Legislation Update: SB 56 and SB 630

SB 56: Assessment Notices

• F.S. 718.111 is amended to require the association to keep affirmative acknowledgements from unit owners on file as part of the association’s official records.
• F.S. 718.121 is amended to allow the association to send an invoice for assessments or a statement of account by 1st class mail or electronically to the email on file for the unit owner; requires the association have given written notice to a unit owner if changing the method of delivery  to change delivery method for an invoice or statement and that the unit owner must affirmatively acknowledge the change; requires a written notice of a late assessment be mailed to the unit owner by 1st class mail to the last known address and the unit address before the association can require payment of attorney fees and creates a rebuttable presumption if done in the manner ascribed by statute; outlines the required form for notice of late assessment.
• F.S. 719.104 is amended to require the association to keep affirmative acknowledgements from unit owners on file as part of the association’s official records.
• F.S. 719.108 is amended to allow the association to send an invoice for assessments or a statement of account by 1st class mail or electronically to the email on file for the unit owner; requires the association have given written notice to a unit owner if changing the method of delivery  to change delivery method for an invoice or statement and that the unit owner must affirmatively acknowledge the change; requires a written notice of a late assessment be mailed to the unit owner by 1st class mail to the last known address and the unit address before the association can require payment of attorney fees and creates a rebuttable presumption if done in the manner ascribed by statute; outlines the required form for notice of late assessment.
• F.S, 720.303 is amended to require the association to keep affirmative acknowledgements from unit owners on file as part of the association’s official records.
• F.S. 720.3085 is amended to allow the association to send an invoice for assessments or a statement of account by 1st class mail or electronically to the email on file for the unit owner; requires the association have given written notice to a unit owner if changing the method of delivery  to change delivery method for an invoice or statement and that the unit owner must affirmatively acknowledge the change; requires a written notice of a late assessment be mailed to the unit owner by 1st class mail to the last known address and the unit address before the association can require payment of attorney fees and creates a rebuttable presumption if done in the manner ascribed by statute; outlines the required form for notice of late assessment.

SB 630: Community Associations

• F.S. 627.714 is amended to prohibit a unit owner’s insurance policy from including the right of subrogation against an association if the association’s policy does not provide subrogation rights against a unit owner.
• F.S. 718.103 is amended to require an association to keep bids for work in the official records for at least 1 year after receiving the bid.
• F.S. 718.301 is amended to clarify the definition of mulitcondominium as real property; requires an association to keep bids for work in the official records for at least 1 year after receiving the bid; allows a renter to inspect and copy the declaration of condominium and states that a member does not have to state a reason for the inspection of the declaration or bylaws; allows inspection of documents to a downloadable application, including any amendments to the articles of incorporation or other documents.
• F.S. 718.112 is amended to allow the association to remove any discriminatory restrictions; creates a specific time to calculate board service for board term limits; requires that an agenda be included for association meetings and that the meeting notice and agenda be distributed via mail, email and posted as per the association bylaws; requires the second notice of a scheduled election along with the ballot of candidates be mailed or emailed to unit owners not less than 14 days or no more than 34 days before the election; increases the amount allowed for transfer fees but prohibits the association from charging a transfer fee unless the association has to approve the transfer and ties the amount of the fee increase required every 5 years to the Consumer Price Index; allows a unit owner representative to file court action against a board for not duly noticing a recall and allows a board member recalled to file a court action to challenge the recall; requires the association to have an alternative dispute resolution method.
• F.S. 718.113 is amended to include natural gas fuel stations with provisions for electric vehicle charging stations and requires the unit owner to be responsible for the cost of installing of natural gas fuel station and the supply and storage thereafter and must comply with all federal, state and local laws; allows the association to install an electric charging station or natural gas fuel station and it is not considered a material alteration or substantial addition.
• F.S. 718.117 is amended to state that the arbitrator makes the determination if the petition was filed with the division of arbitration.
• F.S. 718.121 is amended to prohibit a lien to be filed against the association for the installation of a natural gas fuel station or an electric charging station but allows a lien against a unit owner.
• F.S. 718.1255 is amended to change the mandatory nonbinding arbitration requirement to a choice and allows arbitration to be binding only if all parties agree to this in writing; allows for presuit mediation except in cases involving election or recalls.
• F.S. 718.1265 is amended to make changes to the emergency powers of an association which includes: specific tie to emergency management definition of emergency; allows association board to conduct meetings via video conferencing or electronic video communication; includes public health officials in list of people allowed to advise during an emergency; includes contagions as emergencies and mitigations for contagions; prohibits the association from barring access to the unit or common elements of the association unless based on health and safety issues.
• F.S. 718.202 is amended to allow the association to contract for sanitizing association property; defines actual costs for developers incurred in the construction and development of the condominium property.
• F.S. 718.303 is amended to clarify when the notice of an approved fine must be sent.
• F.S. 718.405 is amended to allow a multicondominium to adopt a consolidated declaration of condominium which does not merge the condominiums.
• F.S. 718.501 is amended to change arbitration to  alternative dispute resolution
• F.S. 718.5014 is amended to allow the office of the Ombudsman to be located outside of Leon County.
• F.S. 719.103 is amended to clarify that interest in a unit is real property
• F.S. 719.104 is amended to allow for a unit owner to inspect the official records of the association without needing a reason.
• F.S. 719.106 is amended to allow that attending a board meeting via allowable electronic means counts toward a quorum and the member may vote as if physically attending the meeting; allows the association to extinguish discriminatory restrictions.
• F.S. 719.128 is amended to make changes to the emergency powers of an association which includes: specific tie to emergency management definition of emergency; allows association board to conduct meetings via video conferencing or electronic video communication; includes public health officials in list of people allowed to advise during an emergency; includes contagions as emergencies and mitigations for contagions; prohibits the association from barring access to the unit or common elements of the association unless based on health and safety issues.
• F.S. 720.303 is amended to allow the association to adopt a rule to outline how the send a notice of a board meeting to include a hyperlink to the association’s website or mobile application to the posted notice; requires all paperwork related to an election to be part of the official record and retained for at least 1 year after the election; excludes information gathered by a gated community from being accessed by members; clarifies the conditions where the developer must provide reserve funds and removes the requirement for the association to have a reserve fund if the developer initially provided them.
• F.S. 720.305 is amended to require the payment of a fine 5 days after notice is provided.
• F.S. 720.306 is amended to allow the association to amend documents after July 1, 2021 to prohibit or regulate rental agreements.
• F.S. 720.307 is amended to clarify when the transition of association control occurs.
• F.S. 720.311 is amended to remove mandatory binding arbitration.
• F.S. 720.3075 is amended to allow an association to remove discriminatory restrictions from association documents.
• F.S. 720.316 is amended to make changes to the emergency powers of an association which includes: specific tie to emergency management definition of emergency; allows association board to conduct meetings via video conferencing or electronic video communication; includes public health officials in list of people allowed to advise during an emergency; includes contagions as emergencies and mitigations for contagions; prohibits the association from barring access to the unit or common elements of the association unless based on health and safety issues.