Bill would curb authority
of homeowners associations
ARTICLE COURTESY OF NAPLES DAILY NEWS
By LARRY HANNAN
April 27, 2004

TALLAHASSEE — People battling dictatorial homeowners associations may soon have more power to fight back. 

The state Senate on Monday tentatively approved a bill curbing the authority of homeowners associations. Final approval is expected later in the week and could come as early as today. 

The legislation is aimed at improving the climate in many planned communities where litigation between members and governing bodies over flower pots, flag poles and other issues has become a multimillion-dollar legal business. 

The measure gives homeowners easier access to financial information and allows them time during homeowners meetings to address their concerns. It also sets up mandatory mediation before a dispute can be taken to court. 

This bill would also allow a 20 percent vote of members to place an item on the agenda and requires boards to give at least 14 days notice of upcoming meetings called to consider special assessments. It also provides that fines by a homeowners association cannot become a lien against a homeowner's land unless a judge orders it. 

The lien rule was criticized by Sen. Bill Posey, R-Rockledge, who said it was unfair to homeowners associations that were legitimately levying fines. 

Posey attempted to get the lien rule thrown out of the bill but was unsuccessful. 

Jeff Atwater, R-North Palm Beach, said the lien rule was fair because a legitimate fine would be approved by a judge if a civil case was filed. 

Atwater sponsored the bill and said it was needed to protect individual homeowners. 

Gov. Jeb Bush and the state House must still approve the bill. The House version was referred to the House Appropriations Committee on Friday. 

The legislation was originally proposed by a task force that Bush had established to reduce tension between homeowners and boards. 

Unlike condominium associations, which have been regulated by the Department of Business and Professional Regulation for years, the daily workings of homeowners associations have gone largely unchecked. 

In 2002, the Island Walk Homeowners Association demanded that Patrick Purnell remove a Marine Corps flag from his garage or face legal action, citing bylaws restricting homeowners to fly one American flag. Purnell, whose son was serving in the Corps, complied. 

The bill contains several provisions to protect individual property owners from being intimidated by their association boards or local governments. One provides for triple damages against the association or local government if the homeowner wins in court. The bills also require mandatory mediation between individuals and associations before cases end up in court.

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