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House Bill 1435




    Florida House of Representatives - 1997                HB 1435

        By Representative Jacobs






  1                      A bill to be entitled

  2         An act relating to homeowners' associations;

  3         amending s. 617.305, F.S.; providing a

  4         procedure for members to file a written

  5         complaint with the association with respect to

  6         alleged violations of statutes or governing

  7         documents; providing an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (4) is added to section 617.305,

12  Florida Statutes, to read:

13         617.305  Obligations of members; remedies at law or in

14  equity; levy of fines and suspension of use rights; failure to

15  fill sufficient number of vacancies on board of directors to

16  constitute a quorum; appointment of receiver upon petition of

17  any member.--

18         (4)  Any member may file a written complaint with the

19  association alleging a violation of statutes or governing

20  documents of the association.  Within 45 calendar days of

21  receipt of the complaint, the association, board, officers, or

22  a designated agent shall forward a written response to the

23  member who filed the complaint, unless the governing documents

24  of the association already provide for a response deadline of

25  less than 45 days. The response by the association, board,

26  officers, or a designated agent may include, but is not

27  limited to, an offer of binding arbitration, notification of

28  pending legal action, an offer of resolution, or the basis for

29  the association's position. Failure of the association, board,

30  officers, or a designated agent to respond within 45 days

31  shall entitle the member who filed the complaint to minimum

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    Florida House of Representatives - 1997                HB 1435

    542-149C-97






  1  damages of $50 per calendar day, to begin on the 46th calendar

  2  day, and not to exceed 10 days. If legal action or arbitration

  3  is sought, the association, board, officers, or a designated

  4  agent shall initiate said action within 90 calendar days after

  5  receipt of the complaint.  Failure of the association, board,

  6  officers, or a designated agent to take action within 90 days

  7  shall entitle the member who filed the complaint to actual

  8  damages or minimum damages of $50 per calendar day, to begin

  9  on the 91st day, and not to exceed 10 days.

10         Section 2.  This act shall take effect January 1, 1998.

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13                          HOUSE SUMMARY

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      Revises a provision of law governing homeowners'
15    associations to allow members to file a written complaint
      with the association alleging violation of statutes or
16    the governing documents.  Provides a procedure for such
      complaints.  See bill for details.
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