Post by Admin on Feb 28, 2014 8:09:26 GMT -5
720.302 Purposes, scope, and application.—
(1) The purposes of this chapter are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions.
(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. However, in accordance with s. 720.311, the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.301-720.407 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated.
Editor Note: This is the section that is totally consumer hostile and is on the current HOA reform bill before this current legislative session. It should be noted that Condos already enjoy the protections of regulation and oversight--something that has been missing in HOA laws and homeowners suffer abuses by uncontrolled and greedy 's and BOD's as a result.
(3) This chapter does not apply to:
(a) A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use; or
(b) The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use.
(4) This chapter does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721 or to any nonmandatory association formed under chapter 723, except to the extent that a provision of chapter 718, chapter 719, or chapter 721 is expressly incorporated into this chapter for the purpose of regulating homeowners’ associations.
Editor Note: This section is why SLohA MUST revitalize in the event the disputed Declaration of Covenants is judicially declared to be expired by MRTA! The Minute that happens--all bets are off! Owners have no more protection under Florida Statutes because SLohA will become a NON-MANDATORY homeowners association. SLohA will be a private corporation like any other with volunteer board members who are not subject to the laws governing homeowner associations. Limited as those protections are, they provide some restraining influences on corrupt corporations set up to run HOA's.
(5) Unless expressly stated to the contrary, corporations that operate residential homeowners’ associations in this state sH all be governed by and subject to chapter 607, if the association was incorporated under that chapter, or to chapter 617, if the association was incorporated under that chapter, and this chapter. This subsection is intended to clarify existing law.
History.—s. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. 2003-14; s. 17, ch. 2004-345; s. 14, ch. 2004-353; s. 8, ch. 2007-173.
Note.—Former s. 617.302.
Disclaimer: I am not an attorney and this interpretation is for informational purposes only and should not be relied upon as legal advice. If you should want to seek legal remedy, you should consult with an attorney.
(1) The purposes of this chapter are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide procedures for operating homeowners’ associations, and to protect the rights of association members without unduly impairing the ability of such associations to perform their functions.
(2) The Legislature recognizes that it is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations. However, in accordance with s. 720.311, the Legislature finds that homeowners’ associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter. Further, the Legislature recognizes that certain contract rights have been created for the benefit of homeowners’ associations and members thereof before the effective date of this act and that ss. 720.301-720.407 are not intended to impair such contract rights, including, but not limited to, the rights of the developer to complete the community as initially contemplated.
Editor Note: This is the section that is totally consumer hostile and is on the current HOA reform bill before this current legislative session. It should be noted that Condos already enjoy the protections of regulation and oversight--something that has been missing in HOA laws and homeowners suffer abuses by uncontrolled and greedy 's and BOD's as a result.
(3) This chapter does not apply to:
(a) A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use; or
(b) The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use.
(4) This chapter does not apply to any association that is subject to regulation under chapter 718, chapter 719, or chapter 721 or to any nonmandatory association formed under chapter 723, except to the extent that a provision of chapter 718, chapter 719, or chapter 721 is expressly incorporated into this chapter for the purpose of regulating homeowners’ associations.
Editor Note: This section is why SLohA MUST revitalize in the event the disputed Declaration of Covenants is judicially declared to be expired by MRTA! The Minute that happens--all bets are off! Owners have no more protection under Florida Statutes because SLohA will become a NON-MANDATORY homeowners association. SLohA will be a private corporation like any other with volunteer board members who are not subject to the laws governing homeowner associations. Limited as those protections are, they provide some restraining influences on corrupt corporations set up to run HOA's.
(5) Unless expressly stated to the contrary, corporations that operate residential homeowners’ associations in this state sH all be governed by and subject to chapter 607, if the association was incorporated under that chapter, or to chapter 617, if the association was incorporated under that chapter, and this chapter. This subsection is intended to clarify existing law.
History.—s. 34, ch. 92-49; s. 53, ch. 95-274; s. 45, ch. 2000-258; s. 11, ch. 2003-14; s. 17, ch. 2004-345; s. 14, ch. 2004-353; s. 8, ch. 2007-173.
Note.—Former s. 617.302.
Disclaimer: I am not an attorney and this interpretation is for informational purposes only and should not be relied upon as legal advice. If you should want to seek legal remedy, you should consult with an attorney.