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New Law Impacts 55+ Communities

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Q: I heard there is a new law that impacts the registration process for “55+” communities. What are the details? R.W.

A: You heard correctly. Effective July 1, 2020, Section 760.29(4) of Florida Statutes was amended to delete the requirement for “housing for older persons communities” (often called “55 and over communities”) to register with the Florida Commission on Human Relations. The previous law required registration to be updated every two years. This change will save your association time and resources.

The association must still meet all other legal eligibility requirements. These include the requirement that at least 80% of the occupied units be occupied by at least one individual over the age of 55, and that appropriate age verification procedures and updates are in place.

Q: One of the directors at my condominium resigned. The rest of the board held a closed board meeting to discuss the potential candidates to fill the vacancy. The board made the decision on who to appoint at this closed board meeting and, thereafter, sent an e-blast to the community notifying them of the new director. Was this legal? D.D.

A: No. This type of discussion does not fall within the “personnel” closed board meeting exception contained within the Florida Condominium Act. The term “personnel” would not encompass unpaid volunteer Directors. This decision needs to be made at a duly noticed open board meeting.

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