SB 948 -- Relating to Condominiums

Last Action: 05/06/2005 S Died in Committee on Judiciary

S 948    GENERAL BILL by Senator Jones
04/25/05 SENATE CS by Regulated Industries; YEAS 10 NAYS 0

CODING: Words stricken are deletions; words underlined are additions. 
 

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 948  

Barcode 413176 CHAMBER ACTION Senate House . 

11 The Committee on Regulated Industries (Jones, and Hill) 

12 recommended the following amendment:

13

14 Senate Amendment (with title amendment)

15 Delete everything after the enacting clause

16 

17 and insert: 

18 Section 1. The Advisory Council on Condominiums is 

19 directed to hold public hearings, study available options and 

20 proposals, and prepare a report to the Legislature, including 

21 recommended legislation, dealing with the protection and 

22 preservation of condominium property at the time of 

23 anticipated catastrophic windstorm events and the recovery and 

24 rebuilding following such events. Recommendations should 

25 consider the communication options with condominium owners in 

26 times of anticipated and declared emergencies, financial 

27 planning for protecting and rebuilding condominium property 

28 following such events, and the powers and responsibilities of 

29 unit owners and the board of directors of the condominium 

30 association before, during, and after such occurrences. 

31 Section 2. Subsection (2) of section 720.305, Florida 

                                                       PAGE 1 

1 Statutes, is amended to read: 

2 720.305 Obligations of members; remedies at law or in 

3 equity; levy of fines and suspension of use rights; failure to 

4 fill sufficient number of vacancies on board of directors to 

5 constitute a quorum; appointment of receiver upon petition of 

6 any member.-- 

7 (2) If the governing documents so provide, an 

8 association may suspend, for a reasonable period of time, the 

9 rights of a member or a member's tenants, guests, or invitees, 

10 or both, to use common areas and facilities and may levy 

11 reasonable fines, not to exceed $100 per violation, against 

12 any member or any tenant, guest, or invitee. A fine may be 

13 levied on the basis of each day of a continuing violation, 

14 with a single notice and opportunity for hearing, except that 

15 no such fine shall exceed $1,000 in the aggregate unless 

16 otherwise provided in the governing documents. A fine shall 

17 not become a lien against a parcel unless it is imposed for 

18 violations of use restrictions on the land. In any action to 

19 recover a fine, the prevailing party is entitled to collect 

20 its reasonable attorney's fees and costs from the 

21 nonprevailing party as determined by the court. 

22 (a) A fine or suspension may not be imposed without 

23 notice of at least 14 days to the person sought to be fined or 

24 suspended and an opportunity for a hearing before a committee 

25 of at least three members appointed by the board who are not 

26 officers, directors, or employees of the association, or the 

27 spouse, parent, child, brother, or sister of an officer, 

28 director, or employee. If the committee, by majority vote, 

29 does not approve a proposed fine or suspension, it may not be 

30 imposed. 

31 (b) The requirements of this subsection do not apply 

                                                          PAGE 2

1 to the imposition of suspensions or fines upon any member 

2 because of the failure of the member to pay assessments or 

3 other charges when due if such action is authorized by the 

4 governing documents. 

5 (c) Suspension of common-area-use rights shall not 

6 impair the right of an owner or tenant of a parcel to have 

7 vehicular and pedestrian ingress to and egress from the 

8 parcel, including, but not limited to, the right to park. 

9 Section 3. Paragraphs (b) and (c) of subsection (2) 

10 and subsection (3) of section 720.311, Florida Statutes, are 

11 amended to read: 

12 720.311 Dispute resolution.-- 

13 (2) 

14 (b) If mediation as described in paragraph (a) is not 

15 successful in resolving all issues between the parties, the 

16 parties may file the unresolved dispute in a court of 

17 competent jurisdiction or elect to enter into binding or 

18 nonbinding arbitration pursuant to the procedures set forth in 

19 s. 718.1255 and rules adopted by the division, with the 

20 arbitration proceeding to be conducted by a department 

21 arbitrator or by a private arbitrator certified by the 

22 department. If all parties do not agree to arbitration 

23 proceedings following an unsuccessful mediation, any party may 

24 file the dispute in court. A final order resulting from 

25 nonbinding arbitration is final and enforceable in the courts 

26 if a complaint for trial de novo is not filed in a court of 

27 competent jurisdiction within 30 days after entry of the 

28 order. The failure of any party to make payment of fees and 

29 costs within the time established by department rule or to 

30 appear for a scheduled mediation session or arbitration 

31 proceeding shall operate as an impasse in the proceeding 

                                          PAGE 3

1 between the parties, entitling the other party to proceed in 

2 court and to receive and enforce an award of costs and fees 

3 associated with the mediation or arbitration. 

4 (c) The department shall develop a certification and 

5 training program for private mediators and private arbitrators 

6 which shall emphasize experience and expertise in the area of 

7 the operation of community associations. A mediator or 

8 arbitrator shall be certified by the department only if he or 

9 she has met the qualifications for a mediator established for 

10 circuit court mediators has attended at least 20 hours of 

11 training in mediation or arbitration, as appropriate, and only 

12 if the applicant has mediated or arbitrated at least 10 

13 disputes involving community associations within 5 years prior 

14 to the date of the application, or has mediated or arbitrated 

15 10 disputes in any area within 5 years prior to the date of 

16 application and has completed 20 hours of training in 

17 community association disputes. In order to be certified by 

18 the department, any mediator must also be certified by the 

19 Florida Supreme Court. The department may conduct the training 

20 and certification program within the department or may 

21 contract with an outside vendor to perform the training or 

22 certification. The expenses of operating the training and 

23 certification and training program shall be paid by the moneys 

24 and filing fees generated by the arbitration of recall and 

25 election disputes and by the mediation of those disputes 

26 referred to in this subsection and by the training fees. 

27 (3) The department shall develop an education program 

28 to assist homeowners, associations, board members, and 

29 managers in understanding and increasing awareness of the 

30 operation of homeowners' associations pursuant to this chapter 

31 and in understanding the use of alternative dispute resolution 

                                           PAGE 4 
1 techniques in resolving disputes between parcel owners and 

2 associations or between owners. Such education program may

3 include the development of pamphlets and other written 

4 instructional guides, the holding of classes and meetings by 

5 department employees or outside vendors, as the department 

6 determines, and the creation and maintenance of a website 

7 containing instructional materials. The expenses of operating 

8 the education program shall be initially paid by the moneys 

9 and filing fees generated by the arbitration of recall and 

10 election disputes and by the mediation of those disputes 

11 referred to in this subsection. 

12 Section 4. Section 712.11, Florida Statutes, is 

13 created to read: 

14 712.11 Covenants and restrictions.--A homeowners' 

15 association that is not otherwise subject to chapter 720 may 

16 use the procedures provided in ss. 720.403-720.407 to revive a 

17 declaration of covenants and restrictions that has been 

18 extinguished by this chapter entitled Marketable Record Titles 

19 to Real Property. 

20 Section 5. This act shall take effect upon becoming a 

21 law. 

22 

23 

24 ================ T I T L E A M E N D M E N T =============== 

25 And the title is amended as follows: 

26 Delete everything before the enacting clause 

27 

28 and insert: 

29 A bill to be entitled 

30 An act relating to community associations; 

31 directing the Advisory Council on Condominiums 

                                                      PAGE 5

1 to hold public hearings and prepare and present 

2 a report to the Legislature regarding certain 

3 issues relating to the powers of condominium 

4 associations during catastrophic windstorm 

5 events and the recovery and rebuilding 

6 following such events; amending s. 720.305, 

7 F.S.; providing that a fine levied by a 

8 homeowners' association against a homeowner 

9 shall not become a lien against a parcel unless 

10 it is imposed for violations of use 

11 restrictions on the land; amending s. 720.311, 

12 F.S.; providing that the failure of a party to 

13 make payment of fees and costs or appear for a 

14 mediation session or arbitration proceeding 

15 acts as an impasse in the proceeding and 

16 entitles the other party to proceed in court 

17 and to receive and enforce an award of costs 

18 and fees associated with the mediation or 

19 arbitration; deleting the training hours 

20 required for certification of mediators and 

21 arbitrators; providing that qualifications for 

22 certification as a mediator or arbitrator will 

23 be established by the Florida Supreme Court; 

24 deleting a provision requiring the initial 

25 costs of educating homeowners and other parties 

26 about homeowners' associations and the use of 

27 alternative dispute resolution techniques to be 

28 paid from moneys and filing fees generated by 

29 the arbitration of recall and election disputes 

30 and by the mediation of those disputes; 

31 creating s. 712.11, F.S.; providing for the 

                                                      PAGE 6

1 revival of certain declarations that have been 2 extinguished; providing an effective date. 

CODING: Words stricken are deletions; words underlined are additions.