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SOME OTHER NEW LAWS THAT MAY
OR MAY NOT APPLY IN YOUR ASSOCIATION
By
Eric Glazer, Esq.
Published July 13, 2015
We already blogged about a new law that will bring further chaos
and confusion to the association election process, and that is
the law that now allows voting via the internet if a plethora of
conditions are met. The Florida Legislature passed some other
association laws as well this year. Let’s see what they say and
try to figure out whether they will help or hurt.
In both condos and HOAs - A copy, fax, or other reliable
reproduction of a proxy can now be used in place of the original
if it is a complete reproduction of the entire copy;
I guess anything that may help get a quorum isn’t a bad idea.
In both condos and HOAs - The catch-all provision of the
access to records statute has been changed to say that the
records must be “written” records.
So, video tapes and audio tapes are no longer considered
official records. I can personally tell you that in some
associations, owners were demanding copies of security
recordings and they were expensive to obtain.
For condos and HOAs – the fining statute was amended to now
state that a fine is levied by the board after a hearing
before an independent committee. The fine can’t be levied
unless the board gives 14 days notice of a hearing before the
independent committee. The role of the committee is limited to
determining whether to confirm or reject the fine or suspension
levied by the board.
I read and re-read this provision several times. On the one
hand it says the Board can only levy a fine after a
hearing before the committee. It then immediately goes on to
say that the role of the committee is to determine whether or
not to confirm the fine already levied by the board.
Another example of poor drafting, confusion and opportunities to
argue in court about what these provisions actually mean later
on down the road.
Condo and HOA law was also clarified to the extent an owner
can lose the right to use common elements or vote if the owe a
fine, fee or other monetary obligation for 90 days or longer.
Of course what you don’t see is any language telling
associations that they cannot do this without the “as amended
from time to time” language appearing in the association’s
governing documents which automatically incorporates new laws
into the declaration. Associations who don’t have this language
in their governing documents risk loss if they are sued by a
unit owner.
Condo and HOA law was clarified to say that the number of
suspended voters reduces the total number of votes needed to
take or approve an action. For example in a 100 unit community,
if a majority of owners is required, but there are 10 suspended
units, a majority of 90 units is now required, not a majority of
100.
Again, nobody can be suspended without the “as amended from time
to time language appearing in the governing documents.
Finally, Chapter 720 is now known as The Homeowners
Association Act.
Excellent idea. Hopefully, more declarations will be drafted to
include and specifically refer to this ACT and any amendments to
the ACT as they are passed from time to time.
HOA law was clarified to say that a person who is delinquent
in any monetary obligation to the association on the day that he
or she could last nominate himself or herself or be nominated
for the board may not seek election to the board and cannot be
on the ballot. And finally, like in condos already, a director
who becomes delinquent for 90 days in regards to any monetary
obligation is deemed to have abandoned the office, thus creating
a vacancy.
Who really cares? This law will not make anyone who is
delinquent now suddenly pay up.
I searched and I searched. I couldn’t find one new law that
makes the bank pay associations more when they foreclose on a
unit and become the owner. I found no new law that finally
allows the DBPR to assist people who live in a Florida homeowner
association. I found no new law that prohibits The Florida
Legislature from stealing the monies paid by condo owners each
year for condo education and enforcement of the condominium
laws. I saw no new laws that fix a broken arbitration system
that allows an arbitrator to refer a case to a mediator and then
basically mandate court litigation if the case doesn’t settle at
mediation. I saw no new law that allows for prevailing party
attorney’s fees in recall cases when a party is found to have
raised completely meritless defenses. What can you say if the
best thing about all of the new laws is that Florida Statute 720
was given a name? All the rest doesn’t amount to much at all.
What could have been a great year for the millions of Floridians
who live in community associations turned out to be a real
disappointing bust.
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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 more than 2
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
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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