The amendment to section 720.307(4), F.S., requiring the preparation of a turnover audit within 30 days following the turnover election is unrealistic, and will result in violations the cause of which may be beyond the control of the developer.
Section 59, requiring all homeowners’ association board members to attend training will be expensive and impractical. It is unknown how many associations exist in Florida, but there could be at least 60,000 board members that would be required to attend training.
Section 62, amending section 720.401, F.S., providing that association documents are “recorded” in Tallahassee may create confusion between the official recorded property records, which are maintained in the county clerk’s office and the “filed” proposed documents that maintained by the Division. The filed documents may not be identical to the recorded documents and homeowners should not rely on filed copies for assertion of their property rights.
Section 63, creating section 720.501, F.S., imposing agency regulation on associations, requires the division to adopt rules by January 1, 2007, which date is before the effective date of the act.
Section 75, addressing the right to own a companion animal indicates that it applies to every homeowner or renter in Florida, but it isn’t clear what laws are being amended to accomplish that objective.
Section 76, requiring that condominium developers must pay assessments on unsold units that are rented, notwithstanding anything to the contrary in the documents conflicts with section 718.116(9), F.S., which provides that no owner, including the developer, may be excused from assessments. The developer may be excused from assessments on unsold units only if there is a valid guarantee agreement, which may be found in the declaration, prospectus or contracts. If the intent is to eliminate the developer guarantee, it would be less confusing to amend that section of the law.
STATEMENT OF THE SPONSOR
AMENDMENTS/COUNCIL SUBSTITUTE CHANGES
On March 22, 2007, the Committee on Business Regulation adopted a strike-all amendment, as amended, and reported the bill favorably. The amendment made the following changes to the bill:
Removed all changes proposed by the bill to Chapter 719 relating to Cooperatives.
Removed all proposed changes to Chapter 720 relating to Homeowners’ Associations, except some of those changes contained in Section 53. of the bill (now Section 19. in the amendment) relating to Homeowner Association budgets and financial reporting. Also, remaining in the amendment are the changes to s. 720.307 F.S., contained in Section 58. of the bill (now Section 20. in the amendment) relating to turnover from developer control to a Homeowner Association.
Removed all changes proposed related to conforming provisions of the statutes to the renaming of the Division of Land Sales, Condominiums, and Mobile Homes in DBPR and deleted provisions creating the new Division of Mandated Properties and the Advisory Council on Mandated Properties.
Removed changes proposed by the bill to Chapter 190 relating to Community Development Districts except those contained in Sections 4. and 5. of the bill (now Sections 1. and 2. in the amendment) which amend ss. 190.048 and 190.0485 F.S. to create detailed disclosure requirements in a contract for the sale of real property or a residential unit located in a district and also to conform the real property recording requirements to the disclosure changes.