New Condo & HOA Laws

New Condo & HOA Laws

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THE 2021 FLORIDA LEGISLATURE ENACTED SEVERAL LAWS THAT IMPACT COMMUNITY AND CONDOMINIUM ASSOCIATIONS.

Senate Bill 72, now Chapter Law 2021-1, limits the liability of business entities, which includes not-for-profit condominium and community associations, from civil court actions based upon COVID-19-related claims.

Senate Bill 56, now Chapter Law 2021-2, amends the Condominium Act to extend the foreclosure notice requirement from 30 days to 45 days. It requires the delivery of written notice to the delinquent owner by first class mail or e-mail, and 30 days written notice must be given to and acknowledged by the owners prior to an association making changes in the delivery method. It also provides that owners may pay a delinquent assessment prior to a lien being recorded without attorney fees.

Senate Bill 630, which passed the Legislature and awaits action by the Governor, modifies the records maintenance obligations for condominium associations and revises insurance coverage requirements for condominiums. It also clarifies that the term limits enacted in 2018 are prospective only; eliminates conflicting provisions on conflicts-of-interest; eliminates mandatory non-binding arbitration in favor of optional pre-suit mediation; expands emergency powers to include pandemic-related events; provides clarifying language for the use of purchaser deposits; and clarifies the reserve requirements for HOA’s under Chapter 720.

House Bill 463, which passed the Legislature and awaits action by the Governor as well, exempts community association swimming pools that serve no more than 32 parcels from supervision by the Florida Department of Health.

If you have any questions or concerns about these new laws and their impact on your community, or any other HOA or condominium issues, please contact us so that we may assist you.

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