2017 Proposed Legislation Regarding Florida Statutes, Chapter 718

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Jonathan J. Ellis

In recent legislation, Senate Bills 1258 and 1682 and House Bills 1001 and 1237 seek to amend Florida Statutes, Chapter 718.

Senate Bill 1258 and House Bill 1001 seek to fine directors who knowingly violate any Association bylaw or statutes.

Senate Bill 1682 and House Bill 1237 are more complex and seek, among other things, to: Continue reading

Restrictive Endorsement

Jonathon Ellis

Restrictive endorsements when coupled with payment are still applicable to associations.

As many may remember, The Florida Legislature amended Florida Statutes §718.116 and §720.3085 to include language relating to the applicability of restrictive endorsements, designations or instruction accompanying payments made for delinquent assessments.  Specifically, Florida Statutes §718.116(3) and §720.3085(3)(b) state as follows: Continue reading

Community Associations: Amendments to Chapters 718 & 720, Florida Statutes

On July 1, 2015, recent amendments to Chapters 718 and 720, Florida Statutes went into effect which will impact all condominium and homeowners’ associations in the state of Florida.

Chapter 720, Florida Statutes was officially renamed the “Homeowners’ Association Act,” and among the more significant changes, the procedure for fining unit owners for violations of the governing documents has been amended to clarify that fines must initially be levied by the board of directors, subject to an opportunity to be heard before an impartial fining committee whose role is limited to confirming or rejecting the fine. It remains unclear whether a fine must be reviewed by the fining committee where a unit owner fails to actually request a hearing. As a result, we continue to recommend that all fines be made subject to review by the fining committee. Continue reading