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Florida Legislative Updates
There has been a number of new Florida Statutes that have been passed or amended in recent months that directly affect Condominium and Homeowner Associations. Below is a brief summary of a selection of these and how they affect associations.
- Required Notice to Tenants (House Bill 83.561): A bona fide tenant must be given at least 30 days' notice before being evicted from a foreclosed home.
- Voting Rights Suspensions (720.305(4) & 718.303): An association may now suspend the voting rights of a member or unit due to non-payment of any fee, fine or other monetary obligation due to the association which is more than 90 days delinquent.
- Fines (718.303(3)(B)): Prohibits board members and individuals residing in a board member's household from serving on a Fining Committee. The new law also requires a community associations Board of Director's, not it's Fining Committee, to levy a fine. The Fining Committee's authority is limited to rejecting or approving the fine levied by the Board.
- Damage Not Caused by Insurable Event (718.111(11)(J)): Clarifies damage not caused by an insurable event is not automatically an association responsibility. Instead, the unit owner or the association is responsible for non-insurable events according to reconstruction, repair or replacement provisions of the associations Governing Documents. (Affects Condominium Associations Only).
- Board Member Delinquencies/Eligibility (720.306(9)(B)): Any person who is delinquent in the payment of any financial obligation as of the last day 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. (Affects Homeowner Associations Only).
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