Subscribe by Email

Articles Posted in New Legislation

Senate Bill 630, a bill that has wide support from community association industry interests across the state, passed the Florida Senate with a unanimous vote of 40 to zero. It will now move to the Florida House of Representatives for consideration.

The bill represents sweeping changes for Florida communities. It allows condominium associations to use the same non-binding arbitration process used by HOAs; increases the amount that can be charged for a transfer fee from $100 to $150; addresses insurance subrogation; and clarifies that associations’ emergency powers extend to health emergencies.

The legislation also prohibits associations from requiring certain actions relating to the inspection of records; revises requirements relating to the posting of digital copies of certain documents by certain condominium associations; authorizes condominium associations and cooperatives to extinguish discriminatory restrictions; revises the calculation used in determining a board member’s term limit; and deletes a prohibition against employing or contracting with certain service providers.

Flalegislature-300x169The bill also features several changes pertaining to electric vehicle and natural gas charging/filling stations, including: revising the requirements for electric vehicle charging stations; providing requirements for natural gas fuel stations; authorizing boards to take certain actions relating to electric vehicle charging stations and natural gas fuel stations; providing that the installation, repair, or maintenance of electric vehicle charging stations or natural gas fuel stations do not constitute material alterations or substantial additions to the common elements or association property; and providing that labor and materials associated with the installation of a natural gas fuel station may not serve as the basis for filing a lien against an association but may serve as the basis for filing a lien against a unit owner.

Continue reading

The Florida Legislature made Covid-19 civil liability protections for businesses, healthcare providers, non-profits, and other organizations a major priority for the 2021 session, and on Monday, March 29, it became the year’s first bill signed into law by Gov. Ron DeSantis. SB 72, the bill that provides several Covid-related liability protections for businesses, healthcare providers, educational institutions, government entities, religious institutions, and not-for-profit corporations such as community associations, is now the law in Florida.

Under the new law, covered entities will be shielded from civil liability for Covid-related lawsuits for monetary damages, injuries or deaths so long as the allegations do not involve gross negligence or intentional misconduct.

Flalegislature-300x169As of March 29, Florida community associations that have implemented measures to safeguard their residents and staff from the potential spread of Covid-19 in their communities and comply with local, state and federal guidelines are protected from liability for Covid-related lawsuits.

Continue reading

There are several bills being debated by state lawmakers in the current legislative session that will impact Florida community associations. The most significant proposed legislation for associations is also one of the most important for many of the state’s businesses.

HB 7, which creates COVID-19 liability protections for Florida businesses and nonprofit organizations, including community associations, has cleared its first committee stop with an 11 to 6 vote. Its advocates contend the measure is a necessary component to Florida’s economic recovery. Flalegislature-300x169The Florida House Speaker has vowed to make the bill a priority. Its next stop is the House Health and Human Services Committee.

One of the other measures that community association industry watchers are tracking is HB 21. House Bill 21 revises the requirements for construction defect causes of action relating to certain violations, and revises provisions relating to the requirements for notices of claim, property inspections, and service of copies of notices.

Continue reading

Community associations in Florida contending with fraudulent emotional support animal (ESA) requests may get some relief. Governor DeSantis signed SB 1084 into law on June 23, 2020.  The new law prohibits discrimination from housing providers to someone requiring an ESA, but also prohibits health care practitioners from providing information regarding a person’s need for an emotional support animal without having personal knowledge of the person’s need for the animal.

The law, which becomes effective on July 1, 2020, requires a patient to establish the need for an ESA by delivering to the housing provider supporting information from a licensed healthcare practitioner, a telehealth provider, or other similarly licensed practitioner, including an out-of-state practitioner who has provided in-person care or services to the patient on at least one occasion.  esupdog-300x234It is important to keep in mind that the in-person requirement is only for establishing the disability, not for establishing the need for an animal.  Housing providers may establish a routine method for receiving and processing ESA requests. However, they cannot require the use of any specific forms, deny a request solely because the resident did not follow their methods, or request information that discloses the diagnosis or severity of the resident’s disability.

Continue reading

While the 2020 Florida Legislative session was positioned to be a very active one, the COVID-19 pandemic seems to have affected the number of bills passed by the legislature. Below we have provided brief summaries of the bills passed by the Florida Legislature which impact Florida community associations.  It is important to note that at this time only a couple of the adopted bills have been signed by the Governor.

ADOPTED BILLS

SB 476: Law Enforcement Vehicles.  The approved bill includes provisions which preclude a condominium, cooperative, and homeowners’ associations, respectively, from prohibiting a law enforcement officer from parking his or her assigned law enforcement vehicle in certain areas.  The effective date of this bill is 2/21/2020.

SB 140: Fireworks.  The approved bill relates to the use of fireworks and defines the term “designated holiday”.  The bill provides for an exemption for the use of fireworks solely and exclusively during a designated holiday and prohibits homeowners’ associations from promulgating certain rules or regulations restricting same.  The effective date of this bill is 4/8/2020.

Continue reading

This year’s legislative session is well underway, and there are a handful of bills that community associations should keep an eye on. Our firm is tracking the following bills that may have an impact on community associations, if passed:

HB 209 /SB 1084: Emotional Support Animals

Similar to federal law, Florida law requires reasonable accommodations for those individuals with service animals, but fails to provide guidelines for other assistance animals, such as emotional support animals (ESA).  This bill amends Florida’s Fair Housing Act by prohibiting discrimination in housing against individuals with a disability or a disability-related need who require an ESA. The bill also prohibits housing providers from charging additional fees pertaining to an ESA. The bill specifies that the individual requiring the ESA is liable for any damages to the premises or to another person resulting from the ESA. This bill also allows a housing provider to request supporting information regarding the individual’s disability or disability-related need for the ESA, and creates a new cause for disciplinary action against a health care practitioner’s license for providing supporting documentation for an ESA to those whom they haven’t treated. Finally, the bill creates criminal liability for providing false or fraudulent documentation in support of an accommodation request for an ESA. If passed, this bill will be effective July 1, 2020.

Flalegislature-300x169HB 623 / SB 1154: Community Associations

This legislation proposes a vast amount of modifications to Chapters 718, 719 and 720, Florida Statutes. In part, the bill allows for the removal of outdated language in community association governing documents, confirms when board member term limits are considered to begin to run, and clarifies that owners need not provide a reason for inspecting association official records. If passed, this bill will be effective July 1, 2020.

Continue reading

The issue of fraudulent emotional support animal requests is drawing significant attention at both the state and federal levels with the Florida Legislature and the U.S. Department of Housing and Urban Development.

As this year’s legislative session gets underway in Tallahassee, HB 209 seeks to protect individuals with legitimate disability-related needs for emotional support animals from discrimination or having to pay extra fees.  However, if passed, it would also authorize landlords to request certain written documentation and prohibit the falsification of written documentation or other misrepresentations.

esupdog-300x234The bill, which is currently undergoing committee review, would make it a second-degree misdemeanor for the falsification of written documentation for an emotional support animal or the willful misrepresentation of qualifications for an ESA.  It addresses the criteria for the written documentation that must be submitted from healthcare providers in support of ESA requests, and would also require the state’s Department of Health to adopt rules regarding the format of the required written documentation.  Significantly, the bill would also mandate that the treatment provided must go beyond merely writing a letter.

Continue reading

The Florida law mandating condominium association websites went into effect at the start of 2019.  By now, all condominium associations with 150 units or more (excluding timeshares) should have launched a website that complies with the new law.  Those that have not already created their website should do so immediately in order to avoid any potential repercussions.

Under the new law, password-protected condominium websites for the exclusive access by association members must include the recorded declaration of condominium and bylaws along with any amendments to each, the articles of incorporation filed with the state, and the association’s rules and regulations.  The website must also include a list of all executory contracts and transactions to which the association is a party or under which the association or unit owners have an obligation.

After bidding for related materials, equipment or services, the website must include a list of bids received by the association within the past year.  Summaries of bids in excess of $500 received from vendors during the past year for materials, equipment or services must be maintained on the website for one year.  In lieu of summaries, however, the association may post complete copies of those bids.

Continue reading

Nicole-Kurtz-2014-200x300The firm’s Nicole R. Kurtz authored an article that was featured as the guest commentary column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper.  The article, which is titled “New Laws Spurring Florida Community Associations to Implement E-Voting, Websites,” focuses on the recent changes in state law allowing community associations to implement electronic voting and requiring condominium associations with 150 units or more to have a website containing digital copies of certain official records.  Her article reads:

. . . The condominium association website laws mandate that compliant websites should have been operational as of Jan. 1 of this year. The laws call for association websites that are accessible only to unit owners and employees where certain notices, records and documents are posted. These must include the declaration of condominium, bylaws, articles of incorporation, rules and regulations of the association, as well as all executory contracts or documents to which the association is a party, or under which the association or unit owners have an obligation or responsibility.

dbr-logo-300x57Condominium association websites must also feature the association’s annual budget and proposed annual budget; financial reports; monthly income or expense statements; copies of bids, or summaries of bids, exceeding $500; association meeting notices, and board member certification forms.

Continue reading

HB 153 – Landlords and Tenants – § 83.51, Fla. Stat.:

  • Requiring landlords to provide their tenants with a physical copy of any restrictive covenants governing the premises and occupancy of the premises at the time the landlord and tenants execute a rental agreement.
  • Requiring landlords to provide their tenants with written notice by certified mail of any changes to the covenants or the enforcement of the covenants within 10 business days.
  • If passed, this law would become effective July 1, 2019.

HB 155 – Homeowners’ Association Recalls – § 720.303, Fla. Stat.:

  • Adding a qualification for recalls, whereby directors may be recalled and removed from office by a majority of the total voting interests who physically reside in the community. Previously, the requirement to physically reside in the community was not in place.
  • If an association’s declaration, articles of incorporation or bylaws specifically provide that members may also recall and remove directors by a vote taken at a meeting, such special meeting of the members may be called by 10 percent (10%) of the voting interests who physically reside in the community. Previously, the requirement to physically reside in the community was not in place.
  • If passed, this law would become effective July 1, 2019.

Continue reading

Contact Information