Senate Bill 630 is anticipated to become law and would take effect July 1, 2021.
How will this affect Associations? Please see some of the highlights below!
CONDOMINIUM ASSOCIATION
718.111 Official Records
- Bids for work only need to be maintained for one year after receipt of the bid.
- Association members do not have to state any reason for the inspection of official records.
- Condominiums with 150+ units are permitted to post required documents/applications on its website or via mobile application.
718.112 Bylaws
- Board of Directors may extinguish a discriminatory restriction by a majority vote.
- Transfer fees increased from a $100 max to $150 per applicant. May be readjusted every 5 years.
- Contracts with a service provider that is owned or operated by a board member or with any person who has a financial relationship with a board member are no longer prohibited.
- Association may not prohibit the installation of legally compliant natural gas fuel station.
- Condominium disputes now have the option to choose either presuit mediation (except for election or recall disputes) or arbitration.
718.1265 Association emergency powers
- Emergency powers extended to include any occurrence or threat of occurrence that may result in substantial injury or harm to the population or property. (i.e. global pandemic)
- Associations may contract on behalf of Owners the services which are necessary to prevent further injury, including sanitization. Cost of such services are to be reimbursed by Owner.
- An association may NOT prohibit Owners, tenants, etc. from accessing unit/common elements if such access is needed to facilitate sale, lease or other transfer of title to the unit.
HOMEOWNERS ASSOCIATIONS
720.303 Association powers and duties; meetings of board; official records; etc.
- All papers and electronic records relating to voting by parcel owners, must be maintained for at least 1 year after the date of the election, vote or meeting.
- Changes regarding reserve accounts. Please see 720.313(6)(d).
- Petitioners for a recall dispute may choose to go to court or pursue arbitration with the Division. Previously only arbitration was allowed.
- Fines are now due 5 days after notice of the approved fine is given.
720.306 Meeting of members; voting and election procedures; amendments.
- Mailing address for notice is determined by the official records of the association, not from property appraiser’s website.
- Any covenant enacted after July 1, 2021 that prohibits or regulates rental agreements only applies to a parcel owner who acquires title after the effective date of the covenant. Includes exclusions such as rental agreements with a term of less than 6 months.
