Florida’s 2011 Strata Law Reforms

Florida is a place known for oranges, alligators, NASA and, of course, condominiums.  So, strata laws are very important there to many many Floridians.  And, they are always being changed.


Proposals for law reform are tracked and summarised by the Community Association Leadership Lobby (CALL).  Here's their summaries.

SB 530/HB 1035:  This is the bill partially drafted by the CALL team.  If it becomes law it will:

• Enable owners to review employment agreements and see financial records that show compensation paid to employees.
• Clarify that owners may allow the association to publish a directory or other document with their phone numbers, email addresses and other contact information. 
• Allow condo boards to hold closed meetings to discuss personnel matters, without an attorney being present, just like homeowners’ association boards. 
• Enable condos and HOAs to pass management collection fees on to the delinquent owner.
• Make it perfectly clear that all rent shall be paid to the association until a unit owner's delinquency is paid in full.
• Clarify the procedure to suspend use and voting rights (when an owner is delinquent for more than 90 days), as well as some other issues.

SB 328/HB 59:  Specifically permitting process servers in to common areas of condominiums, gated communities, or any secured residential areas without notice when serving a summons or other process.

SB 332/HB 173:  Equalizing treatment of multi-family (i.e. condominiums) and single family residences with respect to submerged land leases. Currently, multi-family residences are treated like commercial, profit-making entities.

SB 476/HB 883:  Addressing public lodging establishments. Chapter 509 creates two classes:1) transient (allows rentals more than three times per year for periods of a month or less); and 2) non transient (rentals for a month or more). This bill raises the transient/non transient threshold from one month to six months.

SB 646:  Requiring a mobile home park owner to notify the officers of the homeowners’ association created by ss. 723.075-723.079 of a bona fide offer for purchase.

SB 650/HB 423:  Allowing local governments to enforce violations of certain mobile home statutes and requiring notice before a park owner can evict a mobile home owner because of a change in land use.

SB 712:  Making is perfectly clear that condo boards can suspend use of recreational facilities, meeting rooms, gyms, pools, cable television, internet service and valet service when an owner is more than 90 days delinquent.

SB 832/HB 583:  Requiring the Division to notify a mobile home homeowners’ association before approving changes to the prospectus or offering circular.  Prospective tenants will receive a “mobile home expense disclosure document.”  The bill also defines the “market area or competitive area” for comparable mobile home parks.

SB 1112:  Requiring condo and coop boards to provide the local property appraiser with a list of units rented during the previous year, so the property appraiser can investigate possible violations of homestead laws.

SB 1132:  Prohibiting immediate family members in the same unit from serving on the board of a cooperative association together.

SB1288/HB 799:  Adopting a non-judicial foreclosure process for commercial property, including commercial condos.

SB 1516/HB 1195:  For both condominiums and home owner associations, this bill will - 

• Require insurance companies to notify all owners (by certified and regular mail) if the board cancels or does not renew its required insurance coverage (50 units or less) and enable a majority of the voting interests to direct the board to obtain substitute coverage.
• Provides that associations may install impact glass or other code-compliant windows in certain circumstances. 
• Specify that rent paid to the association by tenants will apply to outstanding and future monetary obligations. 
• Relieve the association from joint and several liability when it takes title to a property by foreclosure or deed in lieu thereof.
• Give HOA owners the right to speak at board meetings on any agenda item (for at least 3 minutes) without a special petition.
• Require “condo-style” elections for homeowners’ associations (60-day notice, written self-nominations, second notice, two-envelopes, secret ballots, etc.).
• Prohibit co-owners in an HOA from serving as board members together unless they own more than one parcel or unless there are not enough eligible candidates to fill the vacancies on the board.
• Specify that anyone more than 90 days delinquent is not eligible for board membership.
• Prohibits convicted felons from serving on the HOA board unless their civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board.

You can also follow these law changes at the Florida Condo and HOA Law Blog too.

See you in Miami's strataland soon.

Francesco …