HB 0861 2003
1	A bill to be entitled
2	An act relating to homeowners' associations; amending s.
3	720.303, F.S.; providing powers for associations
4	controlled by unit owners other than the developer;
5	amending s. 720.306, F.S.; prohibiting certain amendments
6	to bylaws of the associations; providing an effective
7	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 board;
14	official records; budgets; financial reporting.--
15	(1) POWERS AND DUTIES.--An association which operates a
16	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 of
20	the county in which the community is located. An association
21	may operate more than one community. The officers and directors
22	of an association have a fiduciary relationship to the members
23	who are served by the association. The powers and duties of an
24	association include those set forth in this chapter and, except
25	as expressly limited or restricted in this chapter, those set
26	forth in the governing documents. After control of the
27	association is obtained by unit owners other that the developer,
28	the association may institute, maintain, settle, or appeal
29	actions or hearings in its name on behalf of all members
30	concerning matters of common interest to the members, including,
31	but not limited to, the common areas; roof or structural
32	components of a building, or other improvements for which the
33	association is responsible; mechanical, electrical, or plumbing
34	elements serving an improvement or building for which the
35	association is responsible; representations of the developer
36	pertaining to any existing or proposed commonly used facility;
37	and protesting ad valorem taxes on commonly used facilities. The
38	association may defend actions in eminent domain or bring
39	inverse condemnation actions. If the association has the
40	authority to maintain a class action, it may be joined in an
41	action as a representative of that class with reference to
42	litigation and disputes involving the matters for which the
43	association could bring a class action. This subsection does not
44	limit any statutory or common-law right of any individual member
45	or class of members to bring any action without participation by
46	the association.A member does not have authority to act for the
47	association by virtue of being a member. An association may
48	have more than one class of members and may issue membership
49	certificates.
50	Section 2. Subsection (1) of section 720.306, Florida
51	Statutes, is amended to read:
52	720.306 Meetings of members; voting and election
53	procedures; amendments.--
54	(1) QUORUM; AMENDMENTS.--
55	(a) Unless a lower number is provided in the bylaws, the
56	percentage of voting interests required to constitute a quorum
57	at a meeting of the members shall be 30 percent of the total
58	voting interests. Unless otherwise provided in this chapter or
59	in the articles of incorporation or bylaws, decisions that
60	require a vote of the members must be made by the concurrence of
61	at least a majority of the voting interests present, in person
62	or by proxy, at a meeting at which a quorum has been attained.
63	(b) Unless otherwise provided in the governing documents
64	or required by law, and other than those matters set forth in
65	paragraph (c), any governing document of an association may be
66	amended by the affirmative vote of two-thirds of the voting
67	interests of the association.
68	(c) Unless otherwise provided in the governing documents
69	as originally recorded or permitted by this chapter or chapter
70	617, an amendment may not materially and adversely alter the
71	proportionate voting interest appurtenant to a parcel or
72	increase the proportion or percentage by which a parcel shares
73	in the common expenses of the associationaffect vested rights
74	unless the record parcel owner of the affected parceland all
75	record owners of liens on the affectedparcels join in the
76	execution of the amendment. For purposes of this section, a
77	change in quorum requirements is not an alteration of voting
78	interests.
79	Section 3. This act shall take effect July 1, 2003.