Friday May 3 will be the last day of Regular Session. The following is a summary of current legislation that may impact homeowner associations (HOAs)
Community Associations: CS/HB 73 by Representative Moraitis and CS/SB 436 by Senator Altman contain 2 developer-related initiatives
1. Revisions to the phasing provisions the Condominium Act to allow a 3-year extension to complete the phased project
2. The implementing language for “condo-in-a-condo” developments.
From a community operations point of view, the legislation will also provide for:
- Records - Clarifications to the confidential records requirement for cooperative associations.
- Hurricane Protection - Clarifications to the improvements authorized for condominium properties to protect against windstorm events.
- Board Certification - The bills will provide a certification process for newly elected Board Members in homeowners associations similar to that currently required in condominium associations.
- Condominium Election Disputes - The bills will provide a limitation of 60 days for complaints to the Division of Condominiums on election disputes.
Status: 4/9 ordered enrolled (CS/CS/HB 73 has passed both houses and has been sent to the governor)
Landlord—Tenant: CS/HB 77 by Representative Porter and CS/SB 490 by Senator Stargel revise the provisions of Chapter 83 relating to residential tenancies, and the legislation amends s. 83.64 to prevent a landlord from retaliating against a tenant when rents are paid to a community association to pay the landlord’s assessments. The legislation also provides that the right to attorney fees may not be waived in a lease agreement; revises landlord disclosure requirements and maintenance obligations; provides restrictions on advance rent and security deposits; and revises provisions relating to termination of lease agreements by a landlord. It redefines a bona fide contract for sale; provide for reciprocal attorney’s fees; and require new notice procedures concerning advance rents and security deposits.
Status: 4/9 in messages (CS/HB 77 has passed the House and is in the Senate with messages being passed between the two)
Florida Fair Foreclosure Act: CS/CS/HB 87 by Representative Passidomo and CS/CS/SB 1666 by Senator Latvala is an initiative reforming the judicial foreclosure process. It also includes provisions that provide standing for community associations in a mortgage foreclosure proceeding to allow for associations to protect their claims for unpaid assessments.
Status: On special order calendar for 5/2
Condominium Act—ILSA: SB 120 by Senator Latvala and HB 175 by Representative Fitzenhagen are companion bills that amend the Condominium Act to allow for the early recording of declarations of condominium to create legal descriptions during the pre-sale process of a new project in compliance with ISLSA.
Status: 5/1 temporarily postponed, on 3rd reading
Flag Etiquette—Community Associations: SB 230 by Senator Ring and HB 323 by Representative Moskowitz would require the Governor to adopt protocols for proper display of the state flag on certain occasions, and would extend such protocols to displays in condominiums and other residential settings. SB 230 has passed the Senate and is pending in the House.
Status: 4/30 S ordered enrolled-SJ 881 (has passed both houses and has been sent to the governor)
Design Professionals: CS/SB 286 by Senator Negron would permit limitations of liability for design professions by terms of the contract for services and other conditions.
Status: 04/25/13 Signed by governor Chapter No. 2013-28
Mandatory Homeowners Associations: CS/CS/CS/SB 580 by Senator Hays and CS/HB 7119 by Representative La Rosa make revisions to Chapter 720 that would impose new standards on licensed community managers; permit records to be copied by photograph or other electronic means; would eliminate the right of the association to recover costs for copying records; mandate new reporting responsibilities and new alternative dispute resolution procedures; require the certification of newly elected board members; and assign new disclosure and bonding requirements on board members in certain circumstances.
Status: 4/26 ordered enrolled (has passed both houses and has been sent to the governor)
Once a bill has been signed by the governor, it will go into effect 60 days after the session has adjourned unless otherwise stated.
The full text of each bill can be found on the legislative web sites.