The bill CS/CS/HB 983 amends various sections of Florida Statutes concerning homeowners' associations, with a primary focus on enhancing governance, election processes, and the recall of board members. It introduces a new definition for "financial statements," requiring them to be prepared according to generally accepted accounting principles. The bill mandates the appointment of an election monitor by the Office of the Condominium Ombudsman to oversee director elections, with costs borne by the homeowners' association. It prohibits the suspension of voting rights during recall votes and modifies the procedures for recalling board members, including the method of serving recall agreements and the timeline for board meetings following a recall. Additionally, it clarifies that board members' terms expire at the annual meeting, allowing for reelection unless restricted by governing documents.
Significant changes also include the removal of certain election process requirements, such as the use of proxies and specific mailing methods for secret ballots. The bill establishes that elections will be decided by a plurality of votes without quorum requirements and outlines conditions for candidate disqualification. It enhances the dispute resolution process for homeowners' associations, mandates binding arbitration for election disputes, and modifies disclosure requirements for prospective property purchasers. Furthermore, it introduces provisions for recreational covenants, ensuring that prospective buyers receive detailed information about amenity dues and the rights of parcel owners. The act is set to take effect on July 1, 2025, aiming to improve transparency and protect the rights of homeowners within associations.
Statutes affected: H 983 Filed: 720.3086, 720.401
H 983 c1: 720.3086, 720.401, 336.125, 617.0725, 718.116, 720.3085
H 983 c2: 720.3086, 720.401, 336.125, 558.002, 617.0725, 718.116, 720.3085