Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2604
Barcode 751420
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2009 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Regulated Industries (Diaz de la Portilla)
recommended the following:
1 Senate Amendment to Amendment (626528) (with title
2 amendment)
3
4 Between lines 552 and 553
5 insert:
6 Section 5. Section 720.315, Florida Statutes, is created to
7 read:
8 720.315 Passage of special assessments before turnover by
9 developer.—
10 (1) Before the turnover of an association by a developer as
11 described in this chapter, the board of directors may not pass
12 more than one special assessment during a calendar year.
13 (2) Each special assessment must be adopted at a meeting of
14 the board conducted solely for the purpose of discussing and
15 adopting such assessment. The location of the meeting must be in
16 the same county in which the association is located. The board
17 shall provide at least 30 days’ notice of the meeting by:
18 (a) Posting a sign in the association’s common area listing
19 the date, time, and location of the meeting and containing, in
20 at least 36-point, boldface type, the words “SPECIAL MEETING
21 REGARDING PROPOSED SPECIAL ASSESSMENT.”
22 (b) Mailing to all members of the association, at the
23 address contained in the association’s membership log or, if the
24 association does not maintain a membership log, at the address
25 of the property located within the association, a letter
26 containing:
27 1. The date, time, and location of the meeting;
28 2. The amount of the proposed special assessment to be
29 assessed to each member of the association;
30 3. A copy of each document used or relied upon by the
31 association or its agents in calculating the amount of the
32 special assessment; and
33 4. A letter of explanation from a certified public
34 accountant disclosing the method and manner used to calculate
35 the amount of the special assessment.
36 (3) The proposed special assessment may not exceed 20
37 percent of the current year’s regular annual assessment. Moneys
38 collected as a result of a special assessment may not be used to
39 supplement or fund reserve items.
40 (4) Lots or units owned by the developer, excluding common
41 areas, are subject to the same payment requirements or payment
42 deadlines as those owned by members, effective on the date on
43 which a special assessment is adopted by the board. The
44 developer may not delay payment of a special assessment based on
45 the use of a developer’s guarantee. If the board existing before
46 turnover of the association initiates or authorizes collection
47 efforts against any member for nonpayment of the special
48 assessment, it must simultaneously initiate or authorize
49 collection efforts against any developer-owned units or property
50 if the special assessment has not been paid by the developer. If
51 the board fails to pursue the developer for nonpayment of the
52 special assessment in the same manner and at the same time it
53 pursues members for nonpayment, a presumption of selective
54 enforcement is created which constitutes a defense that may be
55 raised by a member as a complete defense to nonpayment of the
56 special assessment.
57
58
59 ================= T I T L E A M E N D M E N T ================
60 And the title is amended as follows:
61 Delete line 1449
62 and insert:
63 retain certifications for a specified period; creating
64 s. 720.315, F.S.; prohibiting the board of directors
65 of a homeowners’ association from passing more than
66 one special assessment per calendar year under certain
67 circumstances; requiring that each special assessment
68 be adopted at a board meeting conducted solely for the
69 purpose of discussing and adopting such assessment;
70 requiring that the board provide a notice for a
71 specified period before such meeting; providing
72 procedures for providing such notice; requiring that
73 such notice contain certain information; requiring
74 that the meeting be held in the same county in which
75 the association is located; limiting the amount of a
76 special assessment and restricting the manner in which
77 moneys collected pursuant thereto may be used;
78 providing that lots or units owned by the developer
79 are subject to the same payment requirements and
80 deadlines as those owned by members; providing
81 exceptions; prohibiting a developer from delaying
82 payment of a special assessment based on the use of a
83 developer’s guarantee; requiring that a board of
84 directors initiate or authorize collection efforts
85 against units owned by a developer under certain
86 circumstances; providing that failure of the board to
87 take certain action constitutes a defense to
88 nonpayment of a special assessment for certain members
89 of the association; amending