proposing a Constitutional amendment permitting an encumbrance to be fixed on homestead property for an obligation to pay certain homeowners association fees without permitting the forced sale of the homestead. 

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF FLORIDA, THE SENATE CONCURRING:

SECTION 1. ARTICLE X Section 4. Homestead; exemptions.-
 is amended by adding Subsection (a) after the numeral (1) to read as follows; 

(a) An obligation to pay homeowners association fees and/or assessments for maintenance and ownership of common areas, facilities and services is a debt for which an encumbrance may be fixed on homestead property. The homestead, however, is protected from forced sale for the payment of a debt described by this section.

SECTION 2. This proposed Constitutional amendment shall be submitted to the voters at an election to be held November 2, 2004. The ballot shall be printed to permit voting for or against the proposition:

"The Constitutional amendment permits an encumbrance to be fixed on homestead property for an obligation to pay certain homeowners association fees and/or assessments without permitting the forced sale of the homestead."