Florida Senate - 2017                                    SB 1186
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01608-17                                           20171186__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.306, F.S.; specifying requirements for amending
    4         a homeowners’ association declaration; providing that
    5         nonmaterial errors or omissions do not invalidate a
    6         properly adopted amendment; providing that an
    7         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 amended by
   23  reference to its title or number alone. A proposal to amend an
   24  existing provision of the declaration must contain the full text
   25  of the provision to be amended. New words must be inserted in
   26  the text and underlined, and words to be deleted must be lined
   27  through with hyphens. However, if the proposed change is so
   28  extensive that this procedure would hinder, rather than assist,
   29  the understanding of the proposed amendment, it is not necessary
   30  to use underlining and hyphens as indicators of words added or
   31  deleted. Instead, a notation must be inserted immediately
   32  preceding the proposed amendment in substantially the following
   33  language: “Substantial rewording of declaration. See provision
   34  for present text.” An amendment to a declaration is effective
   35  when properly recorded in the public records of the county where
   36  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  representatives to the amendment and parcel owners who acquire
   49  title to their homes after July 1, 2017.
   50         Section 2. This act shall take effect July 1, 2017.