HB 839 CS (2006) -  Community Associations

General Bill by Kottkamp (CO-SPONSORS) Anderson; Baxley; Davis, D.; Garcia, R.; Grant; Robaina; Ross; Zapata
Community Associations: Provides for the revival of certain covenants that have lapsed; prohibits local ordinances that limit the access of certain persons to beaches that adjoin condominiums; revises provisions relating to the amendment of declarations; provides legislative findings and a finding of compelling state interest; provides criteria for consent to an amendment; requires notice regarding proposed amendments to mortgagees; provides criteria for notification; provides for voiding certain amendments; revises the implementation date for retrofitting of common areas with a sprinkler system; provides that certain leaseholds, memberships, or other possessory or use interests shall be considered a material alteration or substantial addition to certain real property; provides retroactive application of provisions relating to mixed-use condominiums; provides a definition; prohibits laws, ordinances, or regulations that apply only to improvements that are or may be subjected to an equity club form of ownership; revises governing provisions relating to corporations that operate residential homeowners' associations; revises provisions relating to open meetings of the association; revises application to include certain meetings; requires the association to provide certain information to prospective purchasers or lienholders; authorizes the association to charge a reasonable fee for providing certain information; requires the budget to provide for annual operating expenses; authorizes the budget to include reserve accounts for capital expenditures and deferred maintenance; provides a formula for calculating the amount to be reserved; authorizes the association to adjust replacement reserve assessments annually; authorizes the developer to vote to waive the reserves or reduce the funding of reserves for a certain period; revises provisions relating to financial reporting; revises time periods in which the association must complete its reporting; repeals a provision relating to board meetings, to remove conflicting versions of that subsection; provides for architectural control covenants and parcel owner improvements; authorizes the review and approval of plans and specifications; provides limitations; provides rights and privileges for parcel owners as set forth in the declaration of covenants; provides that, where a member is entitled to collect attorney's fees against the association, the member may also recover additional amounts as determined by the court; provides that certain mergers or consolidations of an association shall not be considered a material or adverse alteration of the proportionate voting interest appurtenant to a parcel; requires developers to deliver financial records to the board in any transition of association control to members; requires certain information to be included in the records and for the records to be prepared in a specified manner; provides circumstances under which a guarantee of common expenses shall be effective; provides for approval of the guarantee by association members; provides for a guarantee period and extension thereof; requires the stated dollar amount of the guarantee to be an exact dollar amount for each parcel identified in the declaration; provides payments required from the guarantor to be determined in a certain manner; provides a formula to determine the guarantor's total financial obligation to the association; provides that certain expenses incurred in the production of certain revenues shall not be included in the operating expenses; revises provisions relating to dispute resolution; provides that the filing of any petition for arbitration or the serving of an offer for presuit mediation shall toll the applicable statute of limitations; provides that certain disputes between an association and a parcel owner shall be subject to presuit mediation; revises provisions to conform; provides that temporary injunctive relief may be sought in certain disputes subject to presuit mediation; authorizes the court to refer the parties to mediation under certain circumstances; requires the aggrieved party to serve on the responding party a written offer to participate in presuit mediation; provides a form for such offer; provides that service of the offer is effected by the sending of such an offer in a certain manner; provides that the prevailing party in any subsequent arbitration or litigation proceedings is entitled to seek recovery of all costs and attorney's fees incurred in the presuit mediation process; requires the mediator or arbitrator to meet certain certification requirements; removes a requirement relating to development of an education program to increase awareness of the operation of homeowners' associations and the use of alternative dispute resolution techniques.
Effective Date: July 1, 2006.
Last Event: Died on Second Reading Calendar on Friday, May 5, 2006 11:59 PM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: HB 391 Subject: Community Associations Relationship: Similar
Bill #: CS/SB 2358 Subject: Community Associations Relationship: Similar
Bill #: HB 957 CS Subject: Community Associations Relationship: Compare
Bill #: SB 546 Subject: Homeowner's Associations Relationship: Compare
Bill #: SB 2530 Subject: Community Associations Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Justice Council 4/18/2006 5:56:20 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 4/11/2006 5:18:47 PM
Chamber: House Committee: Economic Development, Trade & Banking Committee 4/3/2006 2:57:49 PM
Chamber: House Committee: Judiciary Committee 3/30/2006 3:06:35 PM
Chamber: House Committee: Judiciary Committee 3/21/2006 9:35:37 AM
Chamber: House Committee: Civil Justice Committee 3/10/2006 9:32:16 AM
Chamber: House Committee: Civil Justice Committee 3/6/2006 2:29:24 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died on Second Reading Calendar Time: 05/05/2006 - 11:59 PM Member: Committee: Version:
Event: H Added to Second Reading Calendar Time: 04/18/2006 - 5:57 PM Member: Committee: Version: c3
Event: H Bill released to House Calendar Time: 04/18/2006 - 5:57 PM Member: Committee: Version: c3
Event: H Reported out of Justice Council Time: 04/18/2006 - 5:57 PM Member: Committee: Justice Council Version: c3
Event: H Favorable by Justice Council Time: 04/18/2006 - 12:15 PM Member: Committee: Justice Council Version: c3
Event: H Added to Justice Council agenda Time: 04/14/2006 - 4:01 PM Member: Committee: Justice Council Version: c3
Event: H Now in Justice Council Time: 04/12/2006 - 11:20 AM Member: Committee: Justice Council Version: c3
Event: H Pending review of CS under Rule 6.3 Time: 04/11/2006 - 5:23 PM Member: Committee: Version: c3
Event: H Reported out of Economic Development, Trade & Banking Committee Time: 04/11/2006 - 5:19 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c2
Event: H Favorable with CS by Economic Development, Trade & Banking Committee Time: 04/05/2006 - 5:30 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c2
Event: H Added to Economic Development, Trade & Banking Committee agenda Time: 04/03/2006 - 3:08 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c2
Event: H Now in Economic Development, Trade & Banking Committee Time: 03/31/2006 - 10:07 AM Member: Committee: Economic Development, Trade & Banking Committee Version: c2
Event: H Remaining referral: Justice Council Time: 03/31/2006 - 10:07 AM Member: Committee: Justice Council Version: c2
Event: H Pending review of CS under Rule 6.3 Time: 03/30/2006 - 3:16 PM Member: Committee: Version: c2
Event: H Reported out of Judiciary Committee Time: 03/30/2006 - 3:07 PM Member: Committee: Judiciary Committee Version: c1
Event: H Favorable with CS by Judiciary Committee Time: 03/22/2006 - 12:00 PM Member: Committee: Judiciary Committee Version: c1
Event: H Added to Judiciary Committee agenda Time: 03/20/2006 - 3:51 PM Member: Committee: Judiciary Committee Version: c1
Event: H Now in Judiciary Committee Time: 03/10/2006 - 4:24 PM Member: Committee: Judiciary Committee Version: c1
Event: H Remaining referral: Justice Council Time: 03/10/2006 - 4:24 PM Member: Committee: Justice Council Version: c1
Event: H Remaining referral: Economic Development, Trade & Banking Committee Time: 03/10/2006 - 4:24 PM Member: Committee: Economic Development, Trade & Banking Committee Version: c1
Event: H Pending review of CS under Rule 6.3 Time: 03/10/2006 - 10:27 AM Member: Committee: Version: c1
Event: H Reported out of Civil Justice Committee Time: 03/10/2006 - 10:07 AM Member: Committee: Civil Justice Committee Version: __
Event: H Favorable with CS by Civil Justice Committee Time: 03/08/2006 - 12:00 PM Member: Committee: Civil Justice Committee Version: __
Event: H 1st Reading Time: 03/07/2006 - 11:59 PM Member: Committee: Version: __
Event: H Added to Civil Justice Committee agenda Time: 03/06/2006 - 3:59 PM Member: Committee: Civil Justice Committee Version: __
Event: H Now in Civil Justice Committee Time: 02/10/2006 - 4:50 PM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Justice Council Time: 02/10/2006 - 4:50 PM Member: Committee: Justice Council Version: __
Event: H Referred to Economic Development, Trade & Banking Committee Time: 02/10/2006 - 4:50 PM Member: Committee: Economic Development, Trade & Banking Committee Version: __
Event: H Referred to Judiciary Committee Time: 02/10/2006 - 4:50 PM Member: Committee: Judiciary Committee Version: __
Event: H Referred to Civil Justice Committee Time: 02/10/2006 - 4:50 PM Member: Committee: Civil Justice Committee Version: __
Event: H Filed Time: 01/24/2006 - 11:45 AM Member: Kottkamp Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
712.11 HB 391, HB 957 CS
718.106 HB 391
718.110 HB 391, HB 1227
718.112 HB 391, HB 1227
718.114 HB 391, HB 957 CS
718.404 HB 391
719.103 HB 391
719.507 HB 391
720.302 HB 391, HB 957 CS
720.303 HB 391, HB 957 CS
720.303 HB 391, HB 957 CS
720.303 HB 391, HB 957 CS
720.303 HB 391, HB 957 CS
720.303 HB 391, HB 957 CS
720.3035 HB 391
720.3035 HB 391
720.305 HB 391, HB 957 CS
720.306 HB 391, HB 957 CS
720.307 HB 391, HB 957 CS
720.307 HB 391, HB 957 CS
720.307 HB 391, HB 957 CS
720.307 HB 391, HB 957 CS
720.308 HB 391, HB 957 CS
720.308 HB 391, HB 957 CS
720.308 HB 391, HB 957 CS
720.308 HB 391, HB 957 CS
720.311 HB 391, HB 957 CS