HB 0861 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to homeowners' associations; amending s.
12	712.05, F.S.; providing that a recorded notice to preserve
13	a claim of right or covenant or restriction, or a part
14	thereof, may be filed by a homeowners’ association upon
15	approval by two-thirds of that association’s board of
16	directors; amending s. 712.06, F.S.; providing that
17	content requirements of a recorded notice to preserve a
18	claim of right may be satisfied by a homeowners’
19	association’s affidavit affirming the delivery of a
20	statement to its members; providing a form of said
21	statement of marketable title action; providing that
22	recorded notice of a claim of right is deemed sufficient
23	description of property if it cites official records
24	describing said property by book and page; amending s.
25	720.303, F.S.; providing powers for associations
26	controlled by unit owners other than the developer;
27	amending s. 720.306, F.S.; prohibiting certain amendments
28	to bylaws of the associations; providing an effective
29	date.
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31	Be It Enacted by the Legislature of the State of Florida:
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33	Section 1. Subsection (1) of section 712.05, Florida
34	Statutes, is amended to read:
35	712.05. Effect of filing notice.--
36	(1) Any person claiming an interest in land or a
37	homeowners’ association desiring to preserve any covenant or
38	restriction may preserve and protect the same from
39	extinguishment by the operation of this act by filing for
40	record, during the 30-year period immediately following the
41	effective date of the root of title, a notice, in writing, in
42	accordance with the provisions hereof, which notice shall have
43	the effect of so preserving such claim of right or such covenant
44	or restriction or portion of such covenant or restriction for a
45	period of not longer than 30 years after filing the same unless
46	again filed as required herein. No disability or lack of
47	knowledge of any kind on the part of anyone shall delay the
48	commencement of or suspend the running of said 30-year period.
49	Such notice may be filed for record by the claimant or by any
50	other person acting on behalf of any claimant who is:
51	(a) Under a disability,
52	(b) Unable to assert a claim on his or her behalf, or
53	(c) One of a class, but whose identity cannot be
54	established or is uncertain at the time of filing such notice of
55	claim for record.
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57	Such notice may be filed by a homeowners’ association only if
58	the preservation of such covenant or restriction or portion of
59	such covenant or restriction is approved by at least two-thirds
60	of the members of the board of directors of an incorporated
61	homeowners’ association at a meeting for which a notice, stating
62	the meeting’s time and place and containing the statement of
63	marketable title action described in s. 712.06(1)(b), was mailed
64	or hand delivered to members of the homeowners’ association not
65	less than 7 days prior to such meetinga majority vote at a
66	meeting of the membership where a quorum is present.
67	Section 2. Paragraphs (b) and (e) of subsection (1) of
68	section 712.06, Florida Statutes, are amended to read:
69	712.06 Contents of notice; recording and indexing.--
70	(1) To be effective, the notice above referred to in s.
71	712.05shall contain:
72	(b) The name and post office address of an owner, or the
73	name and post office address of the person in whose name said
74	property is assessed on the last completed tax assessment roll
75	of the county at the time of filing, who, for purpose of such
76	notice, shall be deemed to be an owner; provided, however, if a
77	homeowners’ association is filing the notice, then the
78	requirements of this paragraph may be satisfied by attaching to
79	and recording with the notice an affidavit executed by the
80	appropriate member of the board of directors of the homeowners’
81	association affirming that the board of directors of the
82	homeowners’ association caused a statement in substantially the
83	following form to be mailed or hand delivered to the members of
84	that homeowners’ association:
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86	STATEMENT OF MARKETABLE TITLE ACTION
87	The [name of homeowners’ association] (the “Association”)
88	has taken action to ensure that the [name of declaration,
89	covenant, or restriction], recorded in Official Records Book
90	_____, Page _____, of the public records of _____ County,
91	Florida, as may be amended from time to time, currently
92	burdening the property of each and every member of the
93	Association, retains its status as the source of marketable
94	title with regard to the transfer of a member’s residence. To
95	this end, the Association shall cause the notice required by
96	chapter 712, Florida Statutes, to be recorded in the public
97	records of _____ County, Florida. Copies of this notice and its
98	attachments are available through the Association pursuant to
99	the Association’s governing documents regarding official records
100	of the Association.
101	(e) If such claim is based upon an instrument of record or
102	a recorded covenant or restriction, such instrument of record or
103	recorded covenant or restriction shall be deemedshall be
104	sufficiently described to identify the same if the notice
105	includes a, includingreference to the book and page in which
106	the same is recorded.
107	Section 3. Subsection (1) of section 720.303, Florida
108	Statutes, is amended to read:
109	720.303 Association powers and duties; meetings of board;
110	official records; budgets; financial reporting.--
111	(1) POWERS AND DUTIES.--An association which operates a
112	community as defined in s. 720.301, must be operated by an
113	association that is a Florida corporation. After October 1,
114	1995, the association must be incorporated and the initial
115	governing documents must be recorded in the official records of
116	the county in which the community is located. An association may
117	operate more than one community. The officers and directors of
118	an association have a fiduciary relationship to the members who
119	are served by the association. The powers and duties of an
120	association include those set forth in this chapter and, except
121	as expressly limited or restricted in this chapter, those set
122	forth in the governing documents. After control of the
123	association is obtained by unit owners other than the developer,
124	the association may institute, maintain, settle, or appeal
125	actions or hearings in its name on behalf of all members
126	concerning matters of common interest to the members, including,
127	but not limited to, the common areas; roof or structural
128	components of a building, or other improvements for which the
129	association is responsible; mechanical, electrical, or plumbing
130	elements serving an improvement or building for which the
131	association is responsible; representations of the developer
132	pertaining to any existing or proposed commonly used facility;
133	and protesting ad valorem taxes on commonly used facilities. The
134	association may defend actions in eminent domain or bring
135	inverse condemnation actions. If the association has the
136	authority to maintain a class action, it may be joined in an
137	action as a representative of that class with reference to
138	litigation and disputes involving the matters for which the
139	association could bring a class action. This subsection does not
140	limit any statutory or common-law right of any individual member
141	or class of members to bring any action without participation by
142	the association.A member does not have authority to act for the
143	association by virtue of being a member. An association may have
144	more than one class of members and may issue membership
145	certificates.
146	Section 4. Subsection (1) of section 720.306, Florida
147	Statutes, is amended to read:
148	720.306 Meetings of members; voting and election
149	procedures; amendments.--
150	(1) QUORUM; AMENDMENTS.--
151	(a) Unless a lower number is provided in the bylaws, the
152	percentage of voting interests required to constitute a quorum
153	at a meeting of the members shall be 30 percent of the total
154	voting interests. Unless otherwise provided in this chapter or
155	in the articles of incorporation or bylaws, decisions that
156	require a vote of the members must be made by the concurrence of
157	at least a majority of the voting interests present, in person
158	or by proxy, at a meeting at which a quorum has been attained.
159	(b) Unless otherwise provided in the governing documents
160	or required by law, and other than those matters set forth in
161	paragraph (c), any governing document of an association may be
162	amended by the affirmative vote of two-thirds of the voting
163	interests of the association.
164	(c) Unless otherwise provided in the governing documents
165	as originally recorded or permitted by this chapter or chapter
166	617, an amendment may not materially and adversely alter the
167	proportionate voting interest appurtenant to a parcel or
168	increase the proportion or percentage by which a parcel shares
169	in the common expenses of the associationaffect vested rights
170	unless the record parcel owner of the affected parceland all
171	record owners of liens on the affectedparcels join in the
172	execution of the amendment. For purposes of this section, a
173	change in quorum requirements is not an alteration of voting
174	interests.
175	Section 5. This act shall take effect July 1, 2003.
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