LEGISLATIVE SESSION 2025

ANALYSIS OF BILL SB 1600

SB 1600 (SUMMARY)

COMMUNITY ASSOCIATIONS

GENERAL BILL by Senator Kristen Arrington 

Companion Bills: HB 913; HB 983

Last Action:   2/23/2025 filed in Senate

This bill relates to community associations on recall provisions and elections to encompass changes to  (1) condominiums, under chapter 718, F.S., (2) to co-operatives under chapter 719, F.S. and (3) homeowner associations under chapter  720, F.S.  

It is unclear why revising and changing recall procedures are necessary since the current method used works just fine.   It makes no sense to have owners encumbered to pay the filing fee, not the association.  And the possibility exists that associations may attempt to thwart the process by not picking up certified or registered mail.   Currently, the process server serves the association and can verify that the association was served.   On the positive side, the bill is an attempt to conform to the extent possible, ensure that all associations should be treated equally in terms of recall and election procedures.

Chapter 718 Florida Statutes – Condominium Associations

The bill amends s. 718.112, F.S.  to modify recall procedures and to prohibit the suspension of a voting interest when voting to recall a member of the board of administration.   The bill also provides that service of a recall agreement be served on the association by registered mail.   A parcel owners recall agreement is rejected if: (i)  improperly served; (ii) executed by a person who was not the record owner or designated voter; (iii)  was previous marked for the removal of any board member; (iv) does not contain any markings that indicate the selection by an owner to either remove or retain a board member; and does not contain the signature of the owner.

The bill deletes the provision that a special meeting of the unit owners to recall members of the board of administration may be called by 10 percent of the voting interests when proper notice is given and allows electronic transmission being used as a method of giving notice of a meeting called in whole or in part for the purpose of recalling board members.   

The bill establishes a rebuttable presumption that an  owner executing a recall agreement is the designated voter for the parcel and that revocation of a parcel owner's recall agreement be in writing and delivered to the association before an association is served with the written recall; revising the timeframe in which a certain petition or action must  be filed and require that an association be named as the respondent in such petition or action; and providing that a director or an officer is delinquent if payment is not made by the due date specifically identified in the declarations, bylaws or articles of incorporation.  

The bill provides that a director or  officer more than 90 days delinquent in the payment of any assessment due the association is deemed to have abandoned the office, creating a vacancy in the   office to be filled according to law. If a due date is not specifically identified in the declaration, bylaws, or articles of incorporation, the due date is the first day of the assessment period.

The bill provides that if a staggered term of a board member does not expire until a later annual meeting, or if all the members’ terms would otherwise expire but there are no eligible candidates, the terms of all board members must expire at the annual meeting, and such members may stand for reelection unless prohibited by the declaration, bylaws, or articles of incorporation.

The bill amends requirements for bringing an action to challenge election or a recall; authorizing certain persons to file a notice of removal and complaint in circuit court within a specified time frame after service of a  complaint  to bring an action to challenge the arbitration decision.   The bill requires that a counterclaim filed after removal must be brought in equity as a summary proceeding and that any action filed must be tried without a jury with the entitled member to an immediate hearing. In addition, the bill provides that the court may limit the time in which to take testimony, and to the proximity of any succeeding election that may occur while such action is pending.

The bill provides that the party filing  may request the issuance of a temporary injunction to stay any upcoming election that may occur while the action is pending.

Chapter 720 Florida Statutes – Homeowner Associations

This bill revises s. 720.301, F.S. to be consistent with s. 720.302(3)(b).  

The bill amends s. 720.302, F.S., upon petition of 10 percent of the total voting interests in the homeowners’ association or eight members, whichever is greater, for  the Office of the Condominium   Ombudsman to appoint a specified  employee or attorney to monitor the homeowners’ association election of directors with the to be borne by the association.

Consistent with the changes to s. 718, F.S., the bill amends s. 720.303, F.S. to prohibit the suspension of a parcel owner or member’s voting rights when voting on the recall of a board member and that  prior suspensions have no effect on any recall.  In particular, any recall dispute filed under s.  720.303(10) must be conducted by the Division  of Florida Condominiums, Timeshares, and Mobile Homes (“Division”) of the DBPR  in accordance with ss. 718.112(2)(l) and 718.1255 with the arbitration decision to be binding.

The bill provides that a director or  officer more than 90 days delinquent in the payment of any assessment due the association is deemed to have abandoned the office, creating a vacancy in the   office to be filled according to law. If a due date is not specifically identified in the declaration, bylaws, or articles of incorporation, the due date is the first day of the assessment period.

The bill modifies recall procedures and prohibits the suspension of a voting interest when voting to recall a member of the board of administration.   The bill also provides that service of a recall agreement be served on the association by registered mail.   A parcel owners recall agreement is rejected if: (i)  improperly served; (ii) executed by a person who was not the record owner or designated voter; (iii)  was previous marked for the removal of any board member; (iv) does not contain any markings that indicate the selection by an owner to either remove or retain a board member; and does not contain the signature of the owner.

The bill deletes the provision that a special meeting of the unit owners to recall members of the board of administration may be called by a certain percentage of the voting interests when proper notice is given and allows electronic transmission being used as a method of giving notice of a meeting called in whole or in part for the purpose of recalling board members.   

The bill amends s. 720.306, F.S. and removes the requirement that secret ballots cast by members who are not in attendance at a meeting be mailed or delivered to the association in a specified manner.   The bill removes the requirement that a valid ballot be cast once confirmed and removes the provision that a member may nominate himself or herself as a candidate for the board at a meeting where the election is held, provided certain conditions are met.   The bill further requires that board members be elected by written ballot or voting machine and  prohibits the use of proxies in electing the board in general elections or in elections to fill vacancies.   The bill also requires the association to mail, deliver, or electronically transmit, to each member entitled to vote on first notice of the date of the election  under a  specified timeframe before the election.

The bill provides that if a staggered term of a board member does not expire until a later annual meeting, or if all the members’ terms would otherwise expire but there are no eligible candidates, the terms of all board members must expire at the annual meeting, and such members may stand for reelection unless prohibited by the declaration, bylaws, or articles of incorporation.

The bill amends s. 720.311, F.S. to provide certain actions need to be tried without a jury.   In addition, the bill provides that the parties are entitled to an immediate hearing and authorizes  the court to limit the time for taking testimony.   The bill authorizes the party filing an action to request a temporary injunction for a certain purpose.   The bill also authorizes a party to remove an action for arbitration and seek a trial de novo in circuit court.   In addition, the bill removes the Department of Business and Professional Regulation requirement to adopt rules.   The bill requires that if an association be ordered, by judgment or decree, to pay a prevailing parcel owner's reasonable attorney fees and cost. 

Chapter 719, Florida Statutes  Co-operative Ownership

The bill provides that a person who has been suspended or removed by the  division or who is delinquent in the payment of any assessment due to the association, is not eligible to be a candidate for board membership and  may not be listed on the ballot.

The bill provides that the Office of the Condominium   Ombudsman, upon petition of 10 percent of the total voting interests in the homeowners’ association or eight members, whichever is greater,  to appoint a specified  employee or attorney to monitor the homeowners’ association election of directors with the to be borne by the association.  

The bill amends recall procedures prohibit the suspension of a voting interest when voting to recall a member of the board of administration.   The bill also provides that service of a recall agreement be served on the association by registered mail.   A parcel owners recall agreement is rejected if: (i)  improperly served; (ii) executed by a person who was not the record owner or designated voter; (iii)  was previous marked for the removal of any board member; (iv) does not contain any markings that indicate the selection by an owner to either remove or retain a board member; and does not contain the signature of the owner.

The bill deletes the provision that a special meeting of the unit owners to recall members of the board of administration may be called by 10 percent of the voting interests when proper notice is given and allows electronic transmission being used as a method of giving notice of a meeting called in whole or in part for the purpose of recalling board members.   

EFFECTIVE JULY 1, 2025