Post by Admin on Dec 30, 2016 17:51:19 GMT -5
Only two issues have caught the imagination of our legislators. Yes, only TWO bills have been filed so far! (Sorry Chrly--nothing filed on MRTA as yet!)
One of them does not affect 99% of HOA's and proposes new guidelines for elections in communities that have more than 7500 parcels.
The second is more noteworthy but probably will not pass. It provides that the DPBR will provide non-binding arbitration on certain matters for HOA rather than requiring owners and HOA's to go to presuit mediation (IMO a waste of time and money). This bill is a precursor to a bill already defeated that essentially treats HOA's EXACTLY LIKE Condos on matter of disputes between the Owner and the Association. Condos pay $4/unit/yr for this resource, one which HOA owners to not have access to for any amount. I would pay a LOT more than $4 to have an arbitration resource available!
If this is passed, it will allow owners limited services available now only to condo/timeshare owners and perhaps pave the way in the future for HOA owners to be treated equal to Condo owners by Florida. Among other issues, it will allow owners to cH allenge an HOA's amendment with the DPBR, following the same guidelines as now exist for condos. The HOA will be billed for the services of DBPR. It will be FAR cheaper to the HOA than paying a phalanx of attorneys to read/explain the statute and teach it to the BOD using the court system! While it would be non-binding, such a process will publicly "vet" a question and possibly resolve the issue at a much lower cost that is currently the case. If SLohA could have done this back in 2013 when I cH allenged its Preservation on my expired parcel, DPBR would have resolved the issue and saved SLohA tens of thousands of dollars in legal fees!
HOA coalitions/vendors/partners are surely going to object to saving legal fees by having a state agency intervene in a dispute!
One of them does not affect 99% of HOA's and proposes new guidelines for elections in communities that have more than 7500 parcels.
The second is more noteworthy but probably will not pass. It provides that the DPBR will provide non-binding arbitration on certain matters for HOA rather than requiring owners and HOA's to go to presuit mediation (IMO a waste of time and money). This bill is a precursor to a bill already defeated that essentially treats HOA's EXACTLY LIKE Condos on matter of disputes between the Owner and the Association. Condos pay $4/unit/yr for this resource, one which HOA owners to not have access to for any amount. I would pay a LOT more than $4 to have an arbitration resource available!
If this is passed, it will allow owners limited services available now only to condo/timeshare owners and perhaps pave the way in the future for HOA owners to be treated equal to Condo owners by Florida. Among other issues, it will allow owners to cH allenge an HOA's amendment with the DPBR, following the same guidelines as now exist for condos. The HOA will be billed for the services of DBPR. It will be FAR cheaper to the HOA than paying a phalanx of attorneys to read/explain the statute and teach it to the BOD using the court system! While it would be non-binding, such a process will publicly "vet" a question and possibly resolve the issue at a much lower cost that is currently the case. If SLohA could have done this back in 2013 when I cH allenged its Preservation on my expired parcel, DPBR would have resolved the issue and saved SLohA tens of thousands of dollars in legal fees!
HOA coalitions/vendors/partners are surely going to object to saving legal fees by having a state agency intervene in a dispute!