This bill contains lots of important changes to Florida Statutes 720 -- the Homeowners' Association Act. It creates the reforms homeowners living in Florida's homeowners' associations have demanded since many years. The bills contains as well important changes to FS 718 and housekeeping changes for FS 719, FS 721 and FS 723.

THE MOST IMPORTANT PROVISIONS CONTAINED IN THE BILL:

CHANGES TO FS 720 (HOMEOWNERS’ ASSOCIATIONS)

v             REGULATORY AGENCY FOR HOAs

Ø    Creates the Division of Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes

Ø    Creates the Office of the Community Association Ombudsman.

Ø    Owners have the right to petition for election monitors.

Ø    Requires every HOA to pay $4 annually for each lot into the Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes Trust Fund.

Ø    Describes the jurisdiction, duties and obligations of the newly created Division for HOAs.

Ø    Investigation and enforcement powers of the Division.

v          MEETINGS OF MEMBERS; VOTING AND ELECTION PROCEDURES; ELIGIBILITY OF BOARD MEMBERS

Ø    Clarifies location of Annual Meetings.

Ø    Revises Proxy Voting, disallowing use of proxies for elections.

Ø    Requires elections to be conducted by secret ballot using a written ballot or voting machine – using the exact language from FS718.

Ø    Adds eligibility clauses for candidates for board member election (language from FS 718) – eliminates from candidacy:

q       Owners who are more than 90 days delinquent;

q       Owners who are convicted felons with civil rights not restored for more than 5 years;

q       Co-Owners of a home – only one owner can serve at the same time.

Ø    Removal of director and/or officer more than 90 days delinquent.

Ø    HOA board 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 submit a certificate showing that he or she has satisfactorily completed an approved educational seminar.

Ø    Removal of director or officer charged by information or indictment with a felony theft or embezzlement offense involving the association’s funds or property from office.

v                     TRANSITION OF ASSOCIATION CONTROL IN A HOA IF:

Ø    no other parcels are being offered for sale by the developer in the ordinary course of business;

Ø    the developer files a petition seeking protection in bankruptcy;

Ø    a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after such appointment;

v                     APPROVAL OF AMENDMENTS AFTER TRANSITION OF CONTROL

v                     ADDS FS 720.3085(9) Requires homeowner or unit owner to place association assessments into the court registry as they come due during the pendency of any foreclosure action by the association. The language used is contained in current landlord/tenant statute.

CHANGES TO FS 718 (CONDOMINIUMS)

v                     ADDING MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES

v                     ADDS FS 718.116(16) Requires homeowner or unit owner to place association assessments into the court registry as they come due during the pendency of any foreclosure action by the association. The language used is contained in current landlord/tenant statute.  

LOTS OF HOUSE KEEPING CHANGES FOR FS 719, FS 721 + FS 723!

PLEASE CLICK HERE FOR ORIGINALLY FILED VERSION OF THE BILL!