HB 649

Analysis of HB  649 “Petition for Objection to Assessment ” (Representative Juan Alfonso Fernandez-Barquin)

This provision is intended to clarify existing law effective July 1, 2021, where condominium associations (as defined in s. 718.103, F.S.) or  cooperative associations (as defined in s. 719.103, F.S.) filing a single joint petition can continue to represent unit or parcel owners in appealing or seeking judicial review throughout related proceedings. If the property appraiser seeks judicial review or appeals a decision on the single joint petition, the association shall defend the unit or parcel owners throughout related proceedings and property appraisers are not required to name individual unit or parcel owners as defendants in such proceedings.

The association notice of intent to file a petition will require that the content, delivery and posting of the notice be provided its members, and an “opt out” for the member if they want to individually contest the tax assessment value.    The notice must inform the unit or parcel owner that by not opting out of the petition, he or she agrees that the association will represent the unit or parcel owner in any subsequent related proceedings, without the unit or parcel owner being named or joined as parties. The notice must be provided by hand delivery or certified mail, return receipt requested, or by electronic transmission if a unit or parcel owner has expressly consented in writing to receiving notices by electronic transmission. In the case of a condominium or cooperative association, the notice must also be posted conspicuously on the condominium or cooperative property in the same manner as notice of board meetings under ss. 718.11292 and 719.106(1). The notice must and shall provide at least 14 days for a unit or parcel owner to elect, in writing, that his or her unit or parcel not be included in the petition.  

ORIGINAL FILED VERSION OF HB 649