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Short and Sweet Legislative Session Update

20 Mar 2018

 

Of all the bills filed regarding community associations from this 2018 Florida legislative session, only two major bills had survived by the end of the session on Friday, March 9:   HB 841, which is this year’s “omnibus” bill, and HB 617, which relates to MRTA (the Florida Marketable Record Title Act).  As of the date of writing this blog, the bills were on the way to the Governor for signature, or potentially for veto.  As such, it is important to note that as of the date of writing this blog, these bills have NOT been fully approved and are NOT yet law.  Stay tuned!  If the bills do become law, expect a more detailed update in the weeks and months to come.

Highlights from the MRTA bill (HB 617): the language introduces a new summary corrective process which should be easier on Associations reaching near their 30 year anniversary, among other changes to procedures for the Board.  The changes would be effective as of October 1, 2018. 

Highlights from the “omnibus” bill (HB 841): most of the changes within the bill are to condominiums (F.S. 718)… pushback until January 2019 for the requirement of a website for certain condos and changes to requirements for the website; changes to notice requirements for certain assessments; changes to board member term limits/multiple year terms (8 consecutive years, with certain exceptions); provisions for electronic notice of certain meetings under certain conditions; slight (but not nearly comprehensive enough) corrections to the recent changes to recalls in condominium associations; new standards for installation of electric vehicle charging stations on certain common elements in condos; changes to certain condominium association director conflict of interest statutes; and changes to fining procedures for condos (yet again!). 

For Co-Ops (F.S. 719): new restrictions on service of co-owners on the Board (similar to condos); changes to notice requirements for assessments; changes regarding use of e-mail; changes regarding electronic notice of certain meetings under certain conditions; a statement as to the ability of delinquent directors to continue to serve on the Board (similar to condos); and changes to fining procedures (yet again!). 

For HOAs (F.S. 720): new statements on the use by Board members of e-mail for communication;  provisions for electronic notice of certain meetings under certain conditions; changes to fining procedures (yet again!); fairly substantial changes regarding amendments for HOAs (including new rental restriction language effective as of July 1 and requirements for underline and strike-through notice procedures like currently exist for condos); certain election changes where nominations are held in advance of the annual meeting; and changes re accord and satisfaction for collections efforts.  

HB 841 is to be effective as of July 1, 2018.