HB 1593

1	A bill to be entitled
2	An act relating to community associations; directing the
3	Advisory Council on Condominiums to hold public hearings
4	and prepare and present a report to the Legislature
5	regarding certain issues relating to the powers of
6	condominium associations during catastrophic windstorm
7	events and the recovery and rebuilding following such
8	events; amending s. 720.305, F.S.; providing that a fine
9	levied by a homeowners' association against a homeowner
10	shall not become a lien against a parcel unless it is
11	imposed for violations of use restrictions on the land;
12	amending s. 720.311, F.S.; providing that the failure of a
13	party to make payment of fees and costs or appear for a
14	mediation session or arbitration proceeding acts as an
15	impasse in the proceeding and entitles the other party to
16	proceed in court and to receive and enforce an award of
17	costs and fees associated with the mediation or
18	arbitration; deleting the training hours required for
19	certification of mediators and arbitrators; providing that
20	qualifications for certification as a mediator or
21	arbitrator will be established by the Florida Supreme
22	Court; deleting a provision requiring the initial costs of
23	educating homeowners and other parties about homeowners'
24	associations and the use of alternative dispute resolution
25	techniques to be paid from moneys and filing fees
26	generated by the arbitration of recall and election
27	disputes and by the mediation of those disputes; creating
28	s. 712.11, F.S.; providing for the revival of certain
29	declarations that have been extinguished; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  The Advisory Council on Condominiums is
35	directed to hold public hearings, study available options and
36	proposals, and prepare a report to the Legislature, including
37	recommended legislation, dealing with the protection and
38	preservation of condominium property at the time of anticipated
39	catastrophic windstorm events and the recovery and rebuilding
40	following such events. Recommendations should consider the
41	communication options with condominium owners in times of
42	anticipated and declared emergencies, financial planning for
43	protecting and rebuilding condominium property following such
44	events, and the powers and responsibilities of unit owners and
45	the board of directors of the condominium association before,
46	during, and after such occurrences.
47	Section 2.  Subsection (2) of section 720.305, Florida
48	Statutes, is amended to read:
49	720.305  Obligations of members; remedies at law or in
50	equity; levy of fines and suspension of use rights; failure to
51	fill sufficient number of vacancies on board of directors to
52	constitute a quorum; appointment of receiver upon petition of
53	any member.--
54	(2)  If the governing documents so provide, an association
55	may suspend, for a reasonable period of time, the rights of a
56	member or a member's tenants, guests, or invitees, or both, to
57	use common areas and facilities and may levy reasonable fines,
58	not to exceed $100 per violation, against any member or any
59	tenant, guest, or invitee. A fine may be levied on the basis of
60	each day of a continuing violation, with a single notice and
61	opportunity for hearing, except that no such fine shall exceed
62	$1,000 in the aggregate unless otherwise provided in the
63	governing documents. A fine shall not become a lien against a
64	parcel unless it is imposed for violations of use restrictions
65	on the land. In any action to recover a fine, the prevailing
66	party is entitled to collect its reasonable attorney's fees and
67	costs from the nonprevailing party as determined by the court.
68	(a)  A fine or suspension may not be imposed without notice
69	of at least 14 days to the person sought to be fined or
70	suspended and an opportunity for a hearing before a committee of
71	at least three members appointed by the board who are not
72	officers, directors, or employees of the association, or the
73	spouse, parent, child, brother, or sister of an officer,
74	director, or employee. If the committee, by majority vote, does
75	not approve a proposed fine or suspension, it may not be
76	imposed.
77	(b)  The requirements of this subsection do not apply to
78	the imposition of suspensions or fines upon any member because
79	of the failure of the member to pay assessments or other charges
80	when due if such action is authorized by the governing
81	documents.
82	(c)  Suspension of common-area-use rights shall not impair
83	the right of an owner or tenant of a parcel to have vehicular
84	and pedestrian ingress to and egress from the parcel, including,
85	but not limited to, the right to park.
86	Section 3.  Paragraphs (b) and (c) of subsection (2) and
87	subsection (3) of section 720.311, Florida Statutes, are amended
88	to read:
89	720.311  Dispute resolution.--
90	(2)
91	(b)  If mediation as described in paragraph (a) is not
92	successful in resolving all issues between the parties, the
93	parties may file the unresolved dispute in a court of competent
94	jurisdiction or elect to enter into binding or nonbinding
95	arbitration pursuant to the procedures set forth in s. 718.1255
96	and rules adopted by the division, with the arbitration
97	proceeding to be conducted by a department arbitrator or by a
98	private arbitrator certified by the department. If all parties
99	do not agree to arbitration proceedings following an
100	unsuccessful mediation, any party may file the dispute in court.
101	A final order resulting from nonbinding arbitration is final and
102	enforceable in the courts if a complaint for trial de novo is
103	not filed in a court of competent jurisdiction within 30 days
104	after entry of the order. The failure of any party to make
105	payment of fees and costs within the time established by
106	department rule or to appear for a scheduled mediation session
107	or arbitration proceeding shall operate as an impasse in the
108	proceeding between the parties, entitling the other party to
109	proceed in court and to receive and enforce an award of costs
110	and fees associated with the mediation or arbitration.
111	(c)  The department shall develop a certification and
112	training program for private mediators and private arbitrators
113	which shall emphasize experience and expertise in the area of
114	the operation of community associations. A mediator or
115	arbitrator shall be certified by the department only if he or
116	she has met the qualifications for a mediator established for
117	circuit court mediators has attended at least 20 hours of
118	training in mediation or arbitration, as appropriate, and only
119	if the applicant has mediated or arbitrated at least 10 disputes
120	involving community associations within 5 years prior to the
121	date of the application, or has mediated or arbitrated 10
122	disputes in any area within 5 years prior to the date of
123	application and has completed 20 hours of training in community
124	association disputes. In order to be certified by the
125	department, any mediator must also be certified by the Florida
126	Supreme Court. The department may conduct the training and
127	certification program within the department or may contract with
128	an outside vendor to perform the training or certification. The
129	expenses of operating the training and certification and
130	training program shall be paid by the moneys and filing fees
131	generated by the arbitration of recall and election disputes and
132	by the mediation of those disputes referred to in this
133	subsection and by the training fees.
134	(3)  The department shall develop an education program to
135	assist homeowners, associations, board members, and managers in
136	understanding and increasing awareness of the operation of
137	homeowners' associations pursuant to this chapter and in
138	understanding the use of alternative dispute resolution
139	techniques in resolving disputes between parcel owners and
140	associations or between owners. Such education program may
141	include the development of pamphlets and other written
142	instructional guides, the holding of classes and meetings by
143	department employees or outside vendors, as the department
144	determines, and the creation and maintenance of a website
145	containing instructional materials. The expenses of operating
146	the education program shall be initially paid by the moneys and
147	filing fees generated by the arbitration of recall and election
148	disputes and by the mediation of those disputes referred to in
149	this subsection.
150	Section 4.  Section 712.11, Florida Statutes, is created to
151	read:
152	712.11  Covenants and restrictions.--A homeowners'
153	association that is not otherwise subject to chapter 720 may use
154	the procedures provided in ss. 720.403-720.407 to revive a
155	declaration of covenants and restrictions that has been
156	extinguished by this chapter entitled Marketable Record Titles
157	to Real Property.
158	Section 5.  This act shall take effect upon becoming a law.

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