The 2013 Florida Legislative Session and Your Community

By Donna DiMaggio Berger, Esq.

The 2013 Florida Legislative Session is a wonderful example of what can be accomplished when the many board members and owners representing Florida’s more than 60,000 shared ownership communities come together to collectively form one voice on the issues that impact their communities.

The common theme among the vast changes to laws affecting shared ownership communities can be summed up by the terms “fairness” and “equality.”   Condominiums were provided with several changes and clarifications to existing laws, such as the removal of the deadline for compliance with Phase II Firefighters’ Service upgrades on elevators, and clarification of board eligibility requirements.   Homeowners’ associations saw significant changes to Florida Statutes Chapter 720, not the least of which includes a much needed clarification that an association’s own foreclosure does not jeopardize its rights to collect past due amounts from a third party purchaser at a subsequent mortgage foreclosure sale.  Moreover, homeowners’ associations and cooperatives alike witnessed a general movement toward symmetry with Chapter 718 (Florida Condominium Act) with the importing of several key components such as director certification requirements and provisions relating to official records.  Laws affecting timeshares and manufactured/mobile home communities also underwent important changes. The new Fair Foreclosure Act created a useful tool for all types of communities to move stalled bank foreclosures forward. Overall, the 2013 Legislative Session provided something for everyone in terms of shared ownership communities.

My law firm, Katzman Garfinkel & Berger, is proud to release our 2013 Legislative Guidebook which can be downloaded for free at www.legislativeguidebook.com.  The Guidebook is categorized by community type which makes it convenient to turn directly to the section pertaining to condominiums, homeowners’ associations, cooperatives, timeshares or manufactured/mobile home communities, to find all of the new legislation that impacts your particular type of community organized by subject matter. It is our pleasure to provide you with this comprehensive and easy-to-understand outline of the substantive legislative changes affecting shared ownership communities, and it is our hope that this latest Guidebook in our Law and Learning Guidebook series assists you in successfully navigating those changes.

Do you have a legal question about Florida condo law? Send your questions to editor@southfloridaopulence.com.

Donna DiMaggio Berger, Esq. is one of the Founding Partners of the statewide law firm, Katzman Garfinkel & Berger (KG&B), a firm that devotes its practice to the representation of community associations. Ms. Berger can be reached directly at 954-315-0372 or via email at 
dberger@kgblawfirm.com.

The 2013 Florida Legislative Session and Your Community