Two Bills Introduced in Florida re Election of HOA Directors and Mandatory Nonbinding Arbitration
Thursday, January 19, 2017
Posted by: Larry Szabo
HB 135 and HB 137 have been filed in the Florida House of Representatives by Representative John Cortes in an effort to implement legislation that gains some control over certain aspects of homeowners association operations. Both of the bills are currently under committee review.
Florida House Bill 135 has been filed to amend F.S. 720.306. The Bill provides for the following requirements for the election of members of the board of directors for associations in communities of 7500 parcels or more:
1. Mandatory first notification of the election date to parcel owners entitled to vote at least 60 days prior to the scheduled election. The notice must include instructions for an owner to nominate himself or herself as a candidate for election to the board.
2. Owners who desire to be a candidate for election to the board must give at least 40 days advance written notice of his or her intent to be a candidate.
3. Association shall also provide parcel owners with a second notice of the election which includes a ballot that lists all candidates.
4. Association must include in the mailing containing the ballot, an information sheet provided by the parcel owner/candidate at least 35 days before the election that is no larger than 8 ½” by 11” . Association shall bear the costs of copying and mailing the information sheets and the association is liable for content of the information sheet.
5. Association board must adopt rules re voting procedures.
6. Elections shall be decided by a plurality of ballots cast and there is no requirement for a quorum providing at least 20% of eligible voters voted in person or by proxy.
7. Members must vote by secret ballot or limited proxy.
8. Election of directors shall be held on the date of the annual meeting.
The proposed effective date for the Bill is July 1, 2017.
A copy of House Bill 135 may be viewed via the following link: House Bill 135>
Florida House Bill 137 has been filed to amend F.S. 720.311. The Bill would authorize disputes relating to the following topics to be submitted to mandatory nonbinding arbitration with the Division of Florida Condominiums, Timeshares, and Mobile Homes:
1. Amendments to the association documents;
2. Meetings of the board and committees appointed by the board;
3. Membership meetings not including election meetings.
The proposed Bill would also require the Department of Business and Professional Regulation to establish a fee structure for certain purposes. The proposed effective date for the Bill would by July 1, 2017.
A copy of House Bill 137 may be viewed via the following link: House Bill 137>