S 1308

SB 1308: Homeowners’ Associations

GENERAL BILL by Senator Alan Hays

Homeowners’ Associations; Requiring the community association manager or management firm, or the association itself, to provide a specified initial report to the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation by a specified date and to provide the report annually thereafter; providing that election disputes and recall disputes are eligible for presuit mediation; requiring the department to provide training and educational programs for homeowners’ association members, directors, and officers, etc.

THE OFFICIAL SENATE BILL SUMMARY:
A Bill To Be Entitled:

A bill to be entitled An act relating to homeowners’ associations; amending s. 20.165, F.S.; renaming the Division of Florida Condominiums, Timeshares, and Mobile Homes the Division of Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes; amending s. 718.509, F.S.; renaming the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund the Division of Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes Trust Fund;  amending s. 720.301, F.S.; defining terms; creating s. 720.3011, F.S.; providing that the Legislature reserves the power to amend or repeal ch. 720, F.S.; requiring that homeowners’ associations be governed by such amendment or repeal; amending s. 720.302, F.S.; clarifying legislative intent; creating s. 720.3021, F.S.; providing division powers and duties; creating s. 720.3022, F.S.; authorizing the division to investigate complaints relating to developer control and improper turnover; providing a procedure for taking action on such complaints; authorizing the division to conduct investigations to determine whether ch. 720, F.S., or rules adopted thereto has been violated; providing a procedure for conducting and administering an investigation; specifying conditions under which the division is authorized to institute enforcement proceedings in its own name; providing for service of process; requiring the division to adopt penalty guidelines; establishing factors the division must consider to adopt the guidelines; creating s. 720.3023, F.S.; requiring funds collected by the division to be deposited into the Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes Trust Fund; creating s. 720.3024, F.S.; creating the Office of the Community Association Ombudsman within the division; providing for appointment and powers and duties; specifying circumstances under which the ombudsman is required to appoint an election monitor; creating s. 720.3029, F.S.; providing homeowners’ association fees; amending s. 720.303, F.S.; requiring written notice of a board meeting at which increases in assessments or amendments to governing documents will be considered; specifying notice requirements; amending s. 720.305, F.S.; authorizing a homeowners’ association to impose fines if its original governing documents authorized the imposition of such fines; prohibiting a fine from becoming a lien against a parcel; amending s. 720.306, F.S.; restricting the amendment of the declaration of a homeowners’ association to a specified vote of the affected parcels; revising annual meeting requirements; providing requirements for voting by general and limited proxy; revising provisions relating to board elections and vacancies; amending s. 720.307, F.S.; revising the applicability of certain provisions that relate to the transition of  association control in a community; amending ss. 73.073, 192.037, 213.053, 326.002, 326.006, 380.0651, 455.116, 475.455, 509.512, 559.935, 718.103, 718.105, 718.1255, 718.501, 718.5011, 718.502, 718.503, 718.504, 718.508, 718.608, 719.103, 719.1255, 719.501, 719.502, 719.504, 719.508, 719.608, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301, 723.003, 723.006, 723.009, and 723.0611, F.S.; conforming cross references to changes made by the act;

providing an effective date.