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Florida Condo & HOA Legal Blog News & Updates on Condo & HOA Laws & Legislation in the State of Florida

Tag Archives: SB 1196

Legislative Proposal Could Wipe Out Common Area Warranties

Posted in Construction Issues & Contractual Disputes

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

Community Association Legislation on the Way to the Governor

Posted in Legislation

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…

Board Certification Course: “Everything You Wanted To Know About Being A Board Member But Were Afraid To Ask!”

Posted in Operations

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

Board Meetings, Collecting Management Fees & Suspending Cable Service

Posted in Legislation

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

SB 1196 Changes Law on HOA Director Compensation and Conflicts

Posted in Operations

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

Changes to Year-End Financial Reporting Requirements for Condos & HOAs

Posted in Assessment Collection

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

2010 Legislative Changes for Condos & HOAs / Capital Improvement Loans

Posted in Assessment Collection, Legislation, Operations

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

Condos, HOAs and Coops Will Have the Ability to Demand Rent

Posted in Assessment Collection, Legislation

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

Q&A: SB 1196

Posted in Legislation, Reader Q&A

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

SB 1196 Changes Condo/HOA Official Records and Record Inspection Rights

Posted in Legislation, Operations

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

Design Professional Liability and Property Insurance Bills Vetoed by Governor Crist

Posted in Construction Issues & Contractual Disputes, Insurance, Legislation

 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 Becomes Law: New Condo/HOA Regulations

Posted in Legislation

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

The “Distressed Condo Relief Act” in SB 1196

Posted in Legislation

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.

Condo/HOA Bill Presented to Governor; Governor’s Office Analyzes SB 1196, SB 1964 & Others

Posted in Assessment Collection, Foreclosures, Insurance, Legislation

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

2010 CALL Condo/HOA Legislative Webinar with Guest Representative Bogdanoff

Posted in Legislation, Operations

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

Pending 2010 Legislative Changes for HOAs

Posted in Legislation

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