Analysis of Community Associations Bill of Rights

SB  1114 and HB 919

This analysis relates to proposed bills SB  1114  and HB 919 and is officially filed as “Community Associations Bill of Rights”.  SB 1114 was filed by  Senator Ana Maria Rodriquez on February 23, 2023 and HB  919 was filed by Representative Juan Carlos Porras and Representative Vicki Lopez on February 16, 2023, with an  effective date as of  October  1, 2023.

This analysis relates to proposed bills SB  1114  and  HB 919. 

We should support  the “Community Associations Bill of Rits”.  The bills prohibit association funds and reserves from being used by specified persons or entities for certain reasons; and/or prohibit reserves from being used in prosecuting SLAPP suits.  In addition, ensuring that criminal actions by an officer or director of the association will be enforced may serve as a deterrent. 

These bills require to identify the types of violations for which an association may levy  for greater transparency for all members.   Indeed,   governing documents of an association need to be amended to modify or restrict parcel, including specifying the priority of payments made by a parcel owner to an association.

However,  we need clarification on what record keeper duties are.  Most associations, in their bylaws, require the director/secretary to be  responsible, for record keeping,.

These bills amend s. 718.111(3), F.S., to add language to prohibit association funds and reserves from being used by specified persons or entities for certain reasons.  These bills also require te board of each association to appoint an official record-keeper for the association authorizing the board to provide powers and duties to the record-keeper if necessary; and to remove obsolete language; and require that certain information needs to be on the association’s website or application and on the Department of State website.

In addition, language on ss. 718.1224, F.S. and  720.304, F.S.; clearly prohibits reserves from being used in prosecuting SLAPP suits.

These bills also amend s. 718.501, F.S. and s.718.1224, F.S.

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These bills also amend ss. 718.501 and 720.302, F.S.; to provide the Division of Florida Condominiums, Timeshares, and Mobile Homes with certain jurisdictional powers.     In addition, the Division must review complaints in a timely manner and within a specified timeframe.    In certain cases, the Division is required to forward certain complaints to the Department of Law Enforcement.

Restrictions include specifying the type of violations for which an association may levy fines and provide a maximum fine amount (and fines not being aggregated.) 

Notice

Notice requirements are  revised to reflect  the amount of notice the board of administration must give a parcel owner before imposing a fine or suspension; specifying where such notice must be delivered and to provide requirements for posting of such notices. 

In addition, 720.306, F.S.; is amended to require that the governing documents of an association be amended to modify or restrict parcel use; and s. 720.3085, F.S. is amended to specify the priority of payments made by a parcel owner to an association from bringing action to foreclose a lien against a parcel and providing that such lien stays on the parcel until the lien is paid, settled, or released.

EFFECTIVE OCTOBER 1, 2023