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Updates on the 2016 Legislation Session: No Community Association Legislation Passed

State Capitol, Florida, legislation, real estate law

Since the beginning of the legislative session (January 12, 2016), we have kept a close eye on proposed legislation relating to community associations, many of which were opposed by professionals in the industry. Now that the last week of the legislative session has ended, community associations can breathe a sigh of relief – none of the unpopular community association related legislation passed.

While many condominium and HOA related amendments were filed during the last week of session in an effort to revive otherwise dead bills, those amendments ultimately were not considered. Below is a summary of the proposed legislation and their fate:

HB 203 – Died on Calendar – This Bill threatened to increase costs for community associations by requiring associations to prepay costs related to preparing estoppel certificates, in conjunction with a cap put on that amount that a title company will reimburse them. Additionally, if a home or condominium did not close, the association would not be paid for the prepaid costs and services performed.

HB 667 – Died in Business and Professions Subcommittee – This Bill aimed to completely overhaul the laws governing community associations. If it had passed, it would have repealed Chapters 719 and 720 of the Florida statutes relating to Cooperatives and Homeowners Associations, and make them subject to a significantly revised Chapter 718.

HB 665 – Died in Business and Professions Subcommittee – This Bill would have renamed the Regulatory Council of Community Association Managers to Board of Community Association Managers, revised provisions relating to licensure of Community Association managers, and Community Association management firms, including pre-license education and examination requirements, continuing education requirements, additional fees and disciplinary proceedings.

HB 653 – Died in Business and Professions Subcommittee – This Bill would have subjected homeowner associations to the oversight of the Division of Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes.

HB 7031 – Died on Calendar – The Bill revised exceptions to Marketable Record Titles to Real Property by including homeowners’ association & mandatory property owners’ association covenants & restrictions within those exceptions not subject to expiration.

SB 1122 – Defeated 6-4 in the Senate Regulated Industries Committee – Among other things, this Bill contained an onerous $500 per day late fee for a delay in providing HOA Records.

If these bills had passed, they would have the potential to significantly change the relationship between community associations and their members, and how community associations operate.

Posted in Arias Bosinger, Community Association, Legislation, Real Estate Law
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