New legislative bills affecting community associations have been filed in Florida for today’s opening day of the 2022 Legislative Session.
These bills are some of the first state legislation proposed by lawmakers after the devastating Surfside condominium collapse in June 2021 and will hopefully pave the way for necessary condominium law reform.
In July, shortly after the Surfside condo collapse, Ms. Ruiz met with Senator Jason Pizzo, District 38 (Miami-Dade County) to discuss much needed changes to Florida condominium laws, including the inspection requirements mentioned below.
SB 1942, sponsored by Senator Pizzo, would amend the Florida Building Code to require enhanced waterproofing measures for community association parking garages and swimming pool decks. SB 1942 would also prohibit community associations from waiving or reducing reserve funds, require board members to complete an education curriculum, and require the board to hire a licensed structural engineer to conduct annual inspections of association property. The companion House of Representatives (“House”) bill is HB 1393, sponsored by Representative Joseph Geller, District 100 (Miami-Dade and Broward Counties).
SB 1780, also sponsored by Senator Pizzo, would require a licensed architect or engineer to inspect certain community association buildings upon reaching 30 years of age and every 5 years thereafter. As it pertains to condominiums, this requirement would extend to any residential condo building greater than four stories in height and located within a one-half mile radius of the Gulf of Mexico or Atlantic coast shoreline. The companion House bill, HB 1391, is also sponsored by Representative Geller.
SB 1774, sponsored by Senator Pizzo, would require condominium buildings greater than three stories in height to undergo inspections every 5 years by a licensed architect or engineer. However, associations could vote to waive the 5-year inspection by obtaining majority member approval. This bill would also require board candidate certification forms to be dispersed to voting members prior to an election and authorizes the person or entity preparing an association’s financial report to rely on an inspection report. The companion House bill, HB 1397, is also sponsored by Representative Geller.
SB 880, also sponsored by Senator Pizzo, would make it a third degree felony for any association officer or director to accept anything or service of value or kickback for his or her personal benefit. This bill would also require associations to maintain all bank and credit card statements and other documents substantiating any receipt or expenditure of funds as part of the association’s official records. Associations would also be required to provide an itemized list of all records made available to persons requesting official records, as well as a sworn affidavit by the person facilitating the request attesting to the itemized list.
SB 1702, sponsored by Senator Jennifer Bradley, District 5, would impose a statewide structural inspection program for aging multifamily residential buildings in Florida. The “milestone inspection” is required for buildings greater than three stories in height upon reaching 30 years of age, and every 10 years thereafter. For buildings greater than three stories in height and located within 3 miles of a coastline, the “milestone inspection” is required upon reaching 20 years of age, and every 7 years thereafter.
SB 274, sponsored by Senator Ana Maria Rodriguez, District 39 (Miami-Dade and Monroe Counties), would create a “Condominium Fraud Investigation Pilot Program” within the Department of Legal Affairs in the Office of the Attorney General. The task force would investigate fraud and corruption within condominium associations in Miami-Dade, Monroe, and Broward Counties. The task force would have the power to subpoena, audit, and compel production of documents. Its companion House bill, HB 811, sponsored by Representative Tom Fabricio, District 103, would create an investigative unit within the Department of Law Enforcement to investigate allegations of criminal activity within condominium associations.
SB 394, also sponsored by Senator Rodriguez, seeks to revise certification and education requirements for community association boards of directors. Under the proposed law, board members would need to submit a sworn affidavit that they had read the association’s governing documents and submit a certificate of having completed the educational curriculum provided by the Department of Business and Professional Regulation (“DBPR”). Under the current laws, board members have the option to do one or the other. The companion House bill, HB 547, sponsored by Representative David Borrero, District 105, proposes similar education requirements for community association board members.
SB 642, also sponsored by Senator Rodriguez, would require the DBPR to establish a searchable database containing information regarding each condominium and homeowners’ association in Florida. At a minimum, the information would include the board of directors’ contact information, whether the association is self-managed or has a property manager, a copy of the governing documents, information related to the annual budget, and copies of any reserve and engineering studies. Its companion House bill, HB 329, is sponsored by Representative Nicholas Duran, District 112, and calls for a similar internet database for condo and homeowners’ associations.
HB 321, sponsored by Representative Emily Slosberg, District 91, would permit condominium associations to charge transfer fees in connection with a sale or lease of a unit to an amount not to exceed the equivalent of two monthly assessments. Under this bill, associations are also permitted to charge a separate application fee not to exceed $150.
If you need help navigating community association laws, please do not hesitate to schedule a consultation with our office.
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Photo from Canva
