More New Laws Change Picture For Condo Boards

In June 2024, the governor of Florida signed a major bill into effect that tightens restrictions on condominium boards, intending to close loopholes and enforce compliance. The main bill, known as “Condo 3.0” for how it builds on previous legislation, institutes a host of changes intended to ferret out corruption and dishonesty among boards and their members. If you are a condo owner or a board member – or both – it is important that you understand how times are about to change.

Some of the most important modifications include:

• Requiring any officers or directors (or people with a financial interest) in a community association to disclose conflicts of interest or face removal;
• Bars condo associations from filing strategic lawsuits against public participation (SLAPP suits). In other words, a condo association is not legally permitted to try and silence a complaining owner or regulatory authority with litigation;
• A rule for “mixed-use” developments – for example, where a condo association shares space with a hotel or other business – which requires the entities to determine who will perform and pay for maintenance and other expenditures. This section is somewhat controversial because regardless of what the association may decide with the hotel or other business, condo owners must pay their share, even if they had no input on taking on the expense;
• Mandates that more records should be available to association members than before, increasing transparency. Of those that still require permission to see, a repeated refusal to grant that permission may now incur criminal penalties;
• Gives the Department of Business & Professional Regulation (DBPR) an increased budget and the mandate to track which condo associations have completed their now-required structural inspections. After the collapse of Champlain Towers South in 2021, Florida passed major legislation requiring older buildings to finance repairs and keep enough on hand to pay for them.

These rules, among other new regulations, are intended to protect condo owners’ investments and give them increased access to potential resources if they experience discrimination or legal disputes. Historically, the condo associations have held all of the proverbial cards, in that SLAPP suits were not barred and the associations had far more power to effectively run roughshod over dissenting owners.

Contact A Hollywood, FL Condominium Association Attorney

As the law goes into effect on July 1, 2024, it remains to be seen how the balance of power will shift between owners, their associations, and state authorities. If you have questions, either as an individual unit owner or a board member, an experienced Hollywood, FL condo association attorney from the Law Offices of Steven A. Mason, P.A. can help to clarify matters. We are ready and willing to try and assist you – call our office today for personalized attention.

Source:

usatoday.com/story/news/state/2024/06/17/florida-condo-law-hb-1021-changes/74122508007/