BILL SUMMARY -- S 580
This bill is
attempting to make owner-friendly changes to Florida Statutes 720 --
the HOA Act!
The bill -- if
enacted -- would make important changes to FS 720 --
Mandatory Homeowners' Associations
(FS 468.436): Adding Disciplinary
proceedings for violations of Florida statutes
have to be made available for inspection within 45 miles or
within the county.
must permit a member to take photographic images of such
records with a
camera or other electronic device at no charge.
charges of more than $20.00 per hour for personnel fees and charges at an hourly
vendor or employee time to cover administrative costs to the
vendor or association.
Requires the budget to designate the components for which the reserve accounts may be used.
Each homeowners' association has to report to the Division by November 22, 2013, detailed
information about the association.
members are now required to certify in writing to the
secretary of the association that he or she has read the
association’s declaration of covenants, articles of
incorporation, bylaws, and current written rules and policies
or or provide the secretary with an educational certificate stating that the board member has satisfactorily completed an educational curriculum administered by a division-approved education provider.
contracts with companies where a director has a financial
kickbacks to officers, directors, or managers.
Removes a director or officer charged by information or indictment with a
felony theft or embezzlement offense involving the
association’s funds or property from office.
Requires every association to maintain insurance or a fidelity bond for
all persons who control or
disburse funds of the association.
to nominations of candidates
of Association Control on HOAs if:
the developer abandons or deserts the responsibility to maintain and complete the advertised amenities or infrastructure.
developer files a petition seeking protection in bankruptcy
Ø the developer loses title to the property through a foreclosure action or the transfer of a deed in lieu of
a receiver for the developer is appointed by a
circuit court and is not discharged within 30 days after such
of Board Members in developer-controlled HOAs:
Ø Members other than the developer can elect
one board member after 25% of all parcels are
conveyed to members.
Clauses in documents:
Ø Prohibiting a developer from unilaterally making amendments to the governing documents which
bind members of the association etc.
the purposes of this subsection, the term “previous owner”
shall not include an association that
acquires title to a delinquent property through foreclosure or
by deed in lieu of foreclosure
HERE FOR ORIGINALLY FILED VERSION OF THE BILL!