Florida Condo & HOA Legal Blog : Florida Condo Lawyer & Attorney : Becker & Poliakoff Law Firm : Condominium & HOA Law Blog

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 to Timeshare Foreclosures

We've included bullet point summaries of SB 1196 on this blog, but refer you to the actual text of the bill for more complete information.  Community Update will outline the impact of important bills on community associations - Becker & Poliakoff''s association clients will receive the electronic version shortly.

The Governor's office is in the process of reviewing SB 1964.  We've included concerns about this bill before in Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law.  In 1999, the Florida Supreme Court codified a long standing principle that design professionals should be held accountable for economic loss damages that they cause just like other professionals in Florida. Board certified construction law attorney Steve Lesser said the following:

[Design professionals] have an obligation to design to meet code and protect the health, life & safety concerns of consumers.  An error in design judgment can be devastating to a unit owner and homeowners that cause damages and in fact- economic damages.  An elevator that fails to operate at the appropriate speeds and breaks down results in loss of use which is an economic loss.  Imagine how this could impact elderly unit owners.  A parking garage that is not properly shored up based on engineering calculations can result in economic loss.  These consumers are largely lay persons that often sign agreements (presented by the professional) that contain limitation of liability clauses. 
 

Please contact the Governor's office to express your support or opposition to 2010 legislation.  Make your voices heard in Tallahassee. 

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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.

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