Q&A: SB 1196
Thank you everyone for the thoughtful questions and comments regarding SB 1196. I have literally received hundreds of questions and comments over the past week - either through this site or by email. Since many of the questions relate to the same issues, I'd like to share some of the responses.
QUESTION: Rumor has it that the Governor has a bill before him that would raise the voting approval to 75% for apparently new Condo and/or HOA amenities. True or false?
RESPONSE: You may be referring to the new section 720.31, Florida Statutes. It says that HOAs can acquire leased property, memberships and other interests in lands or facilities (including country clubs, marinas, golf courses, etc.) more than a year after recording the Declaration if the governing documents contain that authority or if 75% of the members agree.
QUESTION: Are cable TV services considered a utility? Our HOA pays approx. $50 per month per unit for basic services. Comcast has refused to cut the services for those people who have stopped paying their maintenance fees, even if we pay the monthly dues and pay for the service to shut off the service. Without cable TVs service, it might give those people who have refused to pay their maintenance fees, an incentive to do so.
RESPONSE: You hit the $64,000 question. Maybe Comcast will change its policy as a result of the new law. I understand Comcast (and perhaps some other providers) believed that suspending service to individuals constituted a violation of the telecommunications act and federal regulations. Check back in a few weeks - we will be sure to post something related to suspending cable/television programming and are planning a webinar devoted to telecommunication issues in light of SB 1196.
(P.S. If your community is paying $50 per month for basic bulk services it should attempt to renegotiate that deal.)
QUESTION: Please inform me if there is a new requirement for board members to take a class or an exam to run for the board otherwise the association will be null and void.
Is this something new? please let me know
RESPONSE: The new law (effective July 1) requires board members to provide the association with a certification or evidence of completion of an approved course within 90 days of being elected or appointed.
QUESTION: Does SB1196 say anything about the requirement of installing hard wired smoke detectors in condominium buildings that are less than 3 stories in height? Is it still a requirement in these buildings?
RESPONSE: SB 1196 contains a provision that allows buildings of less than 4 stories with outside access (catwalks) to avoid installing manual fire alarms.
QUESTION: The new law stipulates that upon foreclosure the lender must now pay up to 12 months of back hoa dues or 1% of loan balance vs 6 months. Is that effect immediately once the bill goes into effect regardless of when the loan was placed on the property?
RESPONSE: While it is hard to predict how the lenders will interpret the bill, many community association attorneys believe that the new law will apply to acquisitions of title by lenders that take place July 1, 2010 forward, if the original mortgage was recorded after April 1992 (the effective date of the "safe harbor").
Remember, this information doesn't constitute legal advice & these responses are general in nature. Please consult with counsel to determine how the new laws will impact your operations.
Our last board meeting was posted as usual, time, place and an agenda was listed. When we arrived at the meeting, we were given a sheet of paper to vote on wether or not to change our lawm care company. The President then stated this was not a meeting but an "Informational Gathering." We were given reports on Insurance, the budget,pool expenses,installing shutters and several other items that were listed on the Agenda. Then the President proceeded to open a meeting, but just long enough for us to vote on the lawn care service and closed it immediately after the votes were counted. Is this legal?
I read about the new law (SB1196) which will require new board members to either provide a certfication or evidence of completion of an approved course. Where would they get the certification or take the course??
thank you for your help.
Q&A: SB 1196
I thought that new Board Members only have to take a class/exam if they fail to send a note to their Board within 60/90 days of the election that they have read the by-laws and will comply with them.
Regarding the law change in July requiring new Board Members to take a class. Where and when will these classes be held. We are in Fort Pierce on South Hutchison Island.
Thank you
Did Gov. Crist sign HB 561 when he signed SB 1196? Can he veto these bills up to 07/01/2010?
RESPONSE: The bills were merged into one - SB 1196 will become law on July 1, 2010. You don't need to worry about a veto - the governor signed the bill.
I live in a small building with 60 units. I have been asking to see subleger for unit owners, but BOD refuse to provide it. President does not even pick up the certified mails that I had sent him in the past. According to our bylaws, all the unit owner equally share the operational expenses so everybody should pay the same amount every month, but that has not been happing for years. My undertanding some unit owner pay less or short pays their monthly assesments for months/years. What can I do?
RESPONSE: Please contact the Division or the Florida Condominium Ombudsman if you are denied access to the official records. Once you have access to the records you can work with the Division or counsel to determine whether there are financial issues that need to be resolved.
Can anyone tell us how can we contact Florida Condominium Ombudsman? What's their website or phone number? Thanks.
RESPONSE: Sure can - here you are:
You may e-mail your questions concerning your condominium to the Ombudsman at: ombudsman@dbpr.state.fl.us
Tallahassee Office:
Office of the Condominium Ombudsman
1940 North Monroe Street
Tallahassee, FL 32399-1008
Phone: 850.922.7671
FAX: 850.488.3395
Ft. Lauderdale Office:
Office of the Condominium Ombudsman
1400 W. Commercial Boulevard, Suite 185-P
Ft. Lauderdale, FL 33309-3791
Phone: 954.202.3234
FAX: 954.202.3237
Will the condo class for board members be available online?
If 2 out of 3 board members take the required condo course, what if anything happens to the standing of the association?
What consequence is there to losing Association status?
Does the repeal of the fire alarm requirement absolve condos that have already been cited for non compliance?
First I'd like to thank you for publishing this highly informative blog. I'm looking forward to your updates on cable/telecommunications as we are very interested in suspending these for delinquent residents.
I have a suggested question to add to your list.
Our condo provides one reserved parking space per unit, the location of which is determined by seniority. We also provide additional parking for residents and guests, and there are plenty of spaces, but it is not as convenient. It is very irritating to see someone who is months behind on their maintenance fees parking in a choice spot. Would it be legal for us to suspend reserved spaces for delinquent residents and force them to park in the additional/guest parking area.
Thank you for your help.
Did you know Verizon offers bulk packages now as well? We are in parts of Hillsborough, Polk, Pasco, Manatee, Pinellas, and Sarasota counties. Send me an email for a very competitive proposal. Thanks!
We have a large picnic area (20x42) concrete slab, can the HOA board charge a fee to use this area.
RESPONSE: This type of question requires an analysis of the governing documents to answer.
I have been paying my rent to the condo assoc for the last two years. They have been charging me double the h.o.a. fees, with new law I should be only responsible for each month only?
the bank is holding this property, now the condo assoc says I must pay them rent. The bank can evict me at any time, and the condo assoc has my money for that month. What is my responsiblility to pay each month
Does the Board of Directors have to notify the community with their intent to hire a Property Manager, as well as their firing of the office administrator of 10+ years (on the spot) without anyones prior notification. Thanx!!
You said to "Check back in a few weeks - we will be sure to post something related to suspending cable/television programming and are planning a webinar devoted to telecommunication issues in light of SB 1196." Are there any new findings related to suspending cable tv to delinquent owner/units?
Is the use of Laudry rooms part of the suspencion of the use of common elements to those who are behind on their HOAs after 90 days as per the new Law?
RESPONSE: I don't see why not, the laundry rooms do not provide access or allow egress from the unit.
Our condo association fees include cable TV (Comcast). We have indivdual cables that can be diconnected for each unit. With proper notification, can our Board of Directors disconnect cable TV to units that have not paid dues for more than 90 days?
RESPONSE: This is a debatable issue that depends upon the specific facts. Please address this issue with counsel, as there is no "one size fits all" answer.
pine ridge at haverhill condo assoc. appears to be buying units is this allowable
You said to "Check back in a few weeks - we will be sure to post something related to suspending cable/television programming and are planning a webinar devoted to telecommunication issues in light of SB 1196." Are there any new findings related to suspending cable tv to delinquent owner/units?
RESPONSE: The Division of Florida Condominiums, Timeshares and Mobile Homes is of the position (official position) that cable is a utility and therefore cannot be suspended. I am not aware of any caselaw on this issue. Some of the providers will not allow the association to suspend one user, while others will. Whether to suspend cable or other television programming needs to be discussed with counsel as each community has different considerations to take into account.
I am a Board member and the only Board member denied access to Association office.
What recourse do I have?
Thank you,
Mark Glickman
RESPONSE: Board policies (such as office hours) are established by each board.
What takes precedence, Florida Statutes 718 and 720 or the Condo Declaration.
RESPONSE: Depends. Counsel must perform an analysis to determine which controls if the answer is not obvious.