Senate Bill sb0948c1
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Florida Senate - 2005 CS for SB 948
By the Committee on Regulated Industries; and Senator Jones
580-2270-05
1 A bill to be entitled
2 An act relating to community associations;
3 directing the Advisory Council on Condominiums
4 to hold public hearings and prepare and present
5 a report to the Legislature regarding certain
6 issues relating to the powers of condominium
7 associations during catastrophic windstorm
8 events and the recovery and rebuilding
9 following such events; amending s. 720.305,
10 F.S.; providing that a fine levied by a
11 homeowners' association against a homeowner
12 shall not become a lien against a parcel unless
13 it is imposed for violations of use
14 restrictions on the land; amending s. 720.311,
15 F.S.; providing that the failure of a party to
16 make payment of fees and costs or appear for a
17 mediation session or arbitration proceeding
18 acts as an impasse in the proceeding and
19 entitles the other party to proceed in court
20 and to receive and enforce an award of costs
21 and fees associated with the mediation or
22 arbitration; deleting the training hours
23 required for certification of mediators and
24 arbitrators; providing that qualifications for
25 certification as a mediator or arbitrator will
26 be established by the Florida Supreme Court;
27 deleting a provision requiring the initial
28 costs of educating homeowners and other parties
29 about homeowners' associations and the use of
30 alternative dispute resolution techniques to be
31 paid from moneys and filing fees generated by
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Florida Senate - 2005 CS for SB 948
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1 the arbitration of recall and election disputes
2 and by the mediation of those disputes;
3 creating s. 712.11, F.S.; providing for the
4 revival of certain declarations that have been
5 extinguished; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. The Advisory Council on Condominiums is
10 directed to hold public hearings, study available options and
11 proposals, and prepare a report to the Legislature, including
12 recommended legislation, dealing with the protection and
13 preservation of condominium property at the time of
14 anticipated catastrophic windstorm events and the recovery and
15 rebuilding following such events. Recommendations should
16 consider the communication options with condominium owners in
17 times of anticipated and declared emergencies, financial
18 planning for protecting and rebuilding condominium property
19 following such events, and the powers and responsibilities of
20 unit owners and the board of directors of the condominium
21 association before, during, and after such occurrences.
22 Section 2. Subsection (2) of section 720.305, Florida
23 Statutes, is amended to read:
24 720.305 Obligations of members; remedies at law or in
25 equity; levy of fines and suspension of use rights; failure to
26 fill sufficient number of vacancies on board of directors to
27 constitute a quorum; appointment of receiver upon petition of
28 any member.--
29 (2) If the governing documents so provide, an
30 association may suspend, for a reasonable period of time, the
31 rights of a member or a member's tenants, guests, or invitees,
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Florida Senate - 2005 CS for SB 948
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1 or both, to use common areas and facilities and may levy
2 reasonable fines, not to exceed $100 per violation, against
3 any member or any tenant, guest, or invitee. A fine may be
4 levied on the basis of each day of a continuing violation,
5 with a single notice and opportunity for hearing, except that
6 no such fine shall exceed $1,000 in the aggregate unless
7 otherwise provided in the governing documents. A fine shall
8 not become a lien against a parcel unless it is imposed for
9 violations of use restrictions on the land. In any action to
10 recover a fine, the prevailing party is entitled to collect
11 its reasonable attorney's fees and costs from the
12 nonprevailing party as determined by the court.
13 (a) A fine or suspension may not be imposed without
14 notice of at least 14 days to the person sought to be fined or
15 suspended and an opportunity for a hearing before a committee
16 of at least three members appointed by the board who are not
17 officers, directors, or employees of the association, or the
18 spouse, parent, child, brother, or sister of an officer,
19 director, or employee. If the committee, by majority vote,
20 does not approve a proposed fine or suspension, it may not be
21 imposed.
22 (b) The requirements of this subsection do not apply
23 to the imposition of suspensions or fines upon any member
24 because of the failure of the member to pay assessments or
25 other charges when due if such action is authorized by the
26 governing documents.
27 (c) Suspension of common-area-use rights shall not
28 impair the right of an owner or tenant of a parcel to have
29 vehicular and pedestrian ingress to and egress from the
30 parcel, including, but not limited to, the right to park.
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Florida Senate - 2005 CS for SB 948
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1 Section 3. Paragraphs (b) and (c) of subsection (2)
2 and subsection (3) of section 720.311, Florida Statutes, are
3 amended to read:
4 720.311 Dispute resolution.--
5 (2)
6 (b) If mediation as described in paragraph (a) is not
7 successful in resolving all issues between the parties, the
8 parties may file the unresolved dispute in a court of
9 competent jurisdiction or elect to enter into binding or
10 nonbinding arbitration pursuant to the procedures set forth in
11 s. 718.1255 and rules adopted by the division, with the
12 arbitration proceeding to be conducted by a department
13 arbitrator or by a private arbitrator certified by the
14 department. If all parties do not agree to arbitration
15 proceedings following an unsuccessful mediation, any party may
16 file the dispute in court. A final order resulting from
17 nonbinding arbitration is final and enforceable in the courts
18 if a complaint for trial de novo is not filed in a court of
19 competent jurisdiction within 30 days after entry of the
20 order. The failure of any party to make payment of fees and
21 costs within the time established by department rule or to
22 appear for a scheduled mediation session or arbitration
23 proceeding shall operate as an impasse in the proceeding
24 between the parties, entitling the other party to proceed in
25 court and to receive and enforce an award of costs and fees
26 associated with the mediation or arbitration.
27 (c) The department shall develop a certification and
28 training program for private mediators and private arbitrators
29 which shall emphasize experience and expertise in the area of
30 the operation of community associations. A mediator or
31 arbitrator shall be certified by the department only if he or
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Florida Senate - 2005 CS for SB 948
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1 she has met the qualifications for a mediator established for
2 circuit court mediators has attended at least 20 hours of
3 training in mediation or arbitration, as appropriate, and only
4 if the applicant has mediated or arbitrated at least 10
5 disputes involving community associations within 5 years prior
6 to the date of the application, or has mediated or arbitrated
7 10 disputes in any area within 5 years prior to the date of
8 application and has completed 20 hours of training in
9 community association disputes. In order to be certified by
10 the department, any mediator must also be certified by the
11 Florida Supreme Court. The department may conduct the training
12 and certification program within the department or may
13 contract with an outside vendor to perform the training or
14 certification. The expenses of operating the training and
15 certification and training program shall be paid by the moneys
16 and filing fees generated by the arbitration of recall and
17 election disputes and by the mediation of those disputes
18 referred to in this subsection and by the training fees.
19 (3) The department shall develop an education program
20 to assist homeowners, associations, board members, and
21 managers in understanding and increasing awareness of the
22 operation of homeowners' associations pursuant to this chapter
23 and in understanding the use of alternative dispute resolution
24 techniques in resolving disputes between parcel owners and
25 associations or between owners. Such education program may
26 include the development of pamphlets and other written
27 instructional guides, the holding of classes and meetings by
28 department employees or outside vendors, as the department
29 determines, and the creation and maintenance of a website
30 containing instructional materials. The expenses of operating
31 the education program shall be initially paid by the moneys
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Florida Senate - 2005 CS for SB 948
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1 and filing fees generated by the arbitration of recall and
2 election disputes and by the mediation of those disputes
3 referred to in this subsection.
4 Section 4. Section 712.11, Florida Statutes, is
5 created to read:
6 712.11 Covenants and restrictions.--A homeowners'
7 association that is not otherwise subject to chapter 720 may
8 use the procedures provided in ss. 720.403-720.407 to revive a
9 declaration of covenants and restrictions that has been
10 extinguished by this chapter entitled Marketable Record Titles
11 to Real Property.
12 Section 5. This act shall take effect upon becoming a
13 law.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 Senate Bill 948
17
18 The Committee Substitute (CS) directs the Advisory Council on
Condominiums to hold public hearings, study available options
19 and proposals and prepare a report to the Legislature that
includes recommended legislation dealing with protection and
20 preservation of condominium property during anticipated
catastrophic windstorm events and the recovery and rebuilding
21 following such events.
22 It provides that a fine by a homeowner's association against a
member may not become a lien on a homeowner's parcel unless it
23 is imposed for violations of use restrictions on the land.
24 It amends mediation provisions relating to proceedings between
a homeowner and homeowners' associations.
25
It deletes a provision that funded education programs to
26 assist homeowners, associations, board members, and managers
in understanding homeowners' associations and the use of
27 alternative dispute resolution.
28 It creates a section to permit voluntary homeowners'
associations to revive extinguished declarations of covenants
29 and restrictions.
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