Two bills (HB1373 & SB2816) currently before the Florida Legislature will, if passed, appear to bring some long overdue protections to individual condominium owners in Florida.

But we can be sure that the powerful legal and service provider lobbies will work hard to oppose the bills, or dilute their effectiveness - if only because they will change the status quo by shifting some power back to the individual condominium owners.

So, if the bills are to survive intact, you will need to contact your Florida State Senator & Representative NOW (find their names here) and urge their support of HB1373 and SB2816.

The major changes to the Condominium Statute (FS 718) proposed are summarized below:

  • 718.111 Requires advance notice of non-emergency access to condominium units, requires association records to be available for inspection by owners within 30 miles of the condominium , further protects personal information of owners and renters. defines how and when a condominium should be reconstructed or terminated after a casualty, and how costs not covered by insurance are to be shared amongst owners.
  • 718.112 Removes the limit on the number of unit owner queries which an Association must respond to, prohibits actions and resolutions without open board meetings, enables 20% of owners to require an agenda item at board and owner meetings, requires that ballot boxes be kept locked until an election meeting, limits the amount a board can borrow except in an emergency, and requires more immediate action following a recall.
  • 718.113 Requires professional inspection of the condominium building every 5 years, and prohibits association rules which limit religious freedoms, or which conflict with statutes or condominium documents.
  • 718.1123: Provides protections from abuse against owners by the Association or its agents.
  • 718.1224: Prohibits Strategic Lawsuits Against Public Participation (SLAPP suits).
  • 718.3025: Prohibits contracts between associations and service providers which contain automatic renewal clauses, or whose term exceeds 3 years - and requires association attorney approval of certain high value contracts.
  • 718.303: Requires that hearings for rules violations be held by a committee of non-directors, and more stringent notification requirements for rules violations.
  • 718.501: Provides for mandatory remedial education of associations which have been found in violation of the statutes, and for owner notification of such violations.
  • 718.5011: More clearly defines the role of the Ombudsman.