CODING: Words stricken are deletions; words underlined are additions.
House Bill 1435c1




    Florida House of Representatives - 1997             CS/HB 1435

        By the Committee on Real Property & Probate and
    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 by certified mail with the

  6         association with respect to alleged violations

  7         of statutes or governing documents; providing

  8         for damages; providing an effective date.

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

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

13  Florida Statutes, to read:

14         617.305  Obligations of members; remedies at law or in

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

16  fill sufficient number of vacancies on board of directors to

17  constitute a quorum; appointment of receiver upon petition of

18  any member.--

19         (4)  Any member may file a written complaint by

20  certified mail with the association alleging a violation of

21  statutes or governing documents of the association.  Within 45

22  calendar days of receipt of the complaint, the association,

23  board, officers, or a designated agent shall forward a written

24  response to the member who filed the complaint, unless the

25  governing documents of the association already provide for a

26  response deadline of less than 45 days. However, if the

27  association has previously responded to the same association

28  member on the same issues raised, the association may respond

29  by providing a copy of the previous response. The response by

30  the association, board, officers, or a designated agent may

31  include, but is not limited to, an offer of binding

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997             CS/HB 1435

    605-108-97






  1  arbitration, mediation, notification of pending legal action,

  2  an offer of resolution, or the basis for the association's

  3  position. Failure of the association, board, officers, or a

  4  designated agent to respond within 45 days shall entitle the

  5  member who filed the complaint to actual damages or minimum

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

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

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

  9  agent shall initiate said action within 90 calendar days after

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

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

12  shall entitle the member who filed the complaint to actual

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

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

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

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