2018 Proposed Legislative Changes Affecting Florida Communities

March 26, 2018

The following is a summary of some of the relevant bills that propose changes to laws governing community associations. CS/CS/CS/HB 841 contains revisions to Florida’s housing chapters, and are currently awaiting action from the Governor. Please contact our firm if you have any questions about how this my affect your community.

Records: The legislation provides that minutes of membership meetings and board meetings of a condominium association must be permanently maintained from the inception of the association.

Condominium Association Websites: The legislation revises the requirements for communities required to maintain a website; it extends the deadline for implementing the website until January 1, 2019; and it limits the requirement to condominiums (and not condominium associations) that contain 150 or more units.

Meeting Notices:  The legislation provides that the notice of meetings where a regular or special assessment will be considered by a condominium or cooperative association board of directors must provide the estimated cost and purposes for the assessment, and it further provides procedures for providing meeting notices for membership and board meetings on the condominium or cooperative association’s website.

Term Limits: The legislation places term limits of 8 consecutive years for all condominium board members unless of vote representing two-thirds of the votes cast in the election.

Recall:  The legislation clarifies the recall procedures in condominium association and provides that a board member who successfully challenges a recall is entitled to prevailing party attorney’s fees.

Approval of Material Alterations:  The legislation amends s. 718.113 to require that a vote approving material modifications to the condominium property must occur before the modifications are commenced.

Electric Vehicle Charging Stations: The legislation authorizes the installation of charging stations for electric vehicles in limited common element parking places at the expense of the unit owner to which the parking space is assigned.

Fines:  The legislation modifies the fining procedures in a condominium or cooperative community and establishes a due date for fines properly levied.

Email Voting Prohibited: The legislation provides that board members in a cooperative association or mandatory homeowners association may not vote using email.

Amendments: The legislation conforms the format for document amendments in communities governed by Chapter 720 to those found in the Condominium Act.

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