webinar: the 2013 florida legislative session: analysis of the impacts on community associations

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May 16, 2013 Presented by Yeline Goin, Esq. With Special Guest Rep. George R. Moraitis, Jr. Moderated by Lisa A. Magill, Esq. The 2013 Florida Legislative Session Analysis of the Impacts on Community Associations

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Page 1: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

May 16, 2013

Presented by Yeline Goin, Esq.With Special Guest Rep. George R. Moraitis, Jr.Moderated by Lisa A. Magill, Esq.

The 2013 Florida Legislative Session Analysis of the Impacts on Community Associations

Page 2: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Today’s Presenters

Yeline Goin, Esq.Executive Director

Community AssociationLeadership Lobby

Hon.  George R. Moraitis, Jr.Florida House of Representatives

Lisa A. Magill, Esq. Moderator

Page 3: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

HB 73: ELEVATORS

Page 4: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Elevator Upgrades – Condominiums and Cooperatives (HB 73)

Existing elevators will not need to comply with mandatory Phase II Firefighters upgrades until the elevator is replaced or requires major modification.

Previous, elevator upgrades were required to be made by July 1, 2015.

Page 5: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

HB 73: INSURANCE

Page 6: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Insurable Events – Condominiums (HB 73)

Clarifies that the association is responsible for damage that is

– insured by the association and

– that is damaged by “an insurable event”.

Page 7: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

HB 73: OFFICIAL RECORDS

Page 8: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Portable Devices – Condominiums, Cooperatives & HOAs (HB 73)

Portable device may be used to copy official records.

No charge for copies when a portable device is used.

Page 9: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Directories – Condominiums, Cooperatives & HOAs (HB 73)

Association may print and distribute directory.

Owner may request exclusion of phone number in writing.

Page 10: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

New Record Requirements – Cooperatives (HB 73)

Records to be maintained for 7 years/within 45 miles.

Records may be made available electronically.

Failure to permit inspection has penalties, including attorney fees and costs.

Destruction/failure to maintain document has civil penalties.

Copies of year-end financial statement must be made available to owners and prospective buyers.

Page 11: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Protected Records – Cooperatives (HB 73)

Attorney/client or work product privilege.

Personnel records.

Certain personal information of owners.

Security data (passwords).

Software or Operating System used by association.

Page 12: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Personnel Records – HOAs (HB 73)

Personnel records of association or management company employees are not to be inspected by owners.

This protection is new for management company employees.

Page 13: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Official Records – HOAs (HB 7119)

Records to be maintained for 7 years/within 45 miles.

Records may be made available electronically.

Personnel costs for copies/retrieval.

Copies reduced from .50 to .25/page.

Actual outside vendor cost if more than 25 pages.

Page 14: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

HB 73: FINANCIAL REPORTING

Page 15: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Financial Reporting – Condos & HOAs (HB 73)

Compiled financial statements required for annual revenues

$150,000-$300,000.

Reviewed financial statements required for

$300,000-$500,000.

Audited financial statements for

>$500,000.

Report of cash receipts and expenditures for

<$150,000, and all associations of less than 50 units, regardless of annual revenues.

Page 16: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

HB 73: BOARDS OF DIRECTORS

Page 17: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Board Member Terms & Qualifications- Condominiums (HB 73)

Governing documents can provide for two year terms, which negates the need for owner vote.

Page 18: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Director Certification/Educational Certificates – Condominiums (HB 73)

Association secretary must retain certification for 5 years after election or the duration of the director’s term, whichever is longer.

Page 19: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

New Board Certification Requirement – Cooperatives (HB 73) & HOAs (HB 7119)

Written certification within 90 days of election that board member has read and will uphold governing documents.

Or participate in a board member education course.

Board member is suspended until he/she complies.

Certificate to be maintained for 5 years after election, or duration of tenure.

Board action not affected by failure to get certification.

Page 20: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Elections- Timeshares (HB 73 & HB 7025)

Timeshares do not have to follow the “two-notice” system that applies to condominiums.

Page 21: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Elections – Condominiums, Cooperatives & HOAs (HB 73)

Any challenge to the election process must take place within 60 days after the results are announced.

Page 22: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Elections – HOAs (HB 7119)

Nominations from the floor are not required if nominations are submitted in advance of the meeting.

Election is not required unless more candidates are nominated than vacancies exist.

Page 23: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Recalls – Condominiums, Cooperatives & HOAs (HB 73)

If board doesn’t act on a recall petition, owner representative can challenge the failure.

Petition must be filed within 60 days after board fails to act.

Recalled board member may file a petition for arbitration to challenge the validity of recall within 60 days after recall certified.

No recall petitions accepted by Division if 60 days or fewer until next election or if 60 days or fewer have not elapsed since election.

Page 24: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Hurricane Protection – Condominiums (HB 73)

Board can now install code-compliant doors or other protection also.

Vote of owners not required if doors are the association responsibility.

Credit to owner for installed hurricane protection.

Page 25: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Suspension of Use Rights – Condominiums, Cooperatives & HOAs (HB 73)

Suspension of use rights for failure to comply with governing documents does not apply to

– Limited common elements used only by that unit

– Common elements needed to access unit

– Utility services provided to unit

– Parking spaces

– Elevators

Page 26: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Mortgagee Consent for Amendments – Cooperatives & HOAs (HB 73)

Incorporates the mortgagee consent provisions already in the Condo Act.

Page 27: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Reporting to DBPR – HOAs (HB 7119)

Every CAM/HOA must report identifying information to Division by 11/22/13.

DBPR will have online registration system by 10/1/13.

DBPR will submit HOA report to Governor by 12/1/13.

One time requirement.

Sunsets on 7/1/16.

Page 28: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Contracts with Board Members – HOAs (HB 7119)

Contracts with Board Members

– Must comply with F.S. 617.0832.

– Enter disclosures into written minutes of meeting.

– 2/3 vote of directors’ affirmative vote required.

– Next meeting of members, contract maybe canceled by majority vote.

Page 29: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Goods or Services of Value to Board Members – HOAs (HB 7119)

No kickbacks.

Cause for removal of officer or director.

May accept food to be consumed at a business meeting with a value of less than $25 or goods and services at trade fairs or education programs.

Page 30: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Criminal Charges Against Board Member- HOAs (HB 7119)

Director or Officer who is charged by information or indictment with embezzlement/theft is removed from office.

If resolved without a finding of guilt, the director/office shall be reinstated.

Member who has such criminal charges pending is ineligible for position.

Page 31: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Insurance and Fidelity Bond for Board Members – HOAs (HB 7119)

Insurance or fidelity bond required to cover maximum funds in association’s custody.

Covers all persons who control or disburse funds of the association.

May be waived annually by vote of the owners.

Page 32: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Amendments – HOAs (HB 7119)

Copies of amendments must be provided to members within 30 days after recording.

Page 33: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Developer Turnover Affecting Board Makeup – HOAs (HB 7119)

Members entitled to elect majority of board when– Developer abandons responsibility for amenities or

infrastructure.– Developer goes into Chapter 7 bankruptcy.– Developer loses title through foreclosure.– Receiver is appointed for developer.

At least one non-developer member when 50% of units have been sold.

Page 34: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Developer Amendments – HOAs (HB 7119)

Prior to turnover, developer’s amendments to governing documents must be reasonable.

Page 35: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Association Liability for Unpaid Assessments – HOAs (HB 7119)

An association that acquires title through foreclosure is not liable for unpaid assessments.

Intent is to allow association to demand past due assessments from next owner.

Page 36: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Mortgage Foreclosures – Condominiums, Cooperatives & HOAs (HB 87)

Banks will have one year to enforce a deficiency judgment.

Limits on deficiency judgment.

Requires certain documents from bank when filing a foreclosure action.

Foreclosure judgment is final.

Association’s order to show cause shall be reviewed immediately by judge.

Page 37: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

Questions & Answers

Yeline [email protected]

Rep.  George MoraitisLisa [email protected]

Page 38: Webinar: The 2013 Florida Legislative Session: Analysis of the Impacts on Community Associations

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