Page 24 - Boca ViewPointe - July '21

Page 24, Viewpointe July 2021
Some Key Provisions In 2021 Legislation

Affecting Community Associations

Numerous significant changes to Florida Statutes governing current times, the legislation amends the statutes providing associations will now have the option (with the exception of
community associations (condominiums, cooperative and associations certain emergency powers to now specifically recall or election disputes) to go to pre-suit mediation as a
homeowners associations) will take effect July 1, 2021, include states of emergency caused by public health crises, such prerequisite to filing a lawsuit, rather than just an arbitration with
presuming approval and signature by Governor Desantis. These as the COVID-19 pandemic. The legislation explicitly permits the Division of Condominiums. Additionally, board member
changes are primarily contained in two bills already passed by membership meetings, committee meetings, and elections to be recall disputes for community associations may now be filed in
both houses of the Legislature—SB 56 and SB 630. The purpose conducted using remote electronic means during a declared state court, as an alternative to an arbitration as previously required.
of this column is to provide a brief overview of some of the most of emergency (as opposed to just Board meetings). Importantly, Of particular importance to homeowners associations, SB
impactful changes, although there are many others not addressed the legislation also prohibits community associations, during 630 adds new language to Chapter 720 similar to that currently
here. A more comprehensive and thorough summary of the new declared states of emergency, from prohibiting access to portions contained in the Condominium Act, which provides that
legislation will be contained in our upcoming 2021 Legal Update. the community when such access is necessary in connection with governing document amendments that “prohibit or regulate”
First, SB 56 imposes several new statutory requirements the sale, lease, or other transfer of property unless a governmental rental agreements will only apply to owners who purchase
on association delinquent maintenance fees/assessments order or public health directive has first been issued prohibiting their parcels after the effective date of the amendment(s) or
collection practices—something which, unfortunately, almost such access. current owners who consented or voted for the amendment.
all associations have had to deal with at one time or another. With respect to common types of disputes between
Specifically, the legislation amends the Florida Statutes condominium associations and their members, condominium Some Key Provisions on page 25
governing “pre-lien” collection requirements and now requires
community associations, before requiring owners to pay any
attorneys fees for collection, to first deliver to the owner a
“Notice of Late Assessment” allowing the delinquent owner
an opportunity to pay before attorney fees for collection are
assessed. An affidavit attesting to delivery of this new notice
will now need to be created and kept in owner account files to
requires an association intending to change its delivery method NoN-Toxic cancer immunotherapy
demonstrate compliance with the new statute. In addition, SB 56
for invoices/statements of account to owners to first deliver a
notice of the change to each owner at least 30 days in advance.
Further, they must receive an affirmative acknowledgement from Available NoW
the owner that they understand the change. These affirmative
acknowledgments will now be required to be maintained in Safe and Effective!
the association’s official records. Finally, SB 56 increases the
statutory time period that pre-lien and pre-foreclosure notices
must be delivered by condominium associations and cooperative This is the Original Immunotherapy that
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