Senate Bill sb1410

    Florida Senate - 2003                                  SB 1410

    By Senator Fasano





    11-667-03

  1                      A bill to be entitled

  2         An act relating to homeowners' associations;

  3         amending s. 720.303, F.S.; providing powers for

  4         associations controlled by unit owners other

  5         than the developer; amending s. 720.306, F.S.;

  6         prohibiting certain amendments to bylaws of the

  7         associations; providing an effective date.

  8  

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

10  

11         Section 1.  Subsection (1) of section 720.303, Florida

12  Statutes, is amended to read:

13         720.303  Association powers and duties; meetings of

14  board; official records; budgets; financial reporting.--

15         (1)  POWERS AND DUTIES.--An association which operates

16  a community as defined in s. 720.301, must be operated by an

17  association that is a Florida corporation.  After October 1,

18  1995, the association must be incorporated and the initial

19  governing documents must be recorded in the official records

20  of the county in which the community is located.  An

21  association may operate more than one community.  The officers

22  and directors of an association have a fiduciary relationship

23  to the members who are served by the association.  The powers

24  and duties of an association include those set forth in this

25  chapter and, except as expressly limited or restricted in this

26  chapter, those set forth in the governing documents.  After

27  control of the association is obtained by unit owners other

28  that the developer, the association may institute, maintain,

29  settle, or appeal actions or hearings in its name on behalf of

30  all members concerning matters of common interest to the

31  members, including, but not limited to, the common areas; roof

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    Florida Senate - 2003                                  SB 1410
    11-667-03




 1  or structural components of a building, or other improvements

 2  for which the association is responsible; mechanical,

 3  electrical, or plumbing elements serving an improvement or

 4  building for which the association is responsible;

 5  representations of the developer pertaining to any existing or

 6  proposed commonly used facility; and protesting ad valorem

 7  taxes on commonly used facilities. The association may defend

 8  actions in eminent domain or bring inverse condemnation

 9  actions. If the association has the authority to maintain a

10  class action, it may be joined in an action as a

11  representative of that class with reference to litigation and

12  disputes involving the matters for which the association could

13  bring a class action. This subsection does not limit any

14  statutory or common-law right of any individual member or

15  class of members to bring any action without participation by

16  the association. A member does not have authority to act for

17  the association by virtue of being a member.  An association

18  may have more than one class of members and may issue

19  membership certificates.

20         Section 2.  Subsection (1) of section 720.306, Florida

21  Statutes, is amended to read:

22         720.306  Meetings of members; voting and election

23  procedures; amendments.--

24         (1)  QUORUM; AMENDMENTS.--

25         (a)  Unless a lower number is provided in the bylaws,

26  the percentage of voting interests required to constitute a

27  quorum at a meeting of the members shall be 30 percent of the

28  total voting interests. Unless otherwise provided in this

29  chapter or in the articles of incorporation or bylaws,

30  decisions that require a vote of the members must be made by

31  the concurrence of at least a majority of the voting interests

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    Florida Senate - 2003                                  SB 1410
    11-667-03




 1  present, in person or by proxy, at a meeting at which a quorum

 2  has been attained.

 3         (b)  Unless otherwise provided in the governing

 4  documents or required by law, and other than those matters set

 5  forth in paragraph (c), any governing document of an

 6  association may be amended by the affirmative vote of

 7  two-thirds of the voting interests of the association.

 8         (c)  Unless otherwise provided in the governing

 9  documents as originally recorded or permitted by this chapter

10  or ch. 617, an amendment may not materially and adversely

11  alter the proportionate voting interest appurtenant to a

12  parcel or increase the proportion or percentage by which a

13  parcel shares in the common expenses of the association affect

14  vested rights unless the record parcel owner of the affected

15  parcel and all record owners of liens on the affected parcels

16  join in the execution of the amendment. For purposes of this

17  section, a change in quorum requirements is not an alteration

18  of voting interests.

19         Section 3.  This act shall take effect July 1, 2003.

20  

21            *****************************************

22                          SENATE SUMMARY

23    Provides powers for homeowners' associations that are
      controlled by owners other than the developer. Prohibits
24    certain amendments to homeowners' association bylaws
      pertaining to voting interests of unit owners. (See bill
25    for details.)

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