreements generally apply
only to parcel owners who acquire ownership after adoption or who
consent to the amendment. Notwithstanding the general rule, the
association may adopt a six month minimum rental period and a
prohibition against renting more than three times in a calendar year and
apply such requirements against all owners.
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Amends § 720.3075 to provide that a homeowners
associations may delete discriminatory provisions from their governing
documents pursuant to § 712.065.
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Amends § 720.316 to provide additional emergency
powers to homeowners associations to conduct all meetings remotely to
expressly allow the homeowners association to close parts of the
property and take other actions in mitigation of contagious disease.
However, the association may not prohibit ingress and egress to the unit
by the owner or in connection with a sale, lease, or other transfer of
the unit.
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