summary
Introduced
12/27/2021
12/27/2021
In Committee
01/25/2022
01/25/2022
Crossed Over
Passed
Dead
03/14/2022
03/14/2022
Introduced Session
2022 Regular Session
Bill Summary
An act relating to homeowners' associations; amending s. 720.305, F.S.; requiring the board of administration to provide written notice of the opportunity for certain hearings to certain persons; requiring certain hearings to be held within a specified time after certain persons receive a written request for such hearing; providing how a written request may be provided to certain persons; authorizing certain persons to attend the hearing in certain ways; authorizing a fine and suspension committee to reduce a fine or suspension levied by the board; requiring the association to provide written notice by electronic transmission to parcel owners of the fine and suspension committee's decision; providing an appeals process for certain fines and suspensions; requiring an appeal to be heard before a committee within a specified time after certain persons receive written notice of the appeal; providing how written notice of an appeal may be provided to certain persons; providing for the composition of an appeals committee; authorizing certain persons to attend the appeals committee; providing the ways that such persons may attend; specifying the role of the appeals committee; specifying when a fine or suspension may not be imposed; requiring the appeals committee to reduce the fine or suspension by a specified percentage under certain circumstances; requiring the association to provide written notice, in specified ways, to certain persons of the decision of the appeals committee; specifying when payment of a fine that is appealed is due; amending s. 720.311, F.S.; authorizing parties to initiate nonbinding arbitration rather than presuit mediation for certain disputes; creating s. 720.319, F.S.; creating the Office of the Homeowners' Association Ombudsman within the Department of Business and Professional Regulation; providing for funding of the office; directing the Governor to appoint the ombudsman; requiring the ombudsman to be an attorney; prohibiting the ombudsman, officers, and full-time employees from holding certain positions, engaging in certain activities, or receiving certain remuneration; providing for the principal location of the ombudsman's office; authorizing the ombudsman to establish branch offices under specified circumstances; providing for the powers and duties of the ombudsman; providing for the administration of an election monitoring process; requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to adopt certain rules; providing an effective date.
AI Summary
This bill makes several key changes to Florida's laws governing homeowners' associations (HOAs):
1. It requires HOA boards to provide written notice and an opportunity for a hearing before imposing fines or suspensions on homeowners. The bill establishes a "fine and suspension committee" to review and potentially reduce proposed fines or suspensions. It also allows homeowners to appeal fines or suspensions to an "appeals committee."
2. It authorizes parties to opt for non-binding arbitration instead of mandatory pre-suit mediation to resolve certain HOA disputes.
3. It creates the Office of the Homeowners' Association Ombudsman within the Department of Business and Professional Regulation. The Ombudsman will serve as a neutral resource to assist homeowners, boards, and managers in understanding their rights and responsibilities, monitor HOA elections, and help resolve disputes.
4. The bill also includes provisions for funding the Ombudsman's office and outlines the Ombudsman's powers and duties, including the ability to employ staff, issue reports and recommendations, and coordinate with private or volunteer providers of educational resources for HOAs.
Committee Categories
Government Affairs, Justice
Sponsors (1)
Other Sponsors (1)
Regulatory Reform Subcommittee (House)
Last Action
Died in Civil Justice & Property Rights Subcommittee (on 03/14/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2022/1033 |
| Bill | https://www.flsenate.gov/Session/Bill/2022/1033/BillText/c1/PDF |
| Analysis - Regulatory Reform Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2022/1033/Analyses/h1033b.RRS.PDF |
| House Committee Amendment #112207 | https://www.flsenate.gov/Session/Bill/2022/1033/Amendment/112207/PDF |
| Analysis - Regulatory Reform Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2022/1033/Analyses/h1033a.RRS.PDF |
| Bill | https://www.flsenate.gov/Session/Bill/2022/1033/BillText/Filed/PDF |
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