Florida Senate - 2016                                     SB 792
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00813A-16                                           2016792__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.306, F.S.; specifying requirements for revising
    4         or amending a homeowners’ association declaration;
    5         providing that nonmaterial errors or omissions do not
    6         invalidate a properly adopted amendment; providing
    7         that an amendment to a recorded governing document is
    8         effective when recorded; providing that an amendment
    9         restricting a parcel owner’s ability to rent his or
   10         her property applies only to certain parcel owners;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present paragraph (d) of subsection (1) of
   16  section 720.306, Florida Statutes, is redesignated as paragraph
   17  (h), and new paragraphs (d) through (g) are added to that
   18  subsection, to read:
   19         720.306 Meetings of members; voting and election
   20  procedures; amendments.—
   21         (1) QUORUM; AMENDMENTS.—
   22         (d) A provision of the declaration may not be revised or
   23  amended by reference to only its title or number. A proposal to
   24  amend an existing provision of the declaration must contain the
   25  full text of the provision to be amended. New words must be
   26  inserted in the text and underlined, and words to be deleted
   27  must be lined through with hyphens. However, if the proposed
   28  change is so extensive that this procedure would hinder, rather
   29  than assist, the understanding of the proposed amendment, it is
   30  not necessary to use underlining and hyphens as indicators of
   31  words added or deleted. Instead, a notation must be inserted
   32  immediately preceding the proposed amendment in substantially
   33  the following language: “Substantial rewording of declaration.
   34  See provision for present text.” An amendment to a declaration
   35  is effective when properly recorded in the public records of the
   36  county where the declaration is recorded.
   37         (e) Nonmaterial errors or omissions in the amendment
   38  process do not invalidate an otherwise properly adopted
   39  amendment.
   40         (f) An amendment to any recorded governing document is
   41  effective when properly recorded in the public records of the
   42  county where the governing document is recorded.
   43         (g) An amendment prohibiting parcel owners from renting
   44  their homes, altering the duration of the rental term, or
   45  specifying or limiting the number of times parcel owners are
   46  entitled to rent their homes during a specified period applies
   47  only to parcel owners who consent individually or through their
   48  representative to the amendment and parcel owners who acquire
   49  title to their homes after the effective date of that amendment.
   50         Section 2. This act shall take effect July 1, 2016.