Senator Danny Burgess Files SB 1296 (Creation of HOA Ombudsman Office)  ---   Senator Ana Maria Rodriguez Files SB 394 (Mandatory Board Certification)  ---   Victor Torres, Kristen Arrington bills target HOA fines, liens

 

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HOA REFORM BILLS

(Legislative Session 2022)

  

PRIORITY

HOA/CONDO BILLS FILED:

 

SB 274 (Summary): Condominium Fraud Investigation Pilot Program (Senator Ana Maria Rodriguez)

Condominium Fraud Investigation Pilot Program; Creating the Condominium Fraud Investigation Pilot Program within the Department of Legal Affairs in the Office of the Attorney General; authorizing the department to contract with a private entity to achieve the purpose of the program; requiring that the pilot program be funded from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund; providing for future repeal of the program unless reviewed and saved from repeal by the Legislature, etc.

   

SB 394 (Summary): Residential Associations

(Senator Ana Maria Rodriguez)

Residential Associations; Revising certification and education requirements for board directors of residential condominium associations, cooperative associations, and homeowners’ associations, respectively, etc.

 

HB 329 (Summary): Community Association Databases (Representative Nicholas Duran)

Community Association Databases; Directs Division of Florida Condominiums, Timeshares, & Mobile Homes to create, maintain, & update publicly-accessible Internet database of condominium & homeowners' associations in state by specified date; requires certain information to be included in database; requires legislative appropriation from Division of Florida Condominiums, Timeshares, & Mobile Homes Trust Fund to create, operate, & maintain database

 

HB 547 (Summary): Residential Association Board of Directors (Representative David Borrero)

Residential Association Board of Directors; Revises certification & education requirements for board directors of residential condominium associations, cooperative associations, & homeowners' associations.

 

SB 642 (Summary): Community Associations (Senator Ana Maria Rodriguez)

Community Associations; Requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation to establish a searchable database by a specified date which contains specified information regarding each condominium association in this state; requiring the division to establish a searchable database by a specified date which contains specified information regarding each homeowners’ association in this state, etc.

 

HB 811 (Summary): Condominium Association Complaints and Investigations (Representative Tom Fabricio)

Condominium Association Complaints and Investigations; Creates investigative unit within FDLE to investigate complaints that allege criminal activity in connection with residential condominium association; requires certain personnel in investigative unit; requires division to review complaints within specified timeframe & take specified actions; provides powers of & requirements for department.

 

SB 880 (Summary): Condominium Associations (Senator Jason Pizzo)

Condominium Associations; Revising the parties considered to be the defendants in a tax suit; revising criminal penalties relating to the acceptance of things or services of value or kickbacks; requiring an association to provide an itemized list and a sworn affidavit to persons requesting to inspect records; specifying acts that comprise fraudulent voting activities relating to association elections; revising the jurisdiction of the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation with regard to investigating complaints, etc.

 

HB 1033 (Summary): Homeowners' Associations (Representative Mike Beltran)

Homeowners' Associations; Authorizes parties to initiate nonbinding arbitration rather than presuit mediation for certain disputes; creates Office of Homeowners' Association Ombudsman within DBPR; provides for funding of office; directs Governor to appoint ombudsman; prohibits ombudsman, officers, & full-time employees from engaging in certain activities or receiving certain remuneration; provides for principal location of ombudsman's office; provides powers & duties of ombudsman.

 

HB 1039 (Summary): Fines Levied by a Homeowners' Association (Representative Kristen Arrington)

Fines Levied by a Homeowners' Association; Provides that fine levied against member or the tenants, guests, and invitees of the member may not become lien against parcel.

 

SB 1296 (Summary): Homeowners’ Association Ombudsman (Senator Danny Burgess)

Homeowners’ Association Ombudsman; Creating the Office of the Homeowners’ Association Ombudsman within the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation; directing the Governor to appoint an ombudsman; requiring the ombudsman to be an attorney admitted to practice before the Florida Supreme Court; prohibiting the ombudsman and officers and full-time employees of the office from holding certain positions, engaging in certain activities, or receiving certain remuneration; providing for the administration of an election monitoring process, etc.

 

SB 1362 (Summary): Fines Levied by a Homeowners’ Association (Senator Victor Torres)

Fines Levied by a Homeowners’ Association; Providing that a fine levied against a member or the tenants, guests, or invitees of a member may not become a lien against a parcel, etc.

 

SB 1364 (Summary): Levying of Fines by Homeowners’ Associations (Senator Victor Torres)

Levying of Fines by Homeowners’ Associations; Removing the authority of a homeowners’ association to levy fines, etc.

 

HB 1371 (Summary): Display of Flags in Residential Associations (Representative Jenna Persons-Mulicka)

Display of Flags in Residential Associations; Authorizes unit owners of condominiums & homeowners to display up to two specified flags regardless of governing documents of association; removes restriction on unit owners that flags may only be flown on certain days; defines the term "first responder flag"; authorizes civil cause of action; provides for attorney fees & costs; prohibits certain homeowners' association from precluding property owners from displaying certain flags; requires such flags be displayed in certain manner.

HB 1391 (Summary): Community Associations' Building Inspections (Representative Joseph Geller)

Community Associations' Building Inspections; Requires certain buildings to be inspected upon building reaching 30 years of age & every 5 years thereafter; requires inspection be completed by specified architect or engineer; requires boards of such community associations to convene within specified time after receipt of inspection report for specified purpose; requires associations to provide copy of inspection report to local authority having jurisdiction & make report available to its members within specified time; requires copy of inspection report be maintained in associations' official records; requires developer to provide specified inspection report upon transition of association control under certain circumstances.

  

HB 1393 (Summary): Condominium and Cooperative Associations (Representative Joseph Geller)

Condominium and Cooperative Associations; Revises & provides bylaw provisions for condominium & cooperative associations relating to waiving or reducing amount of reserve funds, reserve fund study requirements, annual structural inspections of buildings, structural & electrical recertification inspections, recertification reports, completion reports of remedial action, penalties for failing to submit certain reports, & mandatory evacuations; revises documents that must be delivered to prospective buyer or lessee of residential unit; revises contract clauses for resale of residential unit; requires construction & renovation of residential condominium & cooperative buildings to comply with Florida Building Code; provides requirements for waterproofing measures of certain elements of community associations in Florida Building Code.

   

HB 1397 (Summary): Condominium Associations (Representative Joseph Geller)

Condominium Associations; Authorizes person or entity completing financial report for association to rely on specified inspection report; restricting association from waiving financial report for more than specified period; requires association to provide candidate's certification form to unit owners for specified purposes; requires board to have certain condominium buildings inspected every 5 years by architect or engineer; requires architect or engineer to provide certain report back to board.  

 

SB 1702(Summary): Mandatory Building Inspections (Senator Jennifer Bradley)

Mandatory Building Inspections; Specifying that the purpose of a milestone inspection is not to determine compliance with the Florida Building Code; requiring owners of certain multifamily residential buildings to have milestone inspections performed at specified times; requiring the boards of administration for condominium and cooperative associations to arrange for milestone inspections of condominium buildings and cooperative buildings, respectively; requiring architects and engineers performing a milestone inspection to submit a sealed copy of the inspection report to certain entities, etc.

 

SB 1716 (Summary): Display of Flags in Residential Associations (Senator Dennis Baxley)

Display of Flags in Residential Associations; Authorizing unit owners of a condominium to display no more than a certain number of specified flags regardless of certain prohibitions in the governing documents of the condominium association; defining the term “first responder flag”; authorizing homeowners to display specified flags regardless of certain prohibitions in the governing documents of the homeowners’ association; prohibiting certain homeowners’ association documents from precluding property owners from displaying certain flags, etc.

     

SB 1774 (Summary): Condominium Associations (Senator Jason Pizzo)

Condominium Associations; Authorizing the person or entity preparing the financial report for an association to rely on a specified inspection report; requiring an association to provide a board candidate’s certification form to unit owners for specified purposes; requiring a board to have certain condominium buildings inspected every 5 years by an architect or engineer, etc.

 

SB 1780 (Summary): Community Associations’ Building Inspections (Senator Jason Pizzo)

Community Associations’ Building Inspections; Requiring that residential condominium, residential cooperative, and homeowners’ association buildings be inspected upon reaching 30 years of age and every 5 years thereafter; requiring that the inspection be completed by a specified architect or engineer; requiring the boards of a condominium association, cooperative association, and homeowners’ association, respectively, to convene within a specified time after receipt of the inspection report for a specified purpose; requiring that a specified inspection report be maintained as an official record of condominium associations and cooperative associations, respectively, etc.

    

SB 1942 (Summary): Condominium and Cooperative Associations (Senator Jason Pizzo)

Condominium and Cooperative Associations; Requiring that the Florida Building Code require enhanced waterproofing measures for certain elements of community associations; prohibiting a developer or condominium or cooperative association, respectively, from waiving or reducing the amount of its reserve funds; requiring elected or appointed board members to complete an educational curriculum within a specified time and submit a certificate of completion to the secretary of the association; requiring the board to hire a licensed structural engineer to conduct an annual inspection of association property; revising the documents that must be delivered to a prospective buyer or lessee of a residential unit, etc.

 

HB 6103 (Summary): Levying of Fines by Homeowners' Associations (Representative Kristen Arrington)

Levying of Fines by Homeowners' Associations; Removes authority for homeowners' association to levy fines; removes requirements relating to levying of fines.

 

SPB 7042 (Summary): Community Association Building Safety (Regulated Industries)

Community Association Building Safety; Revising the types of records that constitute the official records of a condominium association; revising requirements for association budgets; requiring that certain residential condominium buildings have milestone inspections performed at specified times; requiring associations to provide for the maintenance, repair, and replacement of association property; authorizing boards to adopt a special assessment or borrow money for certain reasons without unit owner approval, etc.

 

YOU FIND THE ANALYSIS OF THESE BILLS ON THE WEBPAGE OF OUR

LEGISLATIVE AFFAIRS COMMITTEE