All of us who live in condominiums run by a board of directors can only hope that Gov. Rick Scott will sign this bill. As I live in a condo with a board of directors from hell and people who are clueless on Florida law, I am in strong support of HB 1237, which will finally bring about much needed accountability in condominium associations and the boards that govern our day-to-day operations. July 1 can't come soon enough.
CS/CS/HB 1237: Condominiums
GENERAL BILL by Judiciary Committee ; Civil Justice and Claims Subcommittee ; Diaz, J. ; (CO-INTRODUCERS) Avila ; Cortes, J. ; Diaz, M. ; Mercado ; Nunez
Condominiums; Revises & provides requirements relating to condominiums, including kickbacks, association documents, attorney representation, recordkeeping requirements, purchasing of units at foreclosure sale, financial statements, powers & duties of Division of Florida Condominiums, Timeshares, & Mobile Homes, board membership, management services, conflicts of interest, arbitration, member voting rights, & reporting requirements; provides criminal penalties.
Effective Date: 7/1/2017
Last Action: 5/1/2017 House - Ordered enrolled -HJ 1022
Some of the highlights of this bill that I particularly like:
- Prohibiting a condominium association and its officers, directors, employees, and agents from using a debit card issued in the name of the association, or billed directly to the association, for the payment of any association expense
- Term limits; with exceptions
- Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13 or as obstruction of justice as provided in chapter 843
- The association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of the association include, but are not limited to, the maintenance, management, and operation of the condominium property.
Read HB 1237