Every year there are several Amendments to the Condominium Statute that are presented to the Legislature but fail to pass. This year there are substantive changes to the Condominium Act that passed and will require changes to the way in which Condominiums run the business of the Association. The Florida Senate and House passed various Amendments to Chapter 718, the Statute governing Condominium Associations. The Amendments can be found by clicking on the link in this article. Underlined words are newly added provisions, and strikethroughs denote deleted text. Please take a moment to read the enacted Amendments. There are quite a few substantive changes that relate to:
- recall procedures (eliminating the Recall Certification requirement whereby expediting the Recall process and placing the burden on the Recalled Board Member to prove the Recall is not correct);
- the Association must upload certain Association Documents to the Association’s website (150 units or more); If you do not have an active website, now is the time to establish a website;
- prohibitions regarding conflicts (Directors and Managers cannot bid or purchase properties in foreclosure);
- the Association cannot hire an Attorney that represents the Management Company; To clarify, Saavedra Goodwin does not represent Management Companies;
- Directors are prohibited from using debit cards issued in the name of the Association;
- Directors MAY NOT serve more than four (4) consecutive two (2) year terms, unless there are not enough Candidates to trigger an Election or if the Candidate obtains two-thirds (2/3) votes re-electing the Director;
- criminal penalties for tampering with ballots;
- providing renters with the right to access Bylaws and Rules; and
- procedure for suspending use of amenities (requires the Owner have a delinquent balance of at least $1000).
The changes are effective July 2017 but the Association has until July 2018 to develop and run the website, uploaded with the required Documents. If your Association would like additional information the attorneys at Saavedra Goodwin are happy to meet with the Board well before the Amendments take effect. We will gladly review the procedures required to be in place in order to be compliant with the Amended Statute. Please contact Mara Alyson, Senior Counsel with Saavedra Goodwin, to schedule a meeting with the Board and your Management Company at a convenient time.
You may also Contact Mara Alyson at any time to discuss any questions related to Condominium Associations.