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HOUSE BILL 1203 - CONTINUED
By
Eric Glazer, Esq.
Published April 8, 2024
Week after week we are telling owners in both condos and HOAs of
new rights regarding access to records, financial transparency
and penalties that managers and directors now face when they are
bad actors. This week is no different. House Bill 1203 –
Continued:
FINANCIAL TRANSPARENCY
If the unit owners elect to do so, they can vote for the
association to prepare a lesser year-end statement than what is
required by law. The law has changed and now states:
An association may not prepare a lesser financial
statement than what is required by law for consecutive fiscal
years.
NO MORE DEBIT CARDS
Board members were previously arrested for using the
association’s debit cards at the Hard Rock Casino. So the law
has changed and states:
(13) DEBIT CARDS.— (a) An association and its
officers, directors, employees, and agents may not use a debit
card issued in the name of the association, or billed directly
to the association, for the payment of any association expenses.
(b) A person who uses a debit card issued in the
name of the association, or billed directly to the association,
for any expense that is not a lawful obligation of the
association commits theft as provided under s. 812.014. 589 590
For the purposes of this subsection, the term "lawful obligation
of the association" means an obligation that has been properly
preapproved by the board and is reflected in the meeting minutes
or the written budget.
HOMEOWNERS ARE ENTITLED TO KNOW WHAT THEY OWE
(14) REQUIREMENT TO PROVIDE AN ACCOUNTING.—A
parcel owner may make a written request to the board for a
detailed accounting of any amounts he or she owes to the
association related to the parcel and the board shall provide
such information within 10 business days after receipt of the
written request. The parcel owner may provide to the board a
written authorization for any occupant, licensee, or invitee of
the parcel owner to make a written request to the board for a
detailed accounting of any amounts he or she owes to the
association related to the parcel. The board shall provide to
the occupant, licensee, or invitee of such parcel owner, and
provide a copy to the parcel owner, such information within 10
business days after receipt of the request. After a parcel
owner, an occupant, a licensee, or an invitee makes such written
request to the board, he or she may not request another detailed
accounting for at least 90 calendar days. Failure by the board
to respond within 10 business days to a written request for a
detailed accounting constitutes a complete waiver of any
outstanding fines of the person who requested such accounting.
So what do you think?
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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