A vote may take place on SB 1196 this week. CALL urged its members to notify senate members about opposition to the bill.
SB 1196 is anti-consumer legislation that leaves home buyers out in the cold, while developers are off the hook for shoddy or defective common area improvements.
Attention HOA and other home owners, board members and CAMs: There is an attempt to legislatively control (and limit) homeowner rights and remedies for construction defects. As I explained in Homeowners’ Associations: New Ruling Supports Compensation for Construction Defects and Florida Supreme Court to Decide Whether Homeowners Associations Entitled to Implied Warranties the HOA statutes do not provide homeowners… Continue Reading
We are pleased to announce that HB 1195 passed out of the Legislature today and will now be sent to the Governor for action. We have no reason to believe the Governor will veto the bill, but final confirmation normally takes a matter of 3 or 4 weeks. Here is a summary of the issues CALL worked on and drafted language for which are contained within this bill…
The Firm recently published its last community association newsletter for the year. For the past few years Volume XII of Community Update is a Year In Review. We take this opportunity to re-visit the articles that appeared in our publication during the past year and hope you find it useful as a reference to the… Continue Reading
As you already probably know, the Condominium Act was amended as a result of SB 1196. Newly elected Board Members must either take a state approved educational course to qualify for Board service or submit a written certification to the Secretary of the Association. Becker & Poliakoff is pleased to inform you that we have been approved… Continue Reading
The Community Association Leadership Lobby (CALL) Announced Last Week it is Working on a ‘Glich’ Bill to Clarify Several Community Association Rights and Remedies. The purpose of the CALL bill is to make proposed changes to Chapters 718, 719 and 720, Florida Statutes to address certain “glitches” resulting from SB 1196. Co-Executive Directors Yeline Goin… Continue Reading
As a result of SB 1196, the law now prohibits HOA directors, officers, or committee members from receiving any salary or compensation from the association for the performance of his or her duties as a director, officer, or committee member. This is basically the same rule that applies to condominium association directors. However, Section 720.303(12), Florida… Continue Reading
SB 1196 made significant changes to the statutes regarding year-end financial reporting requirements for condominium and homeowners’ associations. Condominium Associations Condominium associations must provide their members with a year-end financial report (or notice that a report is available, free of charge) within 120 days of the end of the fiscal year. The level of required financial report depends… Continue Reading
Can your association collect rent from tenants? Can your association disable a key fob or entry device if an owner doesn’t pay? High-rise building owners – are you familiar with changes to the fire sprinkler retrofit laws? Do your community documents give mortgagees a free ride after foreclosure? We will answer these questions and more… Continue Reading
SB 1196 Includes New Remedies for Collecting Money Owed to Associations. Community leaders and managers have complained for years about investor owner delinquencies. Why should the owner continue to collect rent from his or her tenant without paying maintenance fees and/or assessments? Sure, both the Condominium and Homeowners Acts allowed the association to apply to the Court… Continue Reading
Associations have new enforcement mechanisms available – due process requires careful planning & paperwork for associations to take advantage of these new remedies effectively.
The law isn’t even effective yet and everyone wants to know where, when and whether they need the “board certification” required by the changes to §718.112(2)(d), Florida Statutes in SB 1196. All good questions but please let me clarify – condo directors elected after the effective date of the law either need to provide the association… Continue Reading
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… Continue Reading
Community association leaders and managers should become aware of changes to record inspection obligations now that SB 1196 has been signed into law. Roster List (Condo): The roster list is an important document. Telephone numbers have traditionally been included in the roster list, despite objections over the years. The roster list also includes email addresses… Continue Reading
Concern for Florida’s Consumers Important in Decision to Veto SB 2044 (Property Insurance) and SB 1964 (Design Professional Liability). Governor Crist vetoed SB 2044, despite support from the Florida Insurance Commissioner and other industry representatives. The Governor expressed his concerns that increases in insurance premiums and changes to mitigation discounts would be especially hard on Florida’s… Continue Reading
SB 1196 contains significant changes for community associations. Governor Crist had until June 1, 2010 to act on SB 1196. While I have included bullet point explanations of some of the changes, over the next few weeks please check for more in depth information about how these new provisions will impact your association’s operations. Community associations across… Continue Reading
SB 1196 creates new Sections 718.701 through 718.708 entitled the “Distressed Condominium Relief Act”. The intent of these provisions is to encourage investors to buy unsold developer inventory, with the goal of stabilizing the condominium market.
A number of bills CALL tracked this session were sent to Governor Crist recently. He has until June 1, 2010 to act (veto or sign) on the following bills: SB 1196, Relating to Community Associations HB 663, Relating to Building Safety HB 713, Relating to Department of Business and Professional Regulation HB 1035, Relating to Elevator Safety HB 1411, Relating… Continue Reading
Webinar on Friday, May 21, 2010 from 10:00 AM – 11:30 AM EDT 2010 FLORIDA LEGISLATIVE SESSION: What you need to know about NEW laws affecting Community Associations Join Becker & Poliakoff’s Community Association Leadership Lobby (“CALL”) for a live web seminar about which bills passed, which ones didn’t and what you need to know… Continue Reading
Today the Florida House of Representatives overwhelming passed CS/CS/CS/SB 1196 (passed on 4/16/2010 by the Florida Senate) sending it to Governor Crist for his signature.
The Regular Session ends April 30th. We’ve previously highlighted changes in SB 1196 and HB 561 that would impact Condos & Co-Ops, here is some information for HOA leaders and managers: Records Access: §720.303(5) Owner entitled to presumption that Association willfully denied record access after 10 business days if owner submits request via certified mail, return… Continue Reading
There are only a few short weeks left for Florida’s elected officials to pass meaningful legislation and at this point in the session it seems that the HB 561/SB 1196 Bill Package is the most likely to pass. These bills are in a constant state of flux and the information below only highlights major points in the bills… Continue Reading
This week marks the final three weeks of the 2010 Legislative Session. The Regular Session is scheduled to end “Sine Die” on Friday, April 30. This, folks, is when things get…how shall…I say it….uh, interesting.