Are you familiar with HB 791, the main bill affecting community associations? If not HB 791 includes the following:
- Official Records (Condominiums and Cooperatives): The bill amends the official records “catch-all” provision which currently provides that “all other records of the association… which are related to the operation of the association” are official records. The new law states that these “other” records are limited to “Written” records. This makes the condominium and cooperative statute consistent with the HOA statute. So, non-written records (for example, audio tapes of board meetings or security camera video recordings) are presumably not “official records” under the new law, and thus not available for owner inspection as a matter of right.
- Extension of Distressed Condominium Relief Act (Condominiums): The bill extends the “distressed condominium relief act” also known as the “bulk buyer law” until July 1, 2018. This law gives companies that buy out distressed condominium projects immunity from various obligations affiliated with being a developer.
- Insurance (Condominiums): The bill removed the provision that requires the association to be responsible for “uninsured losses.” This is a glitch fix and is intended to clarify that the association’s obligation to subsidize insurance shortfalls for items that may otherwise be the unit owner’s responsibility and limited to situations where the association is responsible for insuring the damaged element.
- Definition of Governing Documents (Homeowners’ Associations): The new law provides that the term “governing documents” of an HOA, as used throughout the statute includes rules and regulations.
- Amendments (Homeowners’ Associations): Under the new law, the failure to provide the statutorily required notice of recording an HOA governing document amendment does not affect the validity of the amendment.
- Names Chapter 720, Florida Statutes (Homeowners’ Associations): Chapter 720 of the Florida Statutes will know be officially known as the “Homeowners’ Association Act.”
- Board Member Eligibility (Homeowners’ Associations): The Homeowners’ Association Act now provides that a person who is delinquent in the payment of any financial obligation as of the last day that he or she could nominate himself or herself to the board, is not eligible to be a candidate and may not be listed on the ballot. Further, a person serving on the HOA board who becomes 90 days’ delinquent in the payment of any monetary obligation shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law.
The homeowners’ association attorneys at Stevens & Goldwyn, P.A. are experts in condominium law, contractual disputes, and HOA litigation. They specialize in representation for homeowners associations, assessment collection, foreclosures, civil litigation, and more. Stevens & Goldwyn, P.A. is located in Plantation, FL and provides services throughout Florida, including Fort Lauderdale, Miami, Palm Beach, Plantation, Pembroke Pines, Miami Beach, Pompano Beach, Hollywood, Aventura, and more.
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