2014 Legislation Affecting Community Assocations

Michael-BenderBy Michael S. Bender, Esq., Kaye Bender Rembaum, P.L.

During the 2014 Legislative Session in Florida, a number of bills were adopted which will have an impact on community associations. Among the new legislation is House Bill 807, which contains provisions affecting condominiums, effective July 1, 2014. Following is a very brief overview. For more details, including the Community Association Manager Bill – House Bill 7037, go to www.southfloridaopulence.com.

• Repair and Rental of Abandoned Units: Provides authority for an association, at the discretion of the board, to enter an abandoned unit to inspect the unit and adjoining common elements.

• Insurance – Repair Obligation Clarified: Provides that in the absence of an insurable event, any repairs required will be by either the association or the unit owner, in accordance with the declaration or bylaws.

• Official Records & Unit Owner Directories: Modified to clarify that all telephone numbers may be included in a Directory, although an owner may choose to not have their numbers listed (i.e., opt-out).

• Board or Committee Meeting Participation: Allows participation in a meeting by telephone, to add real-time video conferencing, or similar real-time electronic communications as a way for a Board or Committee member to attend, be counted toward quorum and vote.

• Board Member Communications: Authorizes board members to use email as a means of communication but clarifies they may not cast a vote on an association matter
via email.

• Removal of the Association as an Intervening Owner for Purpose of Determining the Obligations of a New Owner for Past Due Assessments.

• Limitation on  Attempt to Terminate a Condominium: If a plan of termination of a condominium fails to receive the required approval vote, the plan shall not be recorded and a new attempt may not be proposed for 180 days after the date of the failed plan was first given to all owners.

• Elimination of the Community  Association Living Study Council. This is for informational purposes only and is not intended, nor should it be considered, the providing of legal advice. Should you have any questions about any of the information contained in this article, please contact your association counsel.

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