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Bill > S7044


FL S7044

FL S7044
Homeowners' Associations


summary

Introduced
02/01/2024
In Committee
02/01/2024
Crossed Over
Passed
Dead
03/08/2024

Introduced Session

2024 Regular Session

Bill Summary

An act relating to homeowners’ associations; amending s. 468.4334, F.S.; providing requirements for certain community association managers and community association management firms; amending s. 468.4337, F.S.; prohibiting the Regulatory Council of Community Association Managers from requiring more than a specified number of hours of continuing education annually for license renewal; requiring certain community association managers to biennially complete a specified number of hours of continuing education, including a specified number of hours on a specified subject; amending s. 720.303, F.S.; requiring an association to maintain certain documents for a specified timeframe; requiring certain associations to post certain documents on their website or make them available through an application on a mobile device; providing construction; requiring an association to provide certain information to parcel owners upon written request; requiring an association to ensure certain information and records are not accessible on the website or application; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association to adopt certain rules; providing criminal penalties for directors or members of the board or association and community association managers who knowingly, willfully, and repeatedly fail to maintain and make available specific records; defining the term “repeatedly”; providing criminal penalties for persons who knowingly and intentionally deface or destroy, or intentionally fail to maintain, specified accounting records; providing criminal penalties for persons who willfully and knowingly refuse to release certain records for specific purposes; requiring an association to provide or make available subpoenaed records within a certain timeframe; requiring an association to assist in a law enforcement investigation as allowed by law; requiring certain associations to prepare audited financial statements; prohibiting an association from preparing financial statements for consecutive fiscal years; prohibiting an association and its officers, directors, employees, and agents from using a debit card issued in the name of the association; providing that persons who violate such prohibition commit theft under s. 812.014, F.S., punishable as provided in that section; defining the term “lawful obligation of the association”; making technical changes; amending s. 720.3033, F.S.; deleting a requirement that a director certify in writing to the secretary of the association that he or she has read certain documents; requiring newly elected or appointed directors to complete certain educational curriculum approved by the department within a certain time period; requiring a director to retake the educational curriculum after a certain time period; providing subject matter for the educational curriculum; requiring certain directors of an association to annually complete a minimum amount of continuing education; requiring the department to adopt rules; prohibiting officers, directors, or managers of an association from soliciting, offering to accept, or accepting a kickback; defining the term “kickback”; providing criminal penalties for officers, directors, and managers of an association who accept bribes or kickbacks; making technical changes; amending s. 720.3035, F.S.; requiring an association or any architectural, construction improvement, or other such committee of an association to apply and enforce certain standards in a specified manner with regard to all parcel owners; requiring such committees to provide certain written notice to a parcel owner if a certain request or application is denied; making technical changes; amending s. 720.3065, F.S.; providing criminal penalties for certain violations related to fraudulent voting activity related to association elections; making technical changes; amending s. 720.3085, F.S.; conforming a cross reference; amending s. 720.317, F.S.; providing that a homeowner may consent to online voting electronically, as well as in writing, and that association boards must establish reasonable procedures for giving such consent; providing an effective date.

AI Summary

This bill proposes several key changes to homeowners' associations in Florida: 1. It requires community association managers or firms to attend at least one member or board meeting annually, provide contact information to members, and make the association's contract available upon request. 2. It limits the Regulatory Council of Community Association Managers from requiring more than 10 hours of continuing education annually for license renewal, and requires managers who serve homeowners' associations to complete at least 5 hours of continuing education every 2 years, including 3 hours on recordkeeping. 3. It mandates that associations maintain various records for at least 7 years and post key documents on their website or mobile app by 2025. It also imposes criminal penalties for certain violations related to accessing or maintaining association records. 4. It requires newly elected or appointed directors to complete an educational curriculum approved by the state within 90 days, and establishes annual continuing education requirements for directors. 5. It prohibits associations and their officers, directors, and managers from soliciting or accepting kickbacks, and imposes criminal penalties for such violations. 6. It requires associations to reasonably and equitably apply and enforce architectural and construction standards, and provide written notice if a request is denied. 7. It establishes criminal penalties for fraudulent voting activities related to association elections. 8. It allows homeowners to consent to online voting electronically or in writing.

Sponsors (4)

Other Sponsors (2)

Regulated Industries (Senate), Rules (Senate)

Last Action

Laid on Table, refer to CS/CS/HB 1203 (on 03/06/2024)

bill text


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