Condo Regulations--Florida

A couple of weeks ago I discussed the new changes to Florida's State regulations for HOAs (Home Owner Associations).  This column is the second part of the new changes and deals with the Florida regulations for Condo Associations. These changes to Florida Statutes are worth reading, and became effective on July 1st. 2013. 

Florida Statute 718.112(2)(c)3 allows for a Condo Association Board to hold closed meetings for the purposes of discussing matters that pertain to personnel, but an attorney must still be present when discussing any  pending litigation or in order for any other type of closed door meeting to be held.

Florida Statute 718.116(11) clarifies laws dealing with the directing of rents (from a tenant in a property) directly to the Association if the owner of the property is delinquent in their assessments. The new laws clarify that upon written notice from the Association, a tenant is responsible to make all subsequent rental payments to the Condo Association until all monetary obligations of the unit owner (that concern the unit the tenant is living in) have been paid in full.

Florida Statute 718.111(12) clarifies that “personnel records” are records that pertain to both the Association’s employees as well as the Association’s management company’s employees. It states that “personnel records” cannot be accessed by owners; however written agreements between and Association and their employees or management company, as well as financial and budgetary documents that show the compensation paid to an employee are available to owners.

The new law also provides that unless an owner consents in writing to release personal identifying information (such as email addresses, phone numbers and alternative home addresses) the owner’s email addresses and fax numbers may not be released or made available to other owners.

Florida Statute 718.112(2)(d) Provides that if a Board member’s term is set to expire at the annual meeting of the Condo Association , but there are no candidates, the Board member’s term will not expire.

If there are fewer candidates for Board positions than the number of Board positions expiring at the meeting, then all candidates shall become members of the Board, upon the close of the meeting.

If there are any Board positions that are not filled, an affirmative vote by a majority of the Board (even if there is just one person on the Board and no quorum) shall be used to fill the openings on the Board. A Board candidate must be eligible to serve on the Board. Florida Statute 720.306(9) now states that any owner who is more than 90 days delinquent in making payment of any assessment or fine, or has been convicted of a felony in Florida (with some exceptions as to having their civil rights restored) is not eligible to sit on the Board. It also allows for any actions by the Board in which a member of the Board is/was ineligible to sit on the Board, to still be valid, despite the ineligibility of a member.

Florida Statute 718.116(1)(b)2 states that when an Association takes title to a property through foreclosure (based on unpaid assessments), the Association is not liable for unpaid assessments, interest, late fees, costs, or attorney’s fees that were incurred by a Master Association (one that has a superior interest on the property) prior to the Association taking title.

Florida Statutes 718.303(3)‐(6) state that a Condominium Association Board can suspend the voting and use rights of a owner who is more than 90 days delinquent, but it must be done at a duly-noticed Board meeting, and the Board must set forth in writing the suspension and deliver it (by mail or by hand)14 days prior to a hearing relative to the implementation of suspension of use privileges, as well as fines for the any party’s failure to comply with the governing documents.

For the failure of any party to comply with the Association’s rules, regulations, and governing documents, the Condo Association can suspend the rights of an owner and/or his tenants as well as guests or invitees to use the common areas including pools or health clubs, and other facilities of the Association (but not roads or gates) for a “reasonable period of time”.

Florida does not appreciate Realtors practicing law (without a law license) so let me state the above is data from internet sources and is informational only. Specific questions relative to this column should be addressed to a lawyer. Dane Hahn is a real estate professional serving the Suncoast of Florida's Sarasota and Charlotte Counties.  He can be reached at dane.hahn@gmail.com or at 941-681-0312.  See him on the web at www.danesellsflorida.com