Florida
House of Representatives - 2003 - HB 861
Mandated Property Reform Task Force Bill Filed by House Representative Gus Bilirakis ( R ) -- District 48 |
House 0861: Relating
to Homeowners' Associations
H861 GENERAL BILL by Bilirakis Homeowners' Associations; provides powers for associations controlled by unit owners other than developer; prohibits certain amendments to bylaws of associations. Amends 720.303,.306. EFFECTIVE DATE: 07/01/2003. 02/27/03 HOUSE Prefiled 1 A bill to be entitled 2 An act relating to homeowners' associations; amending s. 3 720.303, F.S.; providing powers for associations 4 controlled by unit owners other than the developer; 5 amending s. 720.306, F.S.; prohibiting certain amendments 6 to bylaws of the associations; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (1) of section 720.303, Florida 12 Statutes, is amended to read: 13 720.303 Association powers and duties; meetings of board; 14 official records; budgets; financial reporting.-- 15 (1) POWERS AND DUTIES.--An association which operates a 16 community as defined in s. 720.301, must be operated by an 17 association that is a Florida corporation. After October 1, 18 1995, the association must be incorporated and the initial 19 governing documents must be recorded in the official records of 20 the county in which the community is located. An association 21 may operate more than one community. The officers and directors 22 of an association have a fiduciary relationship to the members 23 who are served by the association. The powers and duties of an 24 association include those set forth in this chapter and, except 25 as expressly limited or restricted in this chapter, those set 26 forth in the governing documents. After control of the 27 association is obtained by unit owners other that the developer, 28 the association may institute, maintain, settle, or appeal 29 actions or hearings in its name on behalf of all members 30 concerning matters of common interest to the members, including, 31 but not limited to, the common areas; roof or structural 32 components of a building, or other improvements for which the 33 association is responsible; mechanical, electrical, or plumbing 34 elements serving an improvement or building for which the 35 association is responsible; representations of the developer 36 pertaining to any existing or proposed commonly used facility; 37 and protesting ad valorem taxes on commonly used facilities. The 38 association may defend actions in eminent domain or bring 39 inverse condemnation actions. If the association has the 40 authority to maintain a class action, it may be joined in an 41 action as a representative of that class with reference to 42 litigation and disputes involving the matters for which the 43 association could bring a class action. This subsection does not 44 limit any statutory or common-law right of any individual member 45 or class of members to bring any action without participation by 46 the association. A member does not have authority to act for the 47 association by virtue of being a member. An association may 48 have more than one class of members and may issue membership 49 certificates. 50 Section 2. Subsection (1) of section 720.306, Florida 51 Statutes, is amended to read: 52 720.306 Meetings of members; voting and election 53 procedures; amendments.-- 54 (1) QUORUM; AMENDMENTS.-- 55 (a) Unless a lower number is provided in the bylaws, the 56 percentage of voting interests required to constitute a quorum 57 at a meeting of the members shall be 30 percent of the total 58 voting interests. Unless otherwise provided in this chapter or 59 in the articles of incorporation or bylaws, decisions that 60 require a vote of the members must be made by the concurrence of 61 at least a majority of the voting interests present, in person 62 or by proxy, at a meeting at which a quorum has been attained. 63 (b) Unless otherwise provided in the governing documents 64 or required by law, and other than those matters set forth in 65 paragraph (c), any governing document of an association may be 66 amended by the affirmative vote of two-thirds of the voting 67 interests of the association. 68 (c) Unless otherwise provided in the governing documents 69 as originally recorded or permitted by this chapter or chapter 70 617, an amendment may not materially and adversely alter the 71 proportionate voting interest appurtenant to a parcel or 72 increase the proportion or percentage by which a parcel shares 73 in the common expenses of the association 74 unless the record parcel owner 75 record owners of liens on the 76 execution of the amendment. For purposes of this section, a 77 change in quorum requirements is not an alteration of voting 78 interests. 79 Section 3. This act shall take effect July 1, 2003. |