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Florida 720 Revisions

Started by PeterB1 • 23 replies • 3638 views

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PeterB1 (Florida)
Posts: 257
Posted:
Any of you Florida residents know how or where to get a copy of the 'revised' 720? The Governor signed SB 1196 and that added some new sections to 720. I want one document - the complete 720.

Thanks.
SureshD
Posts: 268
Posted:
The current statutes can always be viewed here:
http://www.flsenate.gov/statutes/index.cfm?App_mode=display_statute&URL=Ch0720/ch0720.htm

The revisions will be included as soon as they are valid. I believe as is typically the case that will be in July.

In the future, just Google: "Florida 720" or similar to get a link.
JaneD (Florida)
Posts: 7
Posted:
Our HOA Attorney sent us an overview of the changes. There is one positive law effective July 1st, tenants leasing units which owners are more than 90 days delinquent, the HOA can collect dues from the tenant. if tenant refuses, the HOA can evict. we have a few delinquent landlords collecting rent; they put the $$ into their pockets and do not pay the mortgage or assessments.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Not very good news for tenants is this? I would now think twice before renting and that isn't good news for owners who do pay their dues and need to find a tenant. The reason behind this change is understandable for the HOA but it seems to cutting off your nose to spite your face.
PeterB1 (Florida)
Posts: 257
Posted:
Unfortunately, the site quoted above only posts updates thru 2009. The only text I can find for SB 1196 is the marked up version from the Senate repository.

Any other sources? This becomes effective on July 1 and I would like to read it!
MaryA1 (Arizona)
Posts: 7,043
Posted:
Peter,

All you have to do is wait until after 7/1 and the revised statute should be posted online. This is what I'm waiting to do here in AZ for the HOA statute that was changed. What I generally do is make a note on the bill of what statutes are being changed. That way when the changes to the statutes have been made in July I will know exactly what statutes need to be recopied. This way you won't have to copy all of FL 720, only the sections that have been changed or added.
PeterB1 (Florida)
Posts: 257
Posted:
Something magic about 7/1? Postings seem to be annual.
SureshD
Posts: 268
Posted:
No magic, thats when they become effective.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Peter,

In AZ it may not always be 7/1. Our constitution requires that no law may go into effect until after 90 days after the legislature has adjourned, except for appropriations (budget) bills.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Peter,

As long as I have been involved in Florida HOA's it has always been 7/1 for the start of new hoa legislation. Must be some weird reason that this date sticks out.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Donna,

FYI

Following is the FL law, from Article III, Section 9 of the FL Constitution:

"SECTION 9. Effective date of laws.--Each law shall take effect on the sixtieth day after adjournment sine die of the session of the legislature in which enacted or as otherwise provided therein. If the law is passed over the veto of the governor it shall take effect on the sixtieth day after adjournment sine die of the session in which the veto is overridden, on a later date fixed in the law, or on a date fixed by resolution passed by both houses of the legislature."

DonnaS (Tennessee)
Posts: 5,671
Posted:

Mary,

Danke Schoen for the info.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Donna,

Gracia!
PeterB1 (Florida)
Posts: 257
Posted:
Thanks all. Sorry that my follow-up question was unclear.

I know the effective date - July 1, 2010. What I am looking for is a clear text of the new law. I know where the laws are published - but, they are published by year and 2010 is not an available option.

I did find a 'working' copy with changes, adds, and deletes - almost impossible to read.

peter
SureshD
Posts: 268
Posted:
Peter,

The original link...

http://www.flsenate.gov/statutes/index.cfm?App_mode=display_statute&URL=Ch0720/ch0720.htm

...takes you to the current enforceable statutes.

When updates/revisions become effective the date will change and content will reflect them.
BarbaraD6 (Florida)
Posts: 347
Posted:
Jane,

I have just been informed that you can only get the monthly fee from the tenant not back dues. I had originally been told we could get all the dues owed on the unit so this is a disappointment.

Barbara
PeterB1 (Florida)
Posts: 257
Posted:
Well, July 1st has passed and the changes to 720 don't seem to be posted anywhere.

Suggestions????
DonnaS (Tennessee)
Posts: 5,671
Posted:

Peter,
So far, they are not posted but you can find bits and pieces. Here is what some are looking for.

"§ 720.3085. Payment for assessments; lien claims

(1) When authorized by the governing documents, the association has a lien on each parcel to secure the payment of assessments and other amounts provided for by this section. Except as otherwise set forth in this section, the lien is effective from and shall relate back to the date on which the original declaration of the community was recorded. However, as to first mortgages of record, the lien is effective from and after recording of a claim of lien in the public records of the county in which the parcel is located. This subsection does not bestow upon any lien, mortgage, or certified judgment of record on July 1, 2008, including the lien for unpaid assessments created in this section, a priority that, by law, the lien, mortgage, or judgment did not have before July 1, 2008.
LoriL1 (Florida)
Posts: 78
Posted:
Try this link:

http://laws.flrules.org/2010/174

I believe this document includes all the 2010 legislative changes (718, 719 & 720).

MaryA1 (Arizona)
Posts: 7,043
Posted:
Peter,

If FL is like AZ, the changes won't be posted anywhere but instead the statutes being amended in the bill will just be changed to reflect the amendment. That's why I suggested you make a note of the particular sections of 720 or 718 that are being amended so that when the amendment becomes effective you will only have to print out those amended sections.
SureshD
Posts: 268
Posted:
You expect too much from the State in terms of punctuality.

Here is the entire 720 statutes updated for 2010 without having to "wade" through alot of other nonsense:

http://www.ccfjedu.net/HOAFS720-2010.htm

This site is also an excellent collection of HOA related information. Enjoy.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Suresh,

Wow, you really suprised me on referring to CCFJ, which is quite anti Board and HOA. There are some old posts on this subject. I want to see what the State has posted, not what they have gotten their hands on.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Donna,

Agreed. By obtaining the info from the State Legislature website you know you've got the correct info!
SureshD
Posts: 268
Posted:
Suit yourselves.

I have never found a discrepancy. In fact the CCFJ posted text reflects the updates provided to us by our legal council.

They have no reason to mislead as it would undermine their credibility.

I always review multiple sources and make my own opinion(s).

Now if it were FOX News... then I would be inclined to agree with you!

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