Tampa HOA Lawyer on HB791 Law July 2015
Governor Rick Scott signed HB 791 Florida into law effective on July 1, 2015. HB 791 impacts condominiums, cooperatives, and homeowners’ associations. If you need a Tampa Real Estate attorney who can assist you with compliance or legal issues regarding these new HOA, Condominium and Cooperative laws, please call our Tampa Law Firm at (813) 381-5670.
This will effect the following:
- Electronic Voting for HOA’s (Homeowner Associations) Condominiums and Cooperatives
- Digital or Electronic Transmission of Proxies for HOA’s (Homeowner Associations) Condominiums and Cooperatives
- Electronic Notice to Owners for HOA’s (Homeowner Associations) Condominiums and Cooperatives
- Fines/Penalties for HOA’s (Homeowner Associations) Condominiums and Cooperatives
- Suspension of Voting Rights for HOA’s (Homeowner Associations) Condominiums and Cooperatives
- Application of Payment/Assessments for Condominiums and Cooperatives
It may be necessary to review your current administrative practices with a Tampa Bay Home Owner Association Attorney to ensure that you will be in compliance with the new law beginning 7/2015. The bill is extensive and new law applies to condo associations, home owner associations cooperatives, bulk purchasers and owner’s rights.Revisions of the current statutes is extensive. The revised s. 718.113 will include requirements for board of administration and unit owner meetings; clarifying the voting process for providing reserves. New language is proposed to clarify the electronic voting process of owners and voting interests of unit owners. There are also revisions as to what constitutes official records of an home owner association. Other changes will be in the clarification of the voting process for providing reserves; amending s. 718.113 revising powers of the board.
Compliance and Limitations of Rights of Bulk-Unit Purchasers;
- Providing applicability of provisions relating to the Distressed Condominium Relief Act; creating part VIII of chapter 718, F.S.; providing legislative intent; providing definitions; authorizing a bulk-unit purchaser to exercise certain developer rights; requiring a bulk-unit purchaser to pay a working capital contribution under certain circumstances.Levying of Fines
- Regarding the levying of fines, the committee formed to hear cases regarding potential fines must be impartial and limited to that purpose. It also clarifies that the role of the fining committee is to confirm or reject the fine levied by the board.Foreclosure Purchases & Liability
- A unit owner, regardless of how the unit owner has acquired his or her title has been acquired, including, but not limited to, by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that which come due while he or she is the unit owner, including any special assessments or installments on special assessments coming due during the period of ownership, regardless of when the special assessment was levied.
Tampa Real Estate Lawyer Denise P. Lubliner is experienced in HOA law, Condo Association law and offers legal representation and assistance in these and other real estate law practices and law.
For a free initial consultation with a Tampa Bay Real Estate Attorney in Tampa, St. Petersburg/Clearwater, Pasco, Polk, Manatee, Marion and Sarasota counties, please contact the Lubliner Law Firm at (813) 381-5670.