1 |
A bill to be entitled |
2 |
An act relating to homeowners' and community
associations; |
3 |
creating s. 712.11, F.S.; authorizing certain
associations |
4 |
to revive lapsed covenants; amending s.
718.114, F.S.; |
5 |
providing that certain leaseholds,
memberships, or other |
6 |
possessory or use interests shall be
considered a material |
7 |
alteration or substantial addition to certain
real |
8 |
property; amending s. 720.302, F.S.; revising
certain |
9 |
purposes for regulation; amending s. 720.303,
F.S.; |
10 |
revising notice requirements relating to the
levy of |
11 |
special assessments; authorizing associations
to charge |
12 |
specified fees for providing certain
information to |
13 |
prospective purchasers or lienholders;
limiting liability |
14 |
for providing such information; revising
certain time |
15 |
requirements relating to annual reports of
associations; |
16 |
amending s. 720.305, F.S.; prohibiting a fine
levied by an |
17 |
association from becoming a lien unless the
governing |
18 |
documents claimed to have been violated are
recorded in |
19 |
the public records; amending s. 720.306, F.S.;
providing |
20 |
that certain mergers or consolidations do not
alter |
21 |
specified voting interests; limiting the
right of members |
22 |
to speak at membership meetings; amending s.
720.402, |
23 |
F.S., relating to publication of false or
misleading |
24 |
information; clarifying that the section does
not limit |
25 |
common-law rights; amending s. 720.405, F.S.;
deleting a |
26 |
requirement that a proposed revived governing
document not |
27 |
contain certain restrictive covenants;
repealing s. |
28 |
720.311, F.S., relating to an alternative
dispute |
29 |
resolution process; amending s. 34.01, F.S.;
conforming a |
30 |
cross-reference; providing an effective date. |
31 |
|
32 |
Be It Enacted by the Legislature of the State
of Florida: |
33 |
|
34 |
Section 1. Section
712.11, Florida Statutes, is created to |
35 |
read: |
36 |
712.11 Covenant
revitalization.--A homeowners' association |
37 |
that is not subject to
chapter 720 may use the procedures in ss. |
38 |
720.403-720.407 to revive
covenants that have lapsed pursuant to |
39 |
this chapter. |
40 |
Section 2. Section
718.114, Florida Statutes, is amended |
41 |
to read: |
42 |
718.114 Association
powers.--An association has the power |
43 |
to enter into agreements, to acquire
leaseholds, memberships, |
44 |
and other possessory or use interests in
lands or facilities |
45 |
such as country clubs, golf courses, marinas,
and other |
46 |
recreational facilities. It has this power
whether or not the |
47 |
lands or facilities are contiguous to the
lands of the |
48 |
condominium, if they are intended to provide
enjoyment, |
49 |
recreation, or other use or benefit to the
unit owners. All of |
50 |
these leaseholds, memberships, and other
possessory or use |
51 |
interests existing or created at the time of
recording the |
52 |
declaration must be stated and fully
described in the |
53 |
declaration. Subsequent to the recording of
the declaration, |
54 |
agreements acquiring these
leaseholds, memberships, or other |
55 |
possessory or use
interests shall be considered a material |
56 |
alteration or substantial
addition to the real property that is |
57 |
association
property, and the association may not acquire or |
58 |
enter into agreements acquiring these
leaseholds, memberships, |
59 |
or other possessory or use interests except
as authorized by the |
60 |
declaration as
provided in s. 718.113. The declaration may |
61 |
provide that the rental, membership fees,
operations, |
62 |
replacements, and other expenses are common
expenses and may |
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impose covenants and restrictions concerning
their use and may |
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contain other provisions not inconsistent
with this chapter. A |
65 |
condominium association may conduct bingo
games as provided in |
66 |
s. 849.0931. |
67 |
Section 3. Section
720.302, Florida Statutes, is amended |
68 |
to read: |
69 |
720.302 Purposes,
scope, and application.-- |
70 |
(1) The
purposes of this chapter are to give statutory |
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recognition to corporations not for profit
that operate |
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residential communities in this state, to
provide procedures for |
73 |
operating homeowners' associations, and to
protect the rights of |
74 |
association members without unduly impairing
the ability of such |
75 |
associations to perform their functions. |
76 |
(2) The
Legislature recognizes that it is not in the best |
77 |
interest of homeowners' associations or the
individual |
78 |
association members thereof to create or
impose a bureau or |
79 |
other agency of state government to regulate
the affairs of |
80 |
homeowners' associations. However,
in accordance with s. |
81 |
720.311, the Legislature
finds that homeowners' associations and |
82 |
their individual members
will benefit from an expedited |
83 |
alternative process for
resolution of election and recall |
84 |
disputes and presuit
mediation of other disputes involving |
85 |
covenant enforcement and
authorizes the department to hear, |
86 |
administer, and determine
these disputes as more fully set forth |
87 |
in this chapter.
Further, the Legislature recognizes that |
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certain contract rights have been created for
the benefit of |
89 |
homeowners' associations and members thereof
before the |
90 |
effective date of this act and that ss.
720.301-720.407 are not |
91 |
intended to impair such contract rights,
including, but not |
92 |
limited to, the rights of the developer to
complete the |
93 |
community as initially contemplated. |
94 |
(3) Except
as specifically provided in this chapter, this |
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chapter does not apply to: |
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(a) A
community that is composed of property primarily |
97 |
intended for commercial, industrial, or other
nonresidential |
98 |
use; or |
99 |
(b) The
commercial or industrial parcels in a community |
100 |
that contains both residential parcels and
parcels intended for |
101 |
commercial or industrial use. |
102 |
(4) This
chapter does not apply to any association that is |
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subject to regulation under chapter 718,
chapter 719, or chapter |
104 |
721; or to any nonmandatory association
formed under chapter |
105 |
723. |
106 |
(5) Unless
expressly stated to the contrary, corporations |
107 |
not for profit that operate residential
homeowners' associations |
108 |
in this state shall be governed by and
subject to chapter 617 |
109 |
and this chapter or
chapter 607 if incorporated under that |
110 |
chapter.
This subsection is intended to clarify existing law. |
111 |
Section 4. Subsections
(2), (5), and (7) of section |
112 |
720.303, Florida Statutes, are amended to
read: |
113 |
720.303 Association
powers and duties; meetings of board; |
114 |
official records; budgets; financial
reporting; association |
115 |
funds; recalls.-- |
116 |
(2) BOARD
MEETINGS.-- |
117 |
(a) A
meeting of the board of directors of an association |
118 |
occurs whenever a quorum of the board gathers
to conduct |
119 |
association business. All meetings of the
board must be open to |
120 |
all members except for meetings between the
board and its |
121 |
attorney with respect to proposed or pending
litigation where |
122 |
the contents of the discussion would
otherwise be governed by |
123 |
the attorney-client privilege. |
124 |
(b) Members
have the right to attend all meetings of the |
125 |
board and to speak on any matter placed on
the agenda by |
126 |
petition of the voting interests for at least
3 minutes. The |
127 |
association may adopt written reasonable
rules expanding the |
128 |
right of members to speak and governing the
frequency, duration, |
129 |
and other manner of member statements, which
rules must be |
130 |
consistent with this paragraph and may
include a sign-up sheet |
131 |
for members wishing to speak. Notwithstanding
any other law, the |
132 |
requirement that board meetings and committee
meetings be open |
133 |
to the members is inapplicable to meetings
between the board or |
134 |
a committee and the association's attorney,
with respect to |
135 |
meetings of the board held for the purpose of
discussing |
136 |
personnel matters. |
137 |
(c) The
bylaws shall provide for giving notice to parcel |
138 |
owners and members of all board meetings and,
if they do not do |
139 |
so, shall be deemed to provide the following: |
140 |
1. Notices
of all board meetings must be posted in a |
141 |
conspicuous place in the community at least
48 hours in advance |
142 |
of a meeting, except in an emergency. In
the alternative, if |
143 |
notice is not posted in a conspicuous place
in the community, |
144 |
notice of each board meeting must be mailed
or delivered to each |
145 |
member at least 7 days before the meeting,
except in an |
146 |
emergency. Notwithstanding this general
notice requirement, for |
147 |
communities with more than 100 members, the
bylaws may provide |
148 |
for a reasonable alternative to posting or
mailing of notice for |
149 |
each board meeting, including publication of
notice, provision |
150 |
of a schedule of board meetings, or the
conspicuous posting and |
151 |
repeated broadcasting of the notice on a
closed-circuit cable |
152 |
television system serving the homeowners'
association. However, |
153 |
if broadcast notice is used in lieu of a
notice posted |
154 |
physically in the community, the notice must
be broadcast at |
155 |
least four times every broadcast hour of each
day that a posted |
156 |
notice is otherwise required. When broadcast
notice is provided, |
157 |
the notice and agenda must be broadcast in a
manner and for a |
158 |
sufficient continuous length of time so as to
allow an average |
159 |
reader to observe the notice and read and
comprehend the entire |
160 |
content of the notice and the agenda. The
bylaws or amended |
161 |
bylaws may provide for giving notice by
electronic transmission |
162 |
in a manner authorized by law for meetings of
the board of |
163 |
directors, committee meetings requiring
notice under this |
164 |
section, and annual and special meetings of
the members; |
165 |
however, a member must consent in writing to
receiving notice by |
166 |
electronic transmission. |
167 |
2. A
special An
assessment may not be levied at a board |
168 |
meeting unless the notice of the meeting
includes a statement |
169 |
that special
assessments will be considered and the nature of |
170 |
such the
assessments. Written notice of any meeting at which |
171 |
special assessments will be considered or at
which amendments to |
172 |
rules regarding parcel use will be considered
must be mailed, |
173 |
delivered, or electronically transmitted to
the members and |
174 |
parcel owners and posted conspicuously on the
property or |
175 |
broadcast on closed-circuit cable television
not less than 14 |
176 |
days before the meeting. |
177 |
3. Directors
may not vote by proxy or by secret ballot at |
178 |
board meetings, except that secret ballots
may be used in the |
179 |
election of officers. This subsection also
applies to the |
180 |
meetings of any committee or other similar
body, when a final |
181 |
decision will be made regarding the
expenditure of association |
182 |
funds, and to meetings
of any body vested with the power to |
183 |
approve or disapprove architectural decisions
with respect to a |
184 |
specific parcel of residential property owned
by a member of the |
185 |
community. |
186 |
(d) If
20 percent of the total voting interests petition |
187 |
the board to address an item of business, the
board shall at its |
188 |
next regular board meeting or at a special
meeting of the board, |
189 |
but not later than 60 days after the receipt
of the petition, |
190 |
take the petitioned item up on an agenda. The
board shall give |
191 |
all members notice of the meeting at which
the petitioned item |
192 |
shall be addressed in accordance with the
14-day notice |
193 |
requirement pursuant to subparagraph (c)2.
Each member shall |
194 |
have the right to speak for at least 3
minutes on each matter |
195 |
placed on the agenda by petition, provided
that the member signs |
196 |
the sign-up sheet, if one is provided, or
submits a written |
197 |
request to speak prior to the meeting. Other
than addressing the |
198 |
petitioned item at the meeting, the board is
not obligated to |
199 |
take any other action requested by the
petition. |
200 |
(5) INSPECTION
AND COPYING OF RECORDS.--The official |
201 |
records shall be maintained within the state
and must be open to |
202 |
inspection and available for photocopying by
members or their |
203 |
authorized agents at reasonable times and
places within 10 |
204 |
business days after receipt of a written
request for access. |
205 |
This subsection may be complied with by
having a copy of the |
206 |
official records available for inspection or
copying in the |
207 |
community. If the association has a photocopy
machine available |
208 |
where the records are maintained, it must
provide parcel owners |
209 |
with copies on request during the inspection
if the entire |
210 |
request is limited to no more than 25 pages. |
211 |
(a) The
failure of an association to provide access to the |
212 |
records within 10 business days after receipt
of a written |
213 |
request creates a rebuttable presumption that
the association |
214 |
willfully failed to comply with this
subsection. |
215 |
(b) A
member who is denied access to official records is |
216 |
entitled to the actual damages or minimum
damages for the |
217 |
association's willful failure to comply with
this subsection. |
218 |
The minimum damages are to be $50 per
calendar day up to 10 |
219 |
days, the calculation to begin on the 11th
business day after |
220 |
receipt of the written request. |
221 |
(c) The
association may adopt reasonable written rules |
222 |
governing the frequency, time, location,
notice, records to be |
223 |
inspected, and manner of inspections, but may
not impose a |
224 |
requirement that a parcel owner demonstrate
any proper purpose |
225 |
for the inspection, state any reason for the
inspection, or |
226 |
limit a parcel owner's right to inspect
records to less than one |
227 |
8-hour business day per month. The
association may impose fees |
228 |
to cover the costs of providing copies of the
official records, |
229 |
including, without limitation, the costs of
copying. The |
230 |
association may charge up to 50 cents per
page for copies made |
231 |
on the association's photocopier. If the
association does not |
232 |
have a photocopy machine available where the
records are kept, |
233 |
or if the records requested to be copied
exceed 25 pages in |
234 |
length, the association may have copies made
by an outside |
235 |
vendor and may charge the actual cost of
copying. The |
236 |
association shall maintain an adequate number
of copies of the |
237 |
recorded governing documents, to ensure their
availability to |
238 |
members and prospective members.
Notwithstanding the provisions |
239 |
of this paragraph, the following records
shall not be accessible |
240 |
to members or parcel owners: |
241 |
1. Any
record protected by the lawyer-client privilege as |
242 |
described in s. 90.502 and any record
protected by the work- |
243 |
product privilege, including, but not limited
to, any record |
244 |
prepared by an association attorney or
prepared at the |
245 |
attorney's express direction which reflects a
mental impression, |
246 |
conclusion, litigation strategy, or legal
theory of the attorney |
247 |
or the association and was prepared
exclusively for civil or |
248 |
criminal litigation or for adversarial
administrative |
249 |
proceedings or which was prepared in
anticipation of imminent |
250 |
civil or criminal litigation or imminent
adversarial |
251 |
administrative proceedings until the
conclusion of the |
252 |
litigation or adversarial administrative
proceedings. |
253 |
2. Information
obtained by an association in connection |
254 |
with the approval of the lease, sale, or
other transfer of a |
255 |
parcel. |
256 |
3. Disciplinary,
health, insurance, and personnel records |
257 |
of the association's employees. |
258 |
4. Medical
records of parcel owners or community |
259 |
residents. |
260 |
(d) The
association is not required to give a prospective |
261 |
purchaser or lienholder
information about the subdivision or the |
262 |
association other than
that required to be disclosed under this |
263 |
chapter. It may charge the
prospective purchaser, lienholder, or |
264 |
current parcel owner or
member a reasonable fee not to exceed |
265 |
$150 to provide such
information, other than information |
266 |
required by law, plus the
reasonable cost of photocopying and |
267 |
attorney's fees incurred
by the association in connection with |
268 |
the response. |
269 |
(e) An
association is not liable for providing such |
270 |
information in good faith
pursuant to a written request if the |
271 |
person providing the
information includes a written statement in |
272 |
substantially the
following form: "The responses herein are made |
273 |
in good faith and to the
best of my ability as to their |
274 |
accuracy." |
275 |
(7) FINANCIAL
REPORTING.--The association shall prepare an |
276 |
annual financial report by
a date specified in the bylaws or |
277 |
within 90
60 days after the close of the
fiscal year. The |
278 |
association shall, within 21
days after the report is prepared |
279 |
but not later than
120 days after the end of the fiscal year the |
280 |
time limits set
forth in subsection (5), provide each member |
281 |
with a copy of the annual financial report or
a written notice |
282 |
that a copy of the financial report is
available upon request at |
283 |
no charge to the member. Financial reports
shall be prepared as |
284 |
follows: |
285 |
(a) An
association that meets the criteria of this |
286 |
paragraph shall prepare or cause to be
prepared a complete set |
287 |
of financial statements in accordance with
generally accepted |
288 |
accounting principles. The financial
statements shall be based |
289 |
upon the association's total annual revenues,
as follows: |
290 |
1. An
association with total annual revenues of $100,000 |
291 |
or more, but less than $200,000, shall
prepare compiled |
292 |
financial statements. |
293 |
2. An
association with total annual revenues of at least |
294 |
$200,000, but less than $400,000, shall
prepare reviewed |
295 |
financial statements. |
296 |
3. An
association with total annual revenues of $400,000 |
297 |
or more shall prepare audited financial
statements. |
298 |
(b)1. An
association with total annual revenues of less |
299 |
than $100,000 shall prepare a report of cash
receipts and |
300 |
expenditures. |
301 |
2. An
association in a community of fewer than 50 parcels, |
302 |
regardless of the association's annual
revenues, may prepare a |
303 |
report of cash receipts and expenditures in
lieu of financial |
304 |
statements required by paragraph (a) unless
the governing |
305 |
documents provide otherwise. |
306 |
3. A
report of cash receipts and disbursement must |
307 |
disclose the amount of receipts by accounts
and receipt |
308 |
classifications and the amount of expenses by
accounts and |
309 |
expense classifications, including, but not
limited to, the |
310 |
following, as applicable: costs for security,
professional, and |
311 |
management fees and expenses; taxes; costs
for recreation |
312 |
facilities; expenses for refuse collection
and utility services; |
313 |
expenses for lawn care; costs for building
maintenance and |
314 |
repair; insurance costs; administration and
salary expenses; and |
315 |
reserves if maintained by the association. |
316 |
(c) If
20 percent of the parcel owners petition the board |
317 |
for a level of financial reporting higher
than that required by |
318 |
this section, the association shall duly
notice and hold a |
319 |
meeting of members within 30 days of receipt
of the petition for |
320 |
the purpose of voting on raising the level of
reporting for that |
321 |
fiscal year. Upon approval of a majority of
the total voting |
322 |
interests of the parcel owners, the
association shall prepare or |
323 |
cause to be prepared, shall amend the budget
or adopt a special |
324 |
assessment to pay for the financial report
regardless of any |
325 |
provision to the contrary in the governing
documents, and shall |
326 |
provide within 90 days of the meeting or the
end of the fiscal |
327 |
year, whichever occurs later: |
328 |
1. Compiled,
reviewed, or audited financial statements, if |
329 |
the association is otherwise required to
prepare a report of |
330 |
cash receipts and expenditures; |
331 |
2. Reviewed
or audited financial statements, if the |
332 |
association is otherwise required to prepare
compiled financial |
333 |
statements; or |
334 |
3. Audited
financial statements if the association is |
335 |
otherwise required to prepare reviewed
financial statements. |
336 |
(d) If
approved by a majority of the voting interests |
337 |
present at a properly called meeting of the
association, an |
338 |
association may prepare or cause to be
prepared: |
339 |
1. A
report of cash receipts and expenditures in lieu of a |
340 |
compiled, reviewed, or audited financial
statement; |
341 |
2. A
report of cash receipts and expenditures or a |
342 |
compiled financial statement in lieu of a
reviewed or audited |
343 |
financial statement; or |
344 |
3. A
report of cash receipts and expenditures, a compiled |
345 |
financial statement, or a reviewed financial
statement in lieu |
346 |
of an audited financial statement. |
347 |
Section 5. Subsection
(2) of section 720.305, Florida |
348 |
Statutes, is amended to read: |
349 |
720.305 Obligations
of members; remedies at law or in |
350 |
equity; levy of fines and suspension of use
rights; failure to |
351 |
fill sufficient number of vacancies on board
of directors to |
352 |
constitute a quorum; appointment of receiver
upon petition of |
353 |
any member.-- |
354 |
(2) If
the governing documents so provide, an association |
355 |
may suspend, for a reasonable period of time,
the rights of a |
356 |
member or a member's tenants, guests, or
invitees, or both, to |
357 |
use common areas and facilities and may levy
reasonable fines, |
358 |
not to exceed $100 per violation, against any
member or any |
359 |
tenant, guest, or invitee. A fine may be
levied on the basis of |
360 |
each day of a continuing violation, with a
single notice and |
361 |
opportunity for hearing, except that no such
fine shall exceed |
362 |
$1,000 in the aggregate unless otherwise
provided in the |
363 |
governing documents. A fine shall not become
a lien against a |
364 |
parcel unless it is
levied for a violation of governing |
365 |
documents that have been
recorded in the public records of the |
366 |
county where the
property is located. In any action to recover a |
367 |
fine, the prevailing party is entitled to
collect its reasonable |
368 |
attorney's fees and costs from the
nonprevailing party as |
369 |
determined by the court. |
370 |
(a) A
fine or suspension may not be imposed without notice |
371 |
of at least 14 days to the person sought to
be fined or |
372 |
suspended and an opportunity for a hearing
before a committee of |
373 |
at least three members appointed by the board
who are not |
374 |
officers, directors, or employees of the
association, or the |
375 |
spouse, parent, child, brother, or sister of
an officer, |
376 |
director, or employee. If the committee, by
majority vote, does |
377 |
not approve a proposed fine or suspension, it
may not be |
378 |
imposed. |
379 |
(b) The
requirements of this subsection do not apply to |
380 |
the imposition of suspensions or fines upon
any member because |
381 |
of the failure of the member to pay
assessments or other charges |
382 |
when due if such action is authorized by the
governing |
383 |
documents. |
384 |
(c) Suspension
of common-area-use rights shall not impair |
385 |
the right of an owner or tenant of a parcel
to have vehicular |
386 |
and pedestrian ingress to and egress from the
parcel, including, |
387 |
but not limited to, the right to park. |
388 |
Section 6. Subsections
(1) and (6) of section 720.306, |
389 |
Florida Statutes, are amended to read: |
390 |
720.306 Meetings
of members; voting and election |
391 |
procedures; amendments.-- |
392 |
(1) QUORUM;
AMENDMENTS.-- |
393 |
(a) Unless
a lower number is provided in the bylaws, the |
394 |
percentage of voting interests required to
constitute a quorum |
395 |
at a meeting of the members shall be 30
percent of the total |
396 |
voting interests. Unless otherwise provided
in this chapter or |
397 |
in the articles of incorporation or bylaws,
decisions that |
398 |
require a vote of the members must be made by
the concurrence of |
399 |
at least a majority of the voting interests
present, in person |
400 |
or by proxy, at a meeting at which a quorum
has been attained. |
401 |
(b) Unless
otherwise provided in the governing documents |
402 |
or required by law, and other than those
matters set forth in |
403 |
paragraph (c), any governing document of an
association may be |
404 |
amended by the affirmative vote of two-thirds
of the voting |
405 |
interests of the association. |
406 |
(c) Unless
otherwise provided in the governing documents |
407 |
as originally recorded or permitted by this
chapter or chapter |
408 |
617, an amendment may not materially and
adversely alter the |
409 |
proportionate voting interest appurtenant to
a parcel or |
410 |
increase the proportion or percentage by
which a parcel shares |
411 |
in the common expenses of the association
unless the record |
412 |
parcel owner and all record owners of liens
on the parcels join |
413 |
in the execution of the amendment. For
purposes of this section, |
414 |
a change in quorum requirements is not an
alteration of voting |
415 |
interests. The
merger or consolidation of associations under a |
416 |
plan of merger or
consolidation pursuant to chapter 607 or |
417 |
chapter 617 is not a
material or adverse alteration of the |
418 |
proportionate voting
interest appurtenant to a parcel. |
419 |
(6) RIGHT
TO SPEAK.--Members and parcel owners have the |
420 |
right to attend all membership meetings and
to speak at any |
421 |
meeting with reference to all items opened
for discussion or |
422 |
included on the agenda. Notwithstanding any
provision to the |
423 |
contrary in the governing documents or any
rules adopted by the |
424 |
board or by the membership, a member and a
parcel owner have the |
425 |
right to speak for at least 3 minutes on any agenda
item, if |
426 |
provided that the
member or parcel owner submits a written |
427 |
request to speak prior to the meeting. The
association may adopt |
428 |
written reasonable rules governing the
frequency, duration, and |
429 |
other manner of member and parcel owner
statements, which rules |
430 |
must be consistent with this subsection. |
431 |
Section 7. Subsection
(3) is added to section 720.402, |
432 |
Florida Statutes, to read: |
433 |
720.402 Publication
of false and misleading information.-- |
434 |
(3) This
section does not limit any rights provided by |
435 |
common law. |
436 |
Section 8. Subsection
(4) of section 720.405, Florida |
437 |
Statutes, is amended to read: |
438 |
720.405 Organizing
committee; parcel owner approval.-- |
439 |
(4) The
proposed revived declaration and other governing |
440 |
documents for the community shall: |
441 |
(a) Provide
that the voting interest of each parcel owner |
442 |
shall be the same as the voting interest of
the parcel owner |
443 |
under the previous governing documents; |
444 |
(b) Provide
that the proportional-assessment obligations |
445 |
of each parcel owner shall be the same as
proportional- |
446 |
assessment obligations of the parcel owner
under the previous |
447 |
governing documents; |
448 |
(c) Contain
the same respective amendment provisions as |
449 |
the previous governing documents or, if there
were no amendment |
450 |
provisions in the previous governing
document, amendment |
451 |
provisions that require approval of not less
than two-thirds of |
452 |
the affected parcel owners; and |
453 |
(d) Contain
no covenants that are more restrictive on the |
454 |
affected parcel owners than the covenants
contained in the |
455 |
previous governing
documents, except as permitted under s. |
456 |
720.404(3); and |
457 |
(d)(e) Comply
with the other requirements for a |
458 |
declaration of covenants and other governing
documents as |
459 |
specified in this chapter. |
460 |
Section 9. Section
720.311, Florida Statutes, is repealed. |
461 |
Section 10. Subsection
(1) of section 34.01, Florida |
462 |
Statutes, is amended to read: |
463 |
34.01 Jurisdiction
of county court.-- |
464 |
(1) County
courts shall have original jurisdiction: |
465 |
(a) In
all misdemeanor cases not cognizable by the circuit |
466 |
courts; |
467 |
(b) Of
all violations of municipal and county ordinances; |
468 |
(c) Of
all actions at law in which the matter in |
469 |
controversy does not exceed the sum of
$15,000, exclusive of |
470 |
interest, costs, and attorney's fees, except
those within the |
471 |
exclusive jurisdiction of the circuit courts;
and |
472 |
(d) Of
disputes occurring in the homeowners' associations |
473 |
as described in s. 720.311(2)(a),
Florida Statutes 2005, which |
474 |
shall be concurrent with jurisdiction of the
circuit courts. |
475 |
Section 11. This
act shall take effect July 1, 2006. |