Post by Admin on May 1, 2017 16:01:46 GMT -5
As passed today, following a 37-0 vote in the Senate, HB 1237 reserves criminal penalties for tampering with election ballots, falsifying information, and destruction of association records.
Read entire engrossed bill, HB 1237 here:
Condo HB 1237
The bill provides criminal penalties galore for all the things that we have become familiar with in association-governed communities--not just condos! These criminal penalties will no longer shield board members and give them "indemnity". Indemnification insurance does not cover criminal acts.
The one criminal penalty that could not pass snuff was misdemeanor penalty against condos that fail to provide official records and ignore homeowners. Owners have the same right as before: take 'em to Sm all Claims Court.
The bill also includes several other provisions intended to protect the interests of all condominium owners and residents:
Tenants are now legally entitled to access to the Bylaws, and Rules and Regulations of a condo association.
Condo associations will be prohibited from hiring the same attorney that represents their community manager or management company.
(SHUT THE DOOR!)
Condo board members must follow strict disclosure requirements in order to avoid conflicts of interest in awarding of contracts.
(OR OTHER TRANSACTIONS, SUCH AS THE SWEET KCee Ntwerk SCAM)
Kickbacks and other favors to board members and managers are expressly prohibited.
(When this is in place for HOA, we could see our assessment fees go DOWN! There would no longer by the cozy Stmbug Ixx/Gag-an-knees association and other goodies for the "preferred vendors".)
In order to promote transparency, all condo associations of 150 or more units will be required to post certain association records on a website, readily accessible to all members (but not the general public).
(This enumerates ALL the official records. It names EACH RECORD so there is no hiding behind whiny protests "But it's not an official record!")
Each condo association will be required to file an annual report with the state of Florida, and provide notice and access to all condo owners of that annual report.
Condo association board members are subject to term limits, with certain exceptions.
The condominium Ombudsman will now have the authority to examine ballots cast by association members.
(In the past, Ombudsman Dr Virgil Rizzo was WAY to productive and garnered WAY too many complaints, especially election behavior. He was fired and the office was watered down to babysitting. Now, the Ombudsman has a job.)
I wish I could say that this applied to HOA's but not this year. It is widely believed that a similar bill will be submitted and passed next year that places HOA statutory law on a parity with Condo law--especially since many, many condo associations ALSO have a Master HOA Association!
Read entire engrossed bill, HB 1237 here:
Condo HB 1237
The bill provides criminal penalties galore for all the things that we have become familiar with in association-governed communities--not just condos! These criminal penalties will no longer shield board members and give them "indemnity". Indemnification insurance does not cover criminal acts.
The one criminal penalty that could not pass snuff was misdemeanor penalty against condos that fail to provide official records and ignore homeowners. Owners have the same right as before: take 'em to Sm all Claims Court.
The bill also includes several other provisions intended to protect the interests of all condominium owners and residents:
Tenants are now legally entitled to access to the Bylaws, and Rules and Regulations of a condo association.
Condo associations will be prohibited from hiring the same attorney that represents their community manager or management company.
(SHUT THE DOOR!)
Condo board members must follow strict disclosure requirements in order to avoid conflicts of interest in awarding of contracts.
(OR OTHER TRANSACTIONS, SUCH AS THE SWEET KCee Ntwerk SCAM)
Kickbacks and other favors to board members and managers are expressly prohibited.
(When this is in place for HOA, we could see our assessment fees go DOWN! There would no longer by the cozy Stmbug Ixx/Gag-an-knees association and other goodies for the "preferred vendors".)
In order to promote transparency, all condo associations of 150 or more units will be required to post certain association records on a website, readily accessible to all members (but not the general public).
(This enumerates ALL the official records. It names EACH RECORD so there is no hiding behind whiny protests "But it's not an official record!")
Each condo association will be required to file an annual report with the state of Florida, and provide notice and access to all condo owners of that annual report.
Condo association board members are subject to term limits, with certain exceptions.
The condominium Ombudsman will now have the authority to examine ballots cast by association members.
(In the past, Ombudsman Dr Virgil Rizzo was WAY to productive and garnered WAY too many complaints, especially election behavior. He was fired and the office was watered down to babysitting. Now, the Ombudsman has a job.)
I wish I could say that this applied to HOA's but not this year. It is widely believed that a similar bill will be submitted and passed next year that places HOA statutory law on a parity with Condo law--especially since many, many condo associations ALSO have a Master HOA Association!
