Post by Admin on Jul 2, 2014 10:51:07 GMT -5
Here is the full text of the HB7037 which amends, expands and describes the activities that Florida CAM's are permitted beginning July 1, 2014. The law that was amended was the CAM law, FS468.
Full Text CAM Amendment to FS468
This bill details the permissiable quasi-legal activities of a CAM were described in detail and the section of professional standards was expanded. Below is a summary of the changes to CAM law.
Definition of Community Association Management
468.431
Revises the term “community association management” to include the following activities: determining the number of days required for notices, determining amounts due to the association, collecting amounts due to the association before filing of a lawsuit, calculating votes required for a quorum or to approve an amendment, completing forms related to the management of the community association that have been created by statute, drafting meeting notices and agendas, calculating and preparing certificates of assessments and estoppel certificates, responding to requests for certificates of assessments and estoppel certificates, negotiating monetary or performance terms of a contract subject to approval by the association, drafting prearbitration demands, coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of the community association and complying with the association’s governing documents and requirements of law as necessary to perform such practices.
Management / Agent Duty
468.4334
This is a new section which clarifies that a community association manager is an agent of the community association. Requires the manager to discharge his or her duties loyally, skillfully and diligently and deal honestly and fairly and in good faith with the community.
Management Agreements
468.4334
Provides that the manager cannot charge “unreasonable or excessive fees.” Provides that a management contract may provide that the association indemnifies the manager and management firm for ordinary negligence resulting from the manager’s or management firm’s act or omission that is the result of instruction or direction of the community association. The indemnification, however may not cover any act or omission that violates a criminal law, derives an improper personal benefit, either directly or indirectly is grossly negligent or reckless or in bad faith with
a malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety and property
Full Text CAM Amendment to FS468
This bill details the permissiable quasi-legal activities of a CAM were described in detail and the section of professional standards was expanded. Below is a summary of the changes to CAM law.
Definition of Community Association Management
468.431
Revises the term “community association management” to include the following activities: determining the number of days required for notices, determining amounts due to the association, collecting amounts due to the association before filing of a lawsuit, calculating votes required for a quorum or to approve an amendment, completing forms related to the management of the community association that have been created by statute, drafting meeting notices and agendas, calculating and preparing certificates of assessments and estoppel certificates, responding to requests for certificates of assessments and estoppel certificates, negotiating monetary or performance terms of a contract subject to approval by the association, drafting prearbitration demands, coordinating or performing maintenance for real or personal property and other related routine services involved in the operation of the community association and complying with the association’s governing documents and requirements of law as necessary to perform such practices.
Management / Agent Duty
468.4334
This is a new section which clarifies that a community association manager is an agent of the community association. Requires the manager to discharge his or her duties loyally, skillfully and diligently and deal honestly and fairly and in good faith with the community.
Management Agreements
468.4334
Provides that the manager cannot charge “unreasonable or excessive fees.” Provides that a management contract may provide that the association indemnifies the manager and management firm for ordinary negligence resulting from the manager’s or management firm’s act or omission that is the result of instruction or direction of the community association. The indemnification, however may not cover any act or omission that violates a criminal law, derives an improper personal benefit, either directly or indirectly is grossly negligent or reckless or in bad faith with
a malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety and property
