Florida Law Revises Regulations for Community Associations
Thanks to Community Associations Institute Florida Legislative Alliance (CAI-FLA) is pleased to announce today that Gov. DeSantis signed into law Florida Senate Bill 630: Community Association, legislation that revises state regulations and governance rules for community associations.
The law goes into effect on July 1, 2021. The Florida Legislative Alliance initiated and helped draft many aspects of this much needed legislation. “It has been a three-year effort to pass this legislation that will provide much needed clarifications in the legislation and reduce unnecessary costs in community associations,” said Michael Bender, Esq., chair of the CAI Florida Legislative Alliance.
Highlights of this 100+ page bill include:
Allowing condominium associations to use the same presuit mediation* process for dispute resolution that is currently used by homeowners associations in order to reduce costs for both parties.
Clarifying that board member term limits of eight consecutive years are prospective from July 1, 2018, unless an exception is approved by two-thirds of unit owners.
Increasing the allowance for transfer fee from $100 to $150 to accordance with Consumer Price Index increases.
Addressing insurance subrogation so that insurers pursue the party at fault to recover the money paid out on an association claim that was not the association’s fault. This will curtail fraud and stop the skyrocketing insurance rates that have plagued associations for years.
Clarifying that associations’ emergency powers extend to a health emergency, not just a natural disaster. This allows for board members to attend virtual meetings to conduct vital business operations.
Earlier this year, Bender participated in the Florida RESET task force and was able to make sure community associations were included in Senate Bill 72 that became law, granting liability protection to businesses and entities from lawsuits related to COVID-19 exposure if they made a good faith effort to follow all federal, state, and local public health guidelines. “Communities want to open their amenities,” says Thomas M. Skiba, CAE CAI’s chief executive officer. “CAI will continue to advocate for laws that allow responsible communities to open without the fear of unnecessary and costly litigation.” A special thank you to the CAI-Florida Legislative Alliance members listed below, CAI’s Florida lobbyist, Travis Moore, and FLA Administrator, Emily Jennings. The CAI – Florida Legislative Alliance volunteers are delegates from CAI Florida’s chapter throughout the state. They have worked tirelessly to protect the interests of CAI members in Florida. Stay up-to-date on what’s happening in the Florida legislature by joining our Facebook page! Sincerely, The CAI Florida Legislative Alliance Mr. Michael Bender, Esq. Ms. Robyn M. Severs, Esq. Mrs. Mary Macfie Mr. Barry J. Scarr, CIRMS Mr. Tom Cooper, CMCA, AMS Ms. Jennifer M. Cunha, JD Mr. David Alden Furlow Mr. Curtis D. Hamlin, Esq. Mr. Alan Jowers Mr. Steve Rappaport Mr. Dominick Scannavino Mr. Charles William Schumacher, CMCA, AMS, CAM Mr. Thomas Slaten, Esq. Mr. William D. White, CMCA, CPM Ms. Pilar Willis Dixon, CIRMS, CIC Mr. Douglas E. Wilson, CMCA, AMS, PCAM, CPM Mr. Percy J. Legendre Mrs. Tammy Leigh Mercer, CMCA Ms. Connie Morrow Mr. Floyd Duffy Smiley, BS, MS, MBA, ATP