ENROLLED HB 0861, Engrossed 1 2003 Legislature
1	A bill to be entitled
2	An act relating to homeowners' associations; amending s.
3	712.05, F.S.; providing that a recorded notice to preserve
4	a claim of right or covenant or restriction, or a part
5	thereof, may be filed by a homeowners’ association upon
6	approval by two-thirds of that association’s board of
7	directors; amending s. 712.06, F.S.; providing that
8	content requirements of a recorded notice to preserve a
9	claim of right may be satisfied by a homeowners’
10	association’s affidavit affirming the delivery of a
11	statement to its members; providing a form of said
12	statement of marketable title action; providing that
13	recorded notice of a claim of right is deemed sufficient
14	description of property if it cites official records
15	describing said property by book and page; amending s.
16	720.303, F.S.; providing powers for associations
17	controlled by unit owners other than the developer;
18	providing a limitation on the ability to initiate certain
19	litigation; amending s. 720.306, F.S.; prohibiting certain
20	amendments to bylaws of the associations; providing for a
21	limitation on the applicability of certain provisions of
22	the act; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Subsection (1) of section 712.05, Florida
27	Statutes, is amended to read:
28	712.05. Effect of filing notice.--
29	(1) Any person claiming an interest in land or a
30	homeowners’ association desiring to preserve any covenant or
31	restriction may preserve and protect the same from
32	extinguishment by the operation of this act by filing for
33	record, during the 30-year period immediately following the
34	effective date of the root of title, a notice, in writing, in
35	accordance with the provisions hereof, which notice shall have
36	the effect of so preserving such claim of right or such covenant
37	or restriction or portion of such covenant or restriction for a
38	period of not longer than 30 years after filing the same unless
39	again filed as required herein. No disability or lack of
40	knowledge of any kind on the part of anyone shall delay the
41	commencement of or suspend the running of said 30-year period.
42	Such notice may be filed for record by the claimant or by any
43	other person acting on behalf of any claimant who is:
44	(a) Under a disability,
45	(b) Unable to assert a claim on his or her behalf, or
46	(c) One of a class, but whose identity cannot be
47	established or is uncertain at the time of filing such notice of
48	claim for record.
49
50	Such notice may be filed by a homeowners’ association only if
51	the preservation of such covenant or restriction or portion of
52	such covenant or restriction is approved by at least two-thirds
53	of the members of the board of directors of an incorporated
54	homeowners’ association at a meeting for which a notice, stating
55	the meeting’s time and place and containing the statement of
56	marketable title action described in s. 712.06(1)(b), was mailed
57	or hand delivered to members of the homeowners’ association not
58	less than 7 days prior to such meetinga majority vote at a
59	meeting of the membership where a quorum is present.
60	Section 2. Paragraphs (b) and (e) of subsection (1) of
61	section 712.06, Florida Statutes, are amended to read:
62	712.06 Contents of notice; recording and indexing.--
63	(1) To be effective, the notice above referred to in s.
64	712.05shall contain:
65	(b) The name and post office address of an owner, or the
66	name and post office address of the person in whose name said
67	property is assessed on the last completed tax assessment roll
68	of the county at the time of filing, who, for purpose of such
69	notice, shall be deemed to be an owner; provided, however, if a
70	homeowners’ association is filing the notice, then the
71	requirements of this paragraph may be satisfied by attaching to
72	and recording with the notice an affidavit executed by the
73	appropriate member of the board of directors of the homeowners’
74	association affirming that the board of directors of the
75	homeowners’ association caused a statement in substantially the
76	following form to be mailed or hand delivered to the members of
77	that homeowners’ association:
78
79	STATEMENT OF MARKETABLE TITLE ACTION
80	The [name of homeowners’ association] (the “Association”)
81	has taken action to ensure that the [name of declaration,
82	covenant, or restriction], recorded in Official Records Book
83	_____, Page _____, of the public records of _____ County,
84	Florida, as may be amended from time to time, currently
85	burdening the property of each and every member of the
86	Association, retains its status as the source of marketable
87	title with regard to the transfer of a member’s residence. To
88	this end, the Association shall cause the notice required by
89	chapter 712, Florida Statutes, to be recorded in the public
90	records of _____ County, Florida. Copies of this notice and its
91	attachments are available through the Association pursuant to
92	the Association’s governing documents regarding official records
93	of the Association.
94	(e) If such claim is based upon an instrument of record or
95	a recorded covenant or restriction, such instrument of record or
96	recorded covenant or restriction shall be deemedshall be
97	sufficiently described to identify the same if the notice
98	includes a, includingreference to the book and page in which
99	the same is recorded.
100	Section 3. Subsection (1) of section 720.303, Florida
101	Statutes, is amended to read:
102	720.303 Association powers and duties; meetings of board;
103	official records; budgets; financial reporting.--
104	(1) POWERS AND DUTIES.--An association which operates a
105	community as defined in s. 720.301, must be operated by an
106	association that is a Florida corporation. After October 1,
107	1995, the association must be incorporated and the initial
108	governing documents must be recorded in the official records of
109	the county in which the community is located. An association may
110	operate more than one community. The officers and directors of
111	an association have a fiduciary relationship to the members who
112	are served by the association. The powers and duties of an
113	association include those set forth in this chapter and, except
114	as expressly limited or restricted in this chapter, those set
115	forth in the governing documents. After control of the
116	association is obtained by unit owners other than the developer,
117	the association may institute, maintain, settle, or appeal
118	actions or hearings in its name on behalf of all members
119	concerning matters of common interest to the members, including,
120	but not limited to, the common areas; roof or structural
121	components of a building, or other improvements for which the
122	association is responsible; mechanical, electrical, or plumbing
123	elements serving an improvement or building for which the
124	association is responsible; representations of the developer
125	pertaining to any existing or proposed commonly used facility;
126	and protesting ad valorem taxes on commonly used facilities. The
127	association may defend actions in eminent domain or bring
128	inverse condemnation actions. Before commencing litigation
129	against any party in the name of the association involving
130	amounts in controversy in excess of $100,000, the association
131	must obtain the affirmative approval of a majority of the voting
132	interests at a meeting of the membership at which a quorum has
133	been attained. This subsection does not limit any statutory or
134	common-law right of any individual member or class of members to
135	bring any action without participation by the association.A
136	member does not have authority to act for the association by
137	virtue of being a member. An association may have more than one
138	class of members and may issue membership certificates.
139	Section 4. Subsection (1) of section 720.306, Florida
140	Statutes, is amended to read:
141	720.306 Meetings of members; voting and election
142	procedures; amendments.--
143	(1) QUORUM; AMENDMENTS.--
144	(a) Unless a lower number is provided in the bylaws, the
145	percentage of voting interests required to constitute a quorum
146	at a meeting of the members shall be 30 percent of the total
147	voting interests. Unless otherwise provided in this chapter or
148	in the articles of incorporation or bylaws, decisions that
149	require a vote of the members must be made by the concurrence of
150	at least a majority of the voting interests present, in person
151	or by proxy, at a meeting at which a quorum has been attained.
152	(b) Unless otherwise provided in the governing documents
153	or required by law, and other than those matters set forth in
154	paragraph (c), any governing document of an association may be
155	amended by the affirmative vote of two-thirds of the voting
156	interests of the association.
157	(c) Unless otherwise provided in the governing documents
158	as originally recorded or permitted by this chapter or chapter
159	617, an amendment may not materially and adversely alter the
160	proportionate voting interest appurtenant to a parcel or
161	increase the proportion or percentage by which a parcel shares
162	in the common expenses of the associationaffect vested rights
163	unless the record parcel owner of the affected parceland all
164	record owners of liens on the affectedparcels join in the
165	execution of the amendment. For purposes of this section, a
166	change in quorum requirements is not an alteration of voting
167	interests.
168	Section 5. The amendments to s. 720.306, Florida Statutes,
169	provided in this act shall not apply to or affect any vested
170	rights recognized by any court order or judgment in any action
171	commenced prior to July 1, 2003, and any such vested rights so
172	recognized may not be subsequently altered without the consent
173	of the affected parcel owner or owners.
174	Section 6. This act shall take effect July 1, 2003.