Major Florida Condo & HOA Bill Includes Right to Prohibit Use of Common Elements
HB 115 Includes Major Changes for Condominium and Homeowners Associations; Disciplinary Actions Against Managers for Misconduct or Negligence; Provides for Suspension of Use and Voting Rights in Condominiums; Authorizes Filing Liens for Fines, Etc.
Representatives Ambler and Robaina filed HB 115, this week. HB 115 is a bill devoted to community association issues. The bill contains numerous provisions designed to improve community associations' collection efforts as well as protections for homeowners by mandating specific notice of the intent to take certain actions and requiring the ombudsman to create additional educational materials. The bill also addresses distressed condominium and bulk purchaser/subsequent developer issues.
The full text of the bill is 106 pages long.
Some of the highlights include:
- Procedures to authorize a loan or line of credit;
- 24 hours notice before entering a unit for any purpose (other than an emergency);
- The ability to demand rent paid by a tenant directly, without Court action;
- The ability to evict a tenant if the tenant fails to pay rent;
- The ability to prohibit owners from using common elements if they are more than 90 days delinquent in paying assessments;
- The ability to suspend members' voting rights;
- A "Florida Condominium Handbook";
- Prohibiting fees in HOAs in connection with sale, lease or other transfer of a parcel;
- Removing the prohibition against filing a Lien for fines over $1,000 for HOAs; and
- Substantially revised dispute resolution procedures for HOAs.
The Community Association Leadership Lobby ("CALL") and other organizations are likely to publish more detailed information about the bill and its potential impact on community association operations. Please refer back to this site for further information pertaining to specific portions of the bill.
bought and paid for by developers?
I applaud Representative Robaina's efforts in his bill to help Condo Associations in the collection of maintenance fees. Please let me know what I can do to help.
Rosemary Pardo
Representatives Ambler and Robaina continue to try to help condo associations and HOAs in these troubled times. Please let me know what help I can be.
Question
I own a condo in Pembroke Pines Florida as an investment property. It is rented out. Property manager infomed me that new gate cards will be imposed to gain access to the premises. However, she said that owners who do not reside in the premises are not entitled to a gate card, and so they are depriving me of my right to access my property to inspect the same, to collect rent, etc. This is totally unreasonable.
What can I do?
Thank you
Can a by-law prevent a rental of a unit when its not on the actual doc's and do we the condo owner needed to have voted to pass such a thing?
I have been notifying in writing, both the HOA and the associations' Property Manager of issues with the common area lawn, currently infected with Brown Patch Disease, to take action to prevent it from further spreading and damaging this area before it reaches a point where it would force the association to replace all the sod in this area.
The property managers' and HOA continued negligence in addressing this issue will mean that what is now costing just a couple hundred dollars to fix, will later become a several thousand dollar repair.
What can I do? I do not want to end up paying higher HOA bills for something that could have been prevented from escalating if not for their negligence.