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A bill to be entitled

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An act relating to homeowners' associations; requiring

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homeowners' associations to establish grievance committees

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by a specified date; providing for membership; requiring

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the Department of State to maintain a list of members of

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such committees and provide it to the public upon request;

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providing procedures for filing and processing grievances;

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tolling certain actions during the period that a grievance

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is unresolved; providing for grievance committee

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recommendations to be admissible in subsequent mediation

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or legal actions; prohibiting homeowners' associations

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from prohibiting solar panels or satellite dishes or

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requiring certain leases or lease approvals; prohibiting

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homeowners' associations from requiring homeowners to pay

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for certain mandatory cable or similar communications

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services or mandatory lawn or exterior maintenance

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services; amending s. 720.305, F.S.; requiring that notice

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be sent to a homeowner by certified mail, return receipt

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requested, before an association may impose certain fines

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or suspensions; suspending certain fines, fees, or

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penalties during any period that an association or

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grievance committee cannot meet to adjudicate a grievance;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. (1) After January 1, 2009, each homeowners'

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association must have a grievance committee composed of five

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members, four of whom are residents of the community governed by

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the association and one who is not and has never been a resident

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of the community. A member may not be a director or officer of

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the association or a relative or lessee of a director or officer

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of the association.

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     (a) The committee members shall be elected by a majority

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vote of the association members at a meeting of the membership of

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the association. The initial meeting to elect the committee

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members must be held on or before January 1, 2009, and must

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comply with the requirements of chapter 720, Florida Statutes.

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The committee members shall annually elect a chair.

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     (b) The names of committee members shall be submitted to

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the Department of State, which shall maintain a record of the

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names and contact information for the committee members of each

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association in the state that has incorporated or formed an LLC,

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and shall list the names and contact information for the public

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on the department's website of corporate filings.

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     (2) An association member who has a grievance against the

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association must submit a written complaint detailing such

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grievance and specifying the relief requested to the committee

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chair by certified mail, return receipt requested. The chair must

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convene a committee meeting within 30 days after receipt of the

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grievance. If the chair does not convene a meeting within such

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time, the complainant may contact the committee members and, if

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three members agree, they may convene a meeting without the

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approval of the chair.

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     (a) Within 7 days after meeting, the committee shall submit

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a report, including its findings and recommendations, to the

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president of the association.

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     (b) The chair shall also present the committee's findings

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to the board of directors at the next meeting of the board. If a

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regular meeting of the board is not scheduled within 30 days

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after the report is submitted to the president, the committee

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chair shall request a special meeting pursuant to chapter 720,

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Florida Statutes.

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     (c) The board shall consider the grievance and make a

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determination within 30 days after the meeting, shall submit a

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written copy of the determination to the committee chair, and

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shall send a written copy to the complainant by certified mail,

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return receipt requested.

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     (d) If the grievance involves fines, assessments, or any

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other actions previously taken or currently under consideration

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by the board against the complainant, the board shall consider

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the committee recommendations in making a final decision.

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     (e) The committee recommendations are admissible in any

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subsequent mediation or litigation involving the subject of the

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complaint. After the chair's receipt of the complaint, evidenced

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by the complainant's certified mailing receipt, the association

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may not institute legal action, assess any additional fines or

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other assessments, or threaten foreclosure based on prior fines

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or assessments against the complainant until the board has

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received the committee report and has made a final determination

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on the matter, unless such actions are authorized by chapter 720,

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Florida Statutes.

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     Section 2. Notwithstanding any provision of law to the

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contrary, a homeowner's association may not:

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     (1) Require approval by any person or entity for a

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homeowner to install solar energy panels on a residence.

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     (2) Prohibit a homeowner from installing a satellite dish

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antenna or require a homeowner to pay for any community satellite

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or cable television or other similar service that he or she

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chooses not to receive.

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     (3) Require a homeowner to participate in or pay for any

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required lawn or other exterior maintenance service to the

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homeowner's property if he or she performs or has such

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maintenance performed to the standards of the community. This

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subsection does not prohibit an association from assessing fees

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for the maintenance of common areas of the community which are

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not individually owned or controlled by the homeowner.

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     (4) Take any adverse action against a homeowner, including

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assessing fines or other fees, until the homeowner has received

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notice by certified mail, return receipt requested, pursuant to

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s. 720.305(2), Florida Statutes.

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     (5) Require specific agreements between a homeowner and a

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lessee or require approval of such agreements by the association

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or any person or entity representing the association unless such

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action is specifically authorized under chapter 720, Florida

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Statutes.

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     Section 3.  Subsection (2) of section 720.305, Florida

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Statutes, is amended to read:

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     720.305  Obligations of members; remedies at law or in

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equity; levy of fines and suspension of use rights; failure to

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fill sufficient number of vacancies on board of directors to

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constitute a quorum; appointment of receiver upon petition of any

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member.--

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     (2)  If the governing documents so provide, an association

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may suspend, for a reasonable period of time, the rights of a

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member or a member's tenants, guests, or invitees, or both, to

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use common areas and facilities and may levy reasonable fines,

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not to exceed $100 per violation, against any member or any

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tenant, guest, or invitee. A fine may be levied on the basis of

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each day of a continuing violation, with a single notice and

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opportunity for hearing, except that no such fine shall exceed

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$1,000 in the aggregate unless otherwise provided in the

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governing documents. A fine shall not become a lien against a

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parcel. In any action to recover a fine, the prevailing party is

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entitled to collect its reasonable attorney's fees and costs from

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the nonprevailing party as determined by the court.

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     (a)  A fine or suspension may not be imposed without notice

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of at least 14 days, sent by certified mail, return receipt

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requested, to the person sought to be fined or suspended and an

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opportunity for a hearing before a committee of at least three

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members appointed by the board who are not officers, directors,

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or employees of the association, or the spouse, parent, child,

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brother, or sister of an officer, director, or employee. If the

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committee, by majority vote, does not approve a proposed fine or

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suspension, it may not be imposed.

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     (b) The requirements of this subsection, except for the

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requirement that notice be sent by certified mail, return receipt

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requested, do not apply to the imposition of suspensions or fines

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upon any member because of the failure of the member to pay

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assessments or other charges when due if such action is

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authorized by the governing documents.

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     (c)  Suspension of common-area-use rights shall not impair

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the right of an owner or tenant of a parcel to have vehicular and

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pedestrian ingress to and egress from the parcel, including, but

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not limited to, the right to park.

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     (d) If a quorum of the homeowners' association or a quorum

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of the grievance committee cannot convene to adjudicate a

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grievance due to the unavailability or out-of-state residency of

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a member, all fines, fees, or penalties levied against the lessee

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or homeowner who filed the grievance shall be suspended until a

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quorum convenes to determine the validity of the grievance.

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     Section 4.  This act shall take effect July 1, 2008.