Florida Senate Bill 630 impacting Community Associations

Senate Bill 630 passed the Florida legislature and is awaiting the Governor’s signature, which is likely. These new laws which affect condominium associations, homeowners associations and co-ops are expected to be effective July 1, 2021. Here is brief synopsis of certain highlights of these statutory changes. • An Association may not prohibit the installation of a natural gas fuel station, provided the unit owner complies with all federal, state, and local laws, and provides certificate of insurance to the Association among other requirements. • The Board of Directors can decide to install electric charging stations or natural gas fuel stations in the common elements of the Association without having to obtain a membership vote as a “material alteration”. • Condominium Unit Owners and an Association can now choose either pre-suit mediation (as is currently used for homeowners association disputes) or arbitration through the Division of Condominiums resorting to litigation. • Clarification that a Board of Directors can use emergency powers in cases such as the current Pandemic defined in the statute as “contagion” or other health emergency as declared by State or local authorities. • Specifies that properly imposed and confirmed fines done so at a fine committee hearing are due five (5) days after notice of the approved fine is provided to the unit owner. • Expands the Division’s jurisdiction to now investigate complaints related to the maintenance of association business records. • Documents related to “bids” for projects must be kept for one year after receipt of the actual bid. • For business record inspections an association is prohibited from requiring a member demonstrate a “reason” for the document inspection and a list of documents being made available for inspection and those documents not available for inspection must be set forth in a sworn affidavit by the person, typically property manager, facilitating the inspection. • For condominiums with 150 or more units the association now has the option to post documents on a downloadable app as opposed to posting those documents on a website for a members’ viewing. • Clarifies that the measuring of the eight (8) year term limit for members of the Board of Directors is to be counted on or after July 1, 2018, not previous terms which pre-date July 1, 2018. • Fees for processing applications of approval for sales as well as for tenant applications are increased to not exceed $150.00 (from the current $100.00 maximum) with an adjustment every 5 years tied to the Consumer Price Index (CPI). • Petitioners in recall of Board Members where there is a dispute may now choose to either go directly to court with the dispute or to arbitration. • Notices to owners need only be sent to the mailing Florida Senate Bill 630 impacting Community Associations SJW Law Group, PLLC was formed in 2018 headed by Scott J. Wortman, Esq. who has been practicing law for twenty-seven (27) years. Scott J. Wortman, Esq. is a Florida Bar Board Certified Real Estate Attorney and a Florida Bar Board Certified Condominium and Planned Development Law Attorney. Throughout the entirety of his career, Mr. Wortman has handled all aspects of residential and commercial real estate transactions including contract drafting, review and examination of title work, curing title defects, extensive interaction with buyers, sellers, real estate agents, mortgage brokers and lenders for coordination of all closing matters. For more than twenty (20) years, Mr. Wortman has maintained an extensive community association practice serving as counsel for dozens of homeowner’s association and condominum associations throughout the state of Florida overseeing their governance issues, covenant enforcement, collection matters, litigation and compliance with Florida’s Marketable Record Title Act. Since 1994 Mr. Wortman has represented small and mid-size businesses with regard to their corporate matters, including drafting shareholders agreements, employment contracts, purchase and sale of business assets, commercial leasing issues, as well as dissolution and partnership disputes. address as contained in the official records of the association not to the address on the property appraiser’s website for an owner. • For homeowners associations an owner must consent to a new rental restriction embedded in an adopted amendment for such rental restriction to be enforceable as against that owner. However, Associations can still adopt restrictions prohibiting tenancies of 6 months or less as well as prohibiting no more than three (3) rental arrangements per year. • The definition of Governing Documents will no longer include Rules and Regulations. • The Association must maintain for at least one year all ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to an election. • Information or documents which relate to guests’ visits to a particular home do not constitute a business records subject to inspection by an owner.