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Subject: New Florida Condo Laws
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Author Messages
DonnaS
(Tennessee)

Posts:5671


05/18/2009 8:22 AM  


Just to share this info with all of the Florida Condo folks.

" Director Delinquencies: The 2008 change to the statute provided that if a director was delinquent by more than 90 days in the payment of regular assessments, they were disqualified from further board service. The new law also states that a director is disqualified from continuing on the board if they are more than 90 days delinquent in the payment of a fine, fee, or any type of assessment, whether regular or special.

- Director Certification: The law will no longer require that the association's first notice of annual meeting include a form signed by candidates which certify that the candidates have read and will enforce the provisions of the condominium documents and Florida law. ((((However,)))) under the new law, directors who are elected will be required to certify in writing that they have read the condominium documents and will uphold them to the best of their ability. This certification must be made to the board's secretary within 90 days of election. Alternatively, a newly elected director may submit a certificate of completion of an educational program administered by the State. Failure to timely file the written certification or educational certificate automatically disqualifies the director from service on the board
MaryA1


Posts:0


05/18/2009 8:54 AM  
Donna,

This is what I call "feel-good" legislation. Any director can just attest to having read and will uphold the gov docs whether they have or not, right? There may be some who will take the state sponsored courses but they may be few and far between.
DonnaS
(Tennessee)

Posts:5671


05/18/2009 9:29 AM  

Mary,

This is the watered down version of the proposed legislation which would require a Director to attend a given number of hours classes which would have been controlled by the State.
It probably did not get passed for 2 reasons. Money being number one and some stinkin legal group fighting against it.
RobertR1
(South Carolina)

Posts:5164


05/18/2009 1:59 PM  
Donna,
Is this all that is new in Florida Condo law? I was hoping for some strong legislation that could serve as a model for the other states.

Sad to say, I think Florida is letting the special interests and the legislative bent on spying Pots of Gold to dip into or create, more important than help for their hammered condo society. Same is true for HOA's, they had a great idea with the Ombudsman thing and blew that.
DonnaS
(Tennessee)

Posts:5671


05/18/2009 2:30 PM  

Robert,
Google in "Fl Statutes 718" and go down to the 4th item---2008 Statutes

This is the entire law section and it will put to rest any concerns that Florida is dropping the ball for the condo Statutes. The Ombudsman is still alive and well.
AnnaD2
(Florida)

Posts:944


05/18/2009 2:46 PM  
Donna, I was NOT happy when I read this the other day. The 90-day delinquency for board members just isn't enough. With this law they can stay 89 days behind in their fees, for month after month after month. Of course, with our association, once they go past 30 days we start the "letter process" of filing a lien.

The form that must be submitted within 90 days of being elected reads: "I _______________,certify that I have read and understand to the best of my ability, the governing documents of___________________". Or something like that. Signing a piece of paper doesn't prove squat. Why should board members take any type of educational classes when they can just sign a piece of paper?

The legislature didn't even consider the most important proposed bill. The one that would make banks responsible for paying maintenance fees once they've taken over the property.
JonD1


Posts:0


05/18/2009 5:50 PM  
http://blogs.sun-sentinel.com/consumerblog/2009/05/should-lawmakers-take-more-money-from-condominium-trust-fund.h


From one of the articles on this home page sounds like the trust fund has become a source of funds for the Florida government to raid.

And those that paid into the fund will get zip.

If you rely on the government to solve your problems with laws and new departments don't hold your breath.

They have more important things to do with your money............
RobertR1
(South Carolina)

Posts:5164


05/18/2009 6:40 PM  
AnnaD,
This is another part of that proposed legislation I believe should have been passed.
"The legislature didn't even consider the most important proposed bill. The one that would make banks responsible for paying maintenance fees once they've taken over the property. "
I bow to Donna's critique and am sure things were traded off, but all I can say is the Banks or Loan Companies should be forced to pay assessment during foreclosure. I don't think there is any state that addresses this issue. Lots of times the banks will pay assessments just to maintain a good citizen posture and they add the assessment cost on to sale price anyway. It appears from some Florida stories the Lending companies refusal to pay assessment is putting a big time hurt on some condo regimes. I know that some of the lenders during the S and L crises around here paid assessment fees. Of course when you buy a place going through foreclosure, you can never be sure of much of anything.
SandraE3
(Florida)

Posts:1


01/08/2018 5:52 AM  
I have noticed that the new Condo laws are more stringent than our HOA laws - How do we get the legislature to adopt the same laws for both. In our HOA of 612 units -w e allow people to collect proxy and vote them - one woman collected over 50 that easily swung the election for some that others did not want reelected - how can we get the ballot part of the condo law to also apply to the HOA laws...that way the statement of interest would be mailed out at least 45 days in advance and ballots returned and counted at the yearly election meeting.
DouglasK1
(Florida)

Posts:1153


01/08/2018 1:48 PM  
Posted By SandraE3 on 01/08/2018 5:52 AM
I have noticed that the new Condo laws are more stringent than our HOA laws - How do we get the legislature to adopt the same laws for both. In our HOA of 612 units -w e allow people to collect proxy and vote them - one woman collected over 50 that easily swung the election for some that others did not want reelected - how can we get the ballot part of the condo law to also apply to the HOA laws...that way the statement of interest would be mailed out at least 45 days in advance and ballots returned and counted at the yearly election meeting.


It is generally preferred on this board to start a new topic rather than reopen an ancient one, but in answer to your question, the first step would probably be to contact your state representative to make your views known and find out what their plan is.

Beyond that, you could contact other representatives, but since you are not in their district, they might not be interested in you. As far as I know there is no grass roots organisation pushing this statewide.

Escaped former treasurer and director of a self managed association.
JohnC46
(South Carolina)

Posts:7594


01/08/2018 2:18 PM  
Posted By SandraE3 on 01/08/2018 5:52 AM
I have noticed that the new Condo laws are more stringent than our HOA laws - How do we get the legislature to adopt the same laws for both. In our HOA of 612 units -w e allow people to collect proxy and vote them - one woman collected over 50 that easily swung the election for some that others did not want reelected - how can we get the ballot part of the condo law to also apply to the HOA laws...that way the statement of interest would be mailed out at least 45 days in advance and ballots returned and counted at the yearly election meeting.




She simply out foxed you. You could have done the same thing as you choose not to, does this make it wrong?
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Forums > Homeowner Association > HOA Discussions > New Florida Condo Laws



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