2015Florida Proposed Laws Affecting Community Associations
(Bills 1 to 9035)
Last Updated 4.16.15 – Version 3
HB 87
SB 418 / Judiciary (3/3)
Banking and Insurance(2/3) / Notices for Construction Defects / Amends Ch. 558 which requires a claimant (homeowner, association or commercial property owner) to give the contractor or other construction professionals a statutory notice of defective conditions and the opportunity to inspect prior to bringing a claim. The proposed changes (per latest amendment to the bill) will require the claimant to provide greater specificity on the location of each defect likely increasing the costs to investigate suspected defects prior to making a claim. The bill will also require a claimant to deliver copies of maintenance records for the subject property.
SB 168
HB 97 / Floor
Civil Justice (2/4) / Mobile Home Parks / Revises definition of term "mobile home park" to clarify that it includes certain lots or spaces regardless of rental or lease term's length or person liable for ad valorem taxes
HB 217
SB 338 / Passed Floor – Now in Senate
Fiscal Policy (3/3) / Engineering / Prohibits person who is not licensed as engineer or structural engineer from using specified names & titles or practicing engineering or structural engineering; exempts certain persons from licensing requirements.
HB 307
SB 662 / Floor
Appropriations (3/3) / Mobile Homes / Division of Florida Condominiums, Timeshares, & Mobile Homes to approve training & educational programs for board members of mobile home owners associations; provides requirements for education curriculum information for board member & mobile home owner training; revises mobile home owner's general obligations; provides & revises requirements for lot rental increases; revises provisions relating to rights of purchasers of lifetime leases; provides for removal of member of board of directors; revises quorum & voting requirements; revises provisions relating to board of directors, committee, & member meetings; revises requirements for amendment of articles of incorporation & bylaws; revises requirements for recall of board members; provides requirements for alternative resolution of recall disputes; specifies certification or educational requirements for newly elected or appointed board member; revises & provides requirements relating to official records of association.
HB 345
SB 708 / Local Govt Affairs(1/3)
(0/3) / Code Enforcement / Provides training requirements & certifications for code enforcement officers.
SB 348
SB 748
HB 791 / (0/3)
Judiciary (2/3)
Finance & Tax (2/3) / Condominiums, Coops / SB 348: Clarifying the voting process pertaining to reserves; adding conditions under which certain unit owners are entitled to elect at least a majority of the members of the board of administration of an association; revising the conditions under which certain grants, reservations, or contracts made by an association may be canceled; providing a directive to the Division of Law Revision and Information; limiting the rights of bulk-unit purchasers and lender-unit purchasers to vote on reserves or funding of reserves, etc. SB 748 : Providing that any copy, facsimile, or other reliable reproduction of the original proxy may be substituted and used in lieu of, and for the same purposes as, the original proxy if the reproduction is a complete reproduction of the entire proxy; providing that the association may recover from the unit owner or parcel owner a reasonable charge imposed by a management or bookkeeping company, or collection agent, incurred in connection with a delinquent assessment, etc.. HB 791: Covers items in both Senate bills.
HB 381
SB786 / Floor
Reg Industries (2/3) / Vehicle Towing / Provides for removal of vehicle or vessel by cooperative association or homeowners' association; revises requirements for removal of vehicle or vessel from property without owner's permission; revises notice & signage requirements.
HB 447
SB 1206 / Finance & Tax (1/3)
(0/3) / Taxes on Common Element of Subdivision / Provides for assessment of ad valorem taxes & non-ad valorem assessments against certain common elements of subdivision; prohibits such common elements from being prorated by property appraiser & included in assessment of lots within subdivision.
HB 709
SB 500 / Civil Justice (1/4)
(0/4) / Mobile Homes / Requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to provide notice to the homeowners’ association of a proposed amendment to a prospectus before authorizing such amendment; requiring that additional information be provided in the prospectus which advises the mobile home owner of consequences if the land use is changed; requiring the division to enforce certain rental agreement provisions, etc. See SB 168
HB 501
SB 1158 / Judiciary (2/2)
(0/3) / Statute of Repose / Reduces rights of owners to bring claims for construction defects to a maximum of 7 years, reducing time from current limit of 10 years. This does not affect the 4 year limitation for known claims. Will reduce rights of homeowners, condominium associations, government and homeowner associations. Potential to allow a developer to retain control of an association until after repose has extinguished all potential claims. Note the sponsor is Jacksonville Representative Jay Fant.
HB 507
SB 1130 / Reg Affairs (2/2)
Fiscal Policy (3/3) / Insurance – Discounts for Windstorm Protection / Provides that insurer issuing policy to new policyholder may accept as valid only specified uniform mitigation verification inspection forms.
SB 524
HB779 / Banking and Insurance (1/3)
Judiciary (2/2) / Foreclosures – Rights of Tenants / Providing that a purchaser taking title to a tenant-occupied residential property following a foreclosure sale takes title to the property as a landlord; specifying conditions under which the tenant may remain in possession of the premises; prescribing the form for a 90-day notice of termination of the rental agreement; establishing requirements for delivery of the notice; providing exception, etc. May affect condo and hoa foreclosures.
SB 794
HB 941 / Judiciary (1/3)
Civil Justice (1/3) / Prejudgment Interest / Requires courts to add prejudgment interest when a judgment is awarded for monetary damages. Expands the type of cases where prejudgment interest is allowed from liquidated damage claims to all monetary claims.
HB 795
SB 926 / Heath Quality (1/4)
Fiscal Policy (2/2) / Swimming Pools / Requires routine inspections of underwater lighting in public swimming pools; requires disclosures regarding underwater lights in residential swimming pools upon sale of property; requires underwater lighting standards for residential & public swimming pools; requires code to prohibit installation or replacement of underwater lights of greater than specified voltage in new or existing swimming pools.
SB 870
HB 1211 / (0/3)
Floor / Associations – Electronic Voting / Authorizing a condominium, cooperative, and homeowners’ association to conduct elections by electronic voting under certain conditions; requiring an association to select an independent third party as an inspector of elections for certain purposes, etc.
HB 911
SB 1034 / Energy & Utilities(1/4)
(0/3) / Solar Energy – Building Code / Directs Florida Building Commission to adopt requirement within Florida Building Code that, on or after specified date, all newly constructed residential buildings have solar thermal compatible system; defines term "solar thermal compatible system."
HB 915
SB 1232 / Gov OpApprop (2/3)
Community Affairs(2/3) / Building Code & Inspections / Numerous changes to Florida Building Code.
SB932
HB 453 / Fiscal Policy (3/3)
House Floor / Timeshares / Numerous changes to Florida timeshare laws.
SB1018 / (0/3) / Condominiums / Providing that the annual budget of a multicondominium association may provide for an item that has a deferred maintenance expense or replacement cost that exceeds a specified amount if approved by the board, etc.
HB975
SB 1066 / Civil Justice (1/3)
(0/3) / Condominiums & Homeowner Assocs. / Revising the limitations on the liability of a first mortgagee or its successor or assignee who acquires title to a unit or parcel by foreclosure or by deed in lieu of foreclosure; requiring a first mortgagee or its successor or assignee to be liable for all assessments and related costs and fees which accrue from the date of the judgment of foreclosure or deed in lieu of foreclosure, etc.
HB 1151
SB1486 / Floor
Community Affairs(0/3) / Building Permits / Requiring local governments to create master building permit programs to assist builders who construct certain dwellings and townhomes on a repetitive basis; authorizing a builder to use a master building permit for individual dwellings or townhomes under certain conditions; limiting the amount a local government may charge for master building permit or site-specific building permit applications, etc.
HB 643
SB1172 / Judiciary (3/3)
Judiciary(2/3) / Condominium Termination / Provides & revises procedures & requirements for termination of condominium property; provides requirements for rejection of plan of termination; provides applicability; provides & revises requirements relating to partial termination of condominium property; authorizes plan of termination to be withdrawn, modified, or amended under certain conditions; revises & provides requirements relating to allocation of proceeds of sale of condominium property; revises requirements relating to right to contest plan of termination.
SB 1308
HB 1263 / (0/3)
Business & Professions (1/3) / Homeowner Associations / Senate: Requiring the community association manager or management firm, or the association itself, to provide a specified initial report to the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation by a specified date and to provide the report annually thereafter; providing that election disputes and recall disputes are eligible for presuit mediation; requiring the department to provide training and educational programs for homeowners’ association members, directors, and officers, etc. House: Authorizes local governing authority to enforce deed restrictions on certain property that is not part of homeowners' association; provides reporting requirements for community association manager, management firm, & association; authorizes department to arbitrate certain homeowners' association-related disputes at its discretion; authorizes mediator or arbitrator to conduct mediation or arbitration only if he or she has been certified; requires DBPR to provide training & educational programs for homeowners' association members, directors, & officers; authorizes department to enforce & ensure compliance with certain provisions and rules; provides that department has complete jurisdiction to investigate complaints relating to homeowners' associations; provides limitation on certain homeowner fees for transfer of title.
HB4021
SB 796 / Reg Affairs (2/3)
Judiciary (2/3) / Condominiums & Homeowner Associations – Financial Reporting / The bill repeals the provision that requires an association operating fewer than 50 units, regardless of the association’s annual revenues, to prepare a report of cash receipts and expenditures in lieu of preparing formal financial statements. Thus, the form of financial reporting in all associations will depend on the level of revenue.
HB 71
SB 414 / Passed – In Senate
Community Affairs (2/3) / Service Animals / House: Requires public accommodation to permit use of service animal by individual with disability; provides conditions for public accommodation to exclude or remove service animal; revises penalties for certain persons or entities who interfere with use of service animal; provides penalty for knowing & willful misrepresentation with respect to use or training of service animals. Senate: Prohibiting a public accommodation from inquiring about the nature or extent of an individual’s disability.
SB 1364
HB 539 / (0/3)
withdrawn / Group Homes / Prohibiting the colocation of a home of six or fewer residents which otherwise meets the definition of a community residential home and a community residential home within a certain distance; requiring the measuring of certain distances between community residential homes; requiring the adoption, use, and maintenance of certain security measures and practices by assisted living facilities in municipalities having a population greater than 300,000, etc.
SB 1368 / (0/3) / Tax on Real Property Rental and License Fees: / Providing an exemption from the tax for certain common area maintenance charges; defining the term “common area maintenance charges”; providing that such charges do not include certain maintenance or repair costs required to be capitalized for federal tax purposes, etc.
SB 736
HB 611 / Judiciary (2/3)
Judiciary (2/3) / Condominium & Homeowner Associations Collections & Estoppels / Changes the procedures to obtain estoppel letters by and on behalf of property owners. Places caps on charges which may increase the cost to non-delinquent owners for providing estoppel services. Imposes very severe penalties if information is late including the loss of the right to collect any of the delinquent amounts due. Creates conflicts with Federal debt collection laws. Requires payment for estoppel letters only if closing takes place.
[i] Status will reflect the name of the committee(s) where the bill must be debated and approved before reach the floor of the House or Senate for approval. The numbers in parenthesis are the number of committee stops remaining over the total number of original committee references. “Floor” means that a bill has been approved by all committees and the bill is now eligible to be voted on by the House or Senate. If a bill is reaches the floor of either chamber, then status will reflect whether the chamber has voted on the bill, approved the bill and where applicable sent the bill to the Governor for signature or veto.