There were several new provisions that related directly to condominium and homeowner associations that became effective July 1, 2014.
The changes below apply to homeowners’ associations and chapter 720 of the Florida Statutes.
- Official Records: Section 720.303(5) of the Florida Homeowners’ Association Act has been amended to allow associations to print and distribute a directory that can contain the name, address, and phone numbers for each owner as long as an owner does not submit a written request asking to be omitted from the association’s directory. The changes also addressed that an owner may also permit the association to publish other “protected information”, which would incluse e-mail addresses
- Emergency Powers: Section 720.316 has been added to the HOA statutes authorizing certain “emergency powers” after a catastrophic event, such as flooding and hurricanes. The powers include such the authority to implement a disaster plan and taking the necessary action to mitigate any further damage to the community after a catastrophic event.
- Access to HOA Board Meetings For Handicapped Persons: Sections 720.303(2)(a) and 720.306(1)(a) of the Homeowners’ Association Act have been amended to provide that board meetings must be held at locations which are accessible to physically handicapped persons. However, this requirement comes into play only if a request is made by a physically handicapped person who is entitled to attend a board meeting. This law does not apply to condominium or cooperative associations, just homeowners’ associations.
- Amendments to Governing Documents: When an HOA is in the process of amending their documents, if a copy of the proposed amendment was provided to the members before they voted on the amendment, and there were no changes to the proposed amendment, the association now may provide written notice (which must contain the official book and page number of the instrument and where the amendment was recorded and that a copy of the officially recorded amendment is available upon request) that the association’s amendment was adopted and recorded, instead of providing the entire recorded amendment.