HB 1227 (2006) -  Community Associations

by Garcia, R. (CO-SPONSORS) Brutus; Harrell; Zapata
Requires notice of a proposed amendment to the declaration to be sent to the unit owner by certified mail; restricts a condominium association from waiving a financial report for more than 2 consecutive years; provides duties for condominium boards of administration in the event of certain casualties; provides that certain assessments may be made against unit owners; provides guidelines for the designation of disabled parking spaces; authorizes the board or membership to determine the composition of the board of administration under certain circumstances; requires the board to respond to certain inquiries by certified mail, return receipt requested; removes a provision allowing a condominium association to only respond once every 30 days to unit owner inquiries; provides that no action shall be taken or resolution made without an open meeting of the board; requires the board to address agenda items proposed by a petition of 20 percent of the unit owners; revises notice procedures; revises the terms of office and reelection of the members of a condominium association board; provides that certain persons providing notice of a meeting must provide an affidavit affirming that the notices were delivered; authorizes the association's representative to provide certain notices; removes a provision allowing an association to print or duplicate certain information sheets on both sides of the paper; revises procedures relating to the filling of a vacancy on the board; removes a provision allowing an association to provide for different voting and election procedures in its bylaws; authorizes unit owners the right to have items placed on the agenda of the annual meeting and to be voted upon under certain conditions; requires a vote to provide for no reserves or percentage of reserves to be made at certain times; authorizes the association to use reserve funds for nonscheduled purposes under certain conditions; requires that assessments be made against units on a quarter-annual or more frequent basis; provides that certain provisions shall not preclude the right of an association to accelerate assessments of certain owners delinquent in payment of common expenses; provides that accelerated assessments shall be due and payable after the claim of lien is filed; requires boards of administration to adopt or restate hurricane shutter specifications yearly at the annual meeting; authorizes the board to install hurricane protection that complies with the applicable building code; requires the board to have the condominium buildings periodically inspected for structural and electrical soundness by a professional engineer or professional architect registered in the state; requires the inspector to provide a report to the association; provides that a bulk contract for basic service may be deemed a common expense; removes provisions limiting the liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed; revises the order in which payments received by the association must be applied; restricts certain liens from being filed on a condominium parcel until 30 days after service of a notice of intent to file the lien; requires that itemized expenses and a payment schedule be included in certain special assessments; provides that funds collected pursuant to a special assessment shall not be commingled with any other association funds; requires any complaint of abuse filed with the Division of Florida Land Sales, Condominiums, and Mobile Homes to immediately be investigated; requires the division to institute enforcement proceedings under certain circumstances; prohibits certain lawsuits arising from unit owners' appearances and presentations before a governmental entity; requires the division to promptly refer certain cases to mediation; provides that an arbitrator may refer a dispute to mediation at any time; provides that certain contracts between a service provider and an association shall not be for a term in excess of 3 years and shall not contain an automatic renewal clause; requires that certain contracts for construction must have the approval of an attorney hired by the association; requires that persons subject to certain actions be notified of their violation in a certain manner; provides a timeframe in which the person must respond; requires the division to prepare and disseminate a prospectus and other information for use by owners, purchasers, lessees, and developers of residential condominiums; provides that the board member training provided by the division shall be provided in conjunction with recommendations by the ombudsman; restricts location of the Office of the Condominium Ombudsman; provides that the ombudsman shall exercise his or her policymaking and other functions independently of the Department of Business and Professional Regulation and without approval or control of the department; requires the department to render administrative support for certain matters; requires that revenues collected by the department for the office be deposited in a separate fund or account; provides that the division shall process the ombudsman's recommendations and petitions in an expedited manner and defer to his or her findings; provides the ombudsman with the power to order meetings between certain parties; authorizes the ombudsman to order that any aspect of an association election be conducted by an election monitor; authorizes the ombudsman to order an association to implement certain remedies; authorizes the ombudsman to order certain persons to cease and desist from unlawful practices; authorizes the ombudsman to make recommendations to the division to pursue enforcement action in circuit court on behalf of a class of unit owners, lessees, or purchasers; abolishes the Advisory Council on Condominiums; provides that amendments restricting cooperative owners' rights relating to the rental of units applies only to certain unit owners; creates the Advisory Council on Mandated Properties.
Effective Date: July 1, 2006.
Last Event: Died in Civil Justice Committee on Friday, May 5, 2006 11:59 PM

Related Bills

Staff Analysis

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Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Civil Justice Committee Time: 05/05/2006 - 11:59 PM Member: Committee: Civil Justice Committee Version:
Event: H 1st Reading Time: 03/07/2006 - 11:59 PM Member: Committee: Version: __
Event: H Now in Civil Justice Committee Time: 03/07/2006 - 4:32 PM Member: Committee: Civil Justice Committee Version: __
Event: H Referred to Justice Council Time: 03/07/2006 - 4:32 PM Member: Committee: Justice Council Version: __
Event: H Referred to State Administration Appropriations Committee Time: 03/07/2006 - 4:32 PM Member: Committee: State Administration Appropriations Committee Version: __
Event: H Referred to Business Regulation Committee Time: 03/07/2006 - 4:32 PM Member: Committee: Business Regulation Committee Version: __
Event: H Referred to Civil Justice Committee Time: 03/07/2006 - 4:32 PM Member: Committee: Civil Justice Committee Version: __
Event: H Filed Time: 02/21/2006 - 3:00 PM Member: Garcia, R. Committee: Version: __