Recently Passed Legislative Amendments Effecting Both Condominium Associations and Homeowners’ Associations – Post 3 of 3

June 23rd, 2014

Posted in Real Estate Law

Continuing in our summary of bills passed during the Spring 2014 legislative (please find our first posting regarding House Bill 807 HERE (Post 1 of 3); and our second posting regarding House Bills 7037 and 7051 HERE (Post 2 of 3)), below represents a summary of Senate Bills 440 and 934, and House Bill 1089.  Interested Condominium Association (COA) and Homeowner Association (HOA) readers should note that these laws become effective on July 1, 2014, and should carefully consider the soon-to-be effective changes and discuss the same with their community association manager and legal counsel to determine the respective impact of each change going forward.

Senate Bill 440.

  • Partially deregulates nonresidential condominium associations by removing certain regulatory requirements, such as those regarding unit owner written inquiries, removal of the prohibition of voting by general proxy, removal of the prohibition of voting by proxy for the election of directors, removal of default a provision that terms of directors end at the next annual meeting, removal of requirement that newly elected or appointed directors complete Division-approved course or provide written certification of review of association governing documents, amongst other modifications
  • Clarifies that the alternative dispute resolution provisions of Section 718.1255 do not apply to non-residential condominiums unless otherwise specifically provided for in the association’s declaration of condominium
  • Extends the bulk assignee and bulk buyer provisions by one year to July 1, 2016

Senate Bill 934. This bill restores “flush left” language that was incorrectly included in Section 718.301 of the Florida Statutes due to a drafting error.

House Bill 1089. This bill provides that a condominium is deemed ineligible for commercial residential wind-only coverage if 50 percent or more of the units are rented more than eight times in a calendar year for a rental agreement period of less than 30 days.

The above represents a summary of the changes brought about through Senate Bills 440 and 924 and House Bill 1089 in the 2014 Spring Legislative Session.  As stated, HOA and COA directors, officers, and their respective community association managers should carefully review the enacted changes and discuss with legal counsel the impact of these changes.

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