HB 615 — Community Association Assessment Notices
Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 56 (Ch. 2021-91), CS/CS/SB 630 (Ch. 2021-99)
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Community Association Assessment Notices; Revises provisions relating to condominium, cooperative, & homeowner's associations, including requiring affirmative acknowledgments for certain actions, specified notices to unit & parcel owners, delivery of certain invoices & account statements, & timeframes for foreclosure judgments and liens.
Bill Text
What changed in the latest version
1074 added · 1038 removed1074 line(s) added, 1038 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 A bill to be entitled An act relating to community association assessment notices;
requiring condominium associations to deliver certain invoices for assessments or statements of account to unit owners in a specified manner;
requiring condominium associations to give notice to unit owners before changing the method of delivery for theinvoices for assessments or statements of account;
establishing a rebuttable presumption relating to the mailing of such notice;
revising the timeframe for condominium associations to file liens against condominiumPage units;1 of 39 CODING:
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 condominium units;
requiring cooperative associations to Pagemaintain 1specified affirmative acknowledgments as official records of 38the CODING:association;
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 maintain specified affirmative acknowledgments as official records of the association;
requiring cooperative associations to deliver certain invoices for assessments or statements of account to unit owners in a specified manner;
requiring cooperative associations to give notice to unit owners before changing the method of delivery for theinvoices for assessments or statements of account;
establishing a rebuttable presumption relating to the mailing of such notice;
requiring homeowners' associations to maintain specified affirmative acknowledgments as officialPage records2 of the39 association;CODING:
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 official records of the association;
requiring homeowners' associations to deliver certain invoices for assessments or statements of account to parcel owners in a specified manner;
Pagerequiring 2homeowners' associations to give notice to parcel owners before changing the method of 38delivery CODING:for invoices for assessments or statements of account;
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 requiring homeowners' associations to give notice to parcel owners before changing the method of delivery for the statements of account;
establishing a rebuttable presumption relating to the mailing of such notice;
718.111 The association.— (12) OFFICIAL RECORDS.— (a)Page From3 the inception of the39 association,CODING: the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:
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hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 (a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:
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hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 3.
However,Page the4 association is not liable for an inadvertent disclosure of the39 e-mailCODING: address or facsimile number for receiving electronic transmission of notices.
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices.
A current copy of any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or Pageresponsibility. 4 of 38 CODING:
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Show all 236 changed lines (196 more)
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 responsibility.
A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the name of the unit owner, the due date and amount of each assessment,Page the5 amountof paid39 onCODING: the account, and the balance due.
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 assessment, the amount paid on the account, and the balance due.
Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, Pagewhich 5must be maintained for 1 year from the date of 38the CODING:election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
Words stricken are deletions;
words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
16.15.16.
All other written records of the association not specifically included in the foregoing which are related to the operationPage 6 of the39 association.CODING:
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 operation of the association.
PageThe 6association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of 38record CODING:inspections and copying.
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying.
Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to bePage maintained7 during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing39 harmCODING: to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.
718.501(1)(d).
3.
The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, Page 7 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 andbe rules,maintained andduring allthe amendmentsperiod for which such records are required to eachbe ofmaintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the foregoing,intent asof wellcausing asharm to the questionassociation andor answerone sheetor asmore describedof inits members, is personally subject to a civil penalty pursuant to s.
718.501(1)(d).
3.
The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.
Any record protected by the lawyer-client privilege as describedPage in8 s.of 39 CODING:
90.502 and any record protected by the work- product privilege, including a record prepared by an association attorney or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the Page 8 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 conclusiondescribed ofin thes. litigation or proceedings.
90.502 and any record protected by the work- product privilege, including a record prepared by an association attorney or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association's notice requirements, and other personal identifying information of any person,Page excluding9 theof person's39 name,CODING: unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association's notice requirements.
Notwithstanding the restrictions in this sub-subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner.
However, an owner may exclude his or her telephone numbers from Page 9 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 person, excluding the directoryperson's byname, sounit requestingdesignation, inmailing writingaddress, property address, and any address, e-mail address, or facsimile number provided to the association.association to fulfill the association's notice requirements.
Notwithstanding the restrictions in this sub-subparagraph, an association may print and distribute to parcel owners a directory containing the name, parcel address, and all telephone numbers of each parcel owner.
However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association.
Paragraph (b) of subsection (6) of section 718.116,Page Florida10 Statutes,of is39 amendedCODING: to read:
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hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 718.116, Florida Statutes, is amended to read:
The notice must be in substantially the Pagefollowing 10form: of 38 CODING:
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 following form:
AnyPage questions11 concerning this matter should be directed to ...(insert name, addresses, and telephone numbers of association39 representative)....CODING:
If this notice is not given at least 45 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, Page 11 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 areAny paidquestions beforeconcerning thethis entrymatter ofshould abe finaldirected judgmentto of...(insert foreclosure,name, theaddresses, associationand shalltelephone notnumbers recoverof attorneyassociation attorney'srepresentative).... fees or costs.
If this notice is not given at least 45 30 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney attorney's fees or costs.
Subsection (4) of section 718.121, Florida Statutes,Page is12 amended,of and39 subsectionsCODING: (5) and (6) are added to that section, to read:
718.121 Liens.— (4)(a) The association must deliver a unit's statement of the account described in s.
718.111(12)(a)11.b.
to the unit owner by first-class United States mail or by electronic transmission to the unit owner's e-mail address maintained in the association's official records.
Page 12 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 (b)Statutes, Beforeis changingamended, theand methodsubsections of(5) deliveryand for(6) theare statementadded ofto thethat account,section, the association must deliver a written notice of such change to eachread: unit owner.
The718.121 writtenLiens.— notice(4)(a) mustIf bean deliveredassociation tosends thean unitinvoice ownerfor atassessments leastor 30a daysunit's before the association sends the statement of the account bydescribed thein news. delivery method.
718.111(12)(a)11.b., the invoice for assessments or the unit's statement of account must be delivered to the unit owner by first-class United States mail or by electronic transmission to the unit owner's e-mail address maintained in the association's official records.
(b) Before changing the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner.
The written notice must be delivered to the unit owner at least 30 days before the association sends an invoice for assessments or the statement of the account by the new delivery method.
Notice is deemed to have been givendelivered upon mailing as required by this paragraph.
(c) A unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of thean statementinvoice offor theassessments accountor before the associationunit's maystatement changePage the13 method of delivering39 theCODING: statement of the account.
The unit owner may make the affirmative acknowledgment electronically or in writing.
(5) An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
The notice of late assessment must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association's Page 13 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 recordsof and,the ifaccount suchbefore addressthe isassociation notmay change the unitmethod address,of mustdelivering bean sentinvoice byfor first-classassessments Unitedor Statesthe mailstatement toof the unitaccount. address.
NoticeThe isunit deemedowner tomay havemake beenthe givenaffirmative uponacknowledgment mailingelectronically asor requiredin bywriting. this subsection.
(5) An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
The notice of late assessment must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association's records and, if such address is not the unit address, must also be sent by first-class United States mail to the unit address.
Notice is deemed to have been delivered upon mailing as required by this subsection.
A rebuttable presumption that an association mailed a notice in accordance with this subsection is established if a board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing.
ThePage following14 amounts are currently due on your account to ...(name of association)...,39 andCODING: must be paid within 30 days of the date of this letter.
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 The following amounts are currently due on your account to ...(name of association)..., and must be paid within 30 days of the date of this letter.
(6) Except as otherwise provided in this chapter, no lien may be filed by the association against a condominium unit until 45 30 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, and by first-class United States mail to the owner at his or her last address as reflected in the association's records and, if such address is not the unit address, by first-class United States mail to the unit address of the association, if the address is within the United States, Page 1415 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 (6) Except as otherwise provided in this chapter, no lien may be filed by the association against a condominium unit until 45 30 days after the date on which a notice of intent to file a lien has been delivered to the owner by registered or certified mail, return receipt requested, and by first-class United States mail to the owner at his or her last address as reflected in the association's records and, if such address is not the unit address, by first-class United States mail to the unit address of the association, if the address is within the United States, and delivered to the owner at the address of the unit if the owner's address as reflected in the records of the association is not the unit address.
The following amounts are currently due on your account to ...(name of association)..., and must be Pagepaid 15within 45 30 days after your receipt of 38this CODING:letter.
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 paid within 45 30 days after your receipt of this letter.
InterestPage through16 ...(dates)...*of $.....39 CODING:
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 Interest through ...(dates)...* $.....
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hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 1.
A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known,Page telephone17 numbers.of 39 CODING:
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 known, telephone numbers.
Bills of sale or transfer for all property owned by the Pageassociation. 17 of 38 CODING:
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 association.
A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the namePage of18 the unit owner, the due date and amount of each39 assessment,CODING: the amount paid upon the account, and the balance due.
Words stricken are deletions;
words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 name of the unit owner, the due date and amount of each assessment, the amount paid upon the account, and the balance due.
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hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 13.
The right to inspect the records includes the right to make or obtain copies,Page at19 the reasonable expense, if any, of the39 associationCODING: member.
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 copies, at the reasonable expense, if any, of the association member.
Any person who knowingly or Pageintentionally 19defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of 38causing CODING:harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.
719.501(1)(d).
The association shall maintain an adequate number of copies of the declaration, Page 20 of 39 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 intentionallyarticles defacesof orincorporation, destroysbylaws, accountingand recordsrules, thatand areall requiredamendments by this chapter to beeach maintainedof during the periodforegoing, foras whichwell suchas records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intentquestion ofand causinganswer harmsheet toas thedescribed associationin or one or more of its members, is personally subject to a civil penalty pursuant to s.
719.501(1)(d).
The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.
Notwithstanding this paragraph, the following Pagerecords 20shall ofnot 38be CODING:accessible to unit owners:
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words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 records shall not be accessible to unit owners:
90.502 and any record protected by the work- product privilege, including any record prepared by an association attorney or prepared at the attorney's express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings,Page or21 which was prepared in anticipation of such39 litigationCODING: or proceedings until the conclusion of the litigation or proceedings.
Words stricken are deletions;
words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile Pagenumbers, 21emergency contact information, addresses of 38a CODING:unit owner other than as provided to fulfill the association's notice requirements, and other personal identifying information of any person, excluding the person's name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association's notice requirements.
Notwithstanding the restrictions in this subparagraph, an association may print and distribute to unit parcel owners a directory containing the Page 22 of 39 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 numbers,name, emergency contact information, addresses of a unit ownerparcel otheraddress, than as provided to fulfill the association's notice requirements, and otherall personaltelephone identifyingnumbers information of anyeach person, excluding the person's name, unit designation,parcel mailingowner. address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association's notice requirements.
Notwithstanding the restrictions in this subparagraph, an association may print and distribute to unit parcel owners a directory containing the name, unit parcel address, and all telephone numbers of each unit parcel owner.
Page8. 22 of 38 CODING:
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hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 8.
This rate mayPage not23 exceedof the39 rateCODING: allowed by law and, if a rate is not provided in the cooperative documents, accrues at 18 percent per annum.
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words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 may not exceed the rate allowed by law and, if a rate is not provided in the cooperative documents, accrues at 18 percent per annum.
Page(b)1. 23 of 38 CODING:
If an association sends an invoice for assessments or a unit's statement of the account described in s.
719.104(2)(a)9.b., the invoice for assessments or the unit's statement of account must be delivered to the unit owner by first-class United States mail or by electronic transmission to the unit owner's e-mail address maintained in the association's official records.
2.
Before changing the method of delivery for an invoice for assessments or the statement of the account, the association Page 24 of 39 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 (b)1.must deliver a written notice of such change to each unit owner.
The associationwritten notice must deliverbe adelivered unit'sto the unit owner at least 30 days before the association sends the invoice for assessments or statement of the account describedby inthe s.new delivery method.
719.104(2)(a)9.b.
to the unit owner by first-class United States mail or by electronic transmission to the unit owner's e-mail address maintained in the association's official records.
2.
Before changing the method of delivery for the statement of the account, the association must deliver a written notice of such change to each unit owner.
The written notice must be delivered to the unit owner at least 30 days before the association sends the statement of the account by the new delivery method.
Notice is deemed to have been givendelivered upon mailing as required by this subparagraph.
A unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of an invoice for assessments or the statement of the account before the association may change the method of delivering an invoice for assessments or the statement of the account.
(c) An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the owner which specifies Pagethe 24amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of 38attorney CODING:fees.
The notice of late assessment must be sent by first-class United States mail to the unit owner at his or her last address as reflected in the association's records and, if Page 25 of 39 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 thesuch amountaddress owedis thenot association and provides the unit owneraddress, anmust opportunityalso tobe paysent theby amountfirst-class owedUnited withoutStates themail assessmentto ofthe attorneyunit fees.address.
TheNotice noticeis ofdeemed late assessment must be sent by first-class United States mail to thehave unitbeen ownerdelivered atupon hismailing or her last address as reflectedrequired in the association's records and, if such address is not the unit address, must be sent by first-this classparagraph. United States mail to the unit address.
NoticeA isrebuttable deemedpresumption tothat havean beenassociation givenmailed upona mailingnotice asin requiredaccordance bywith this paragraph.paragraph is established if a board member, officer, or agent of the association, or a manager licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing.
Page 2526 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 Interest through ...(dates)...* $.....
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN Page 2627 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 RE:
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hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 2.
Upon payment in full, the person making the payment is entitled to a Page 2829 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 satisfaction of the lien.
After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the Page 2930 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 notice.
OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE Page 3031 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 PUBLIC RECORDS OF ....
Page 3132 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 (l) All affirmative acknowledgments made pursuant to s.
The association may not charge a fee to a member or his or her authorized Page 3233 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 representative for the use of a portable device.
Notwithstanding this paragraph, the following records are not accessible to members or parcel Page 3334 of 3839 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 owners:
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hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 5.
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hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 720.3085(3)(c)3.
TheIf an association mustsends deliveran ainvoice parcelfor owner'sassessments periodicor a parcel's statement of the account described in s.
720.303(4)(j)2.720.303(4)(j)2., the invoice for assessments or the parcel's statement of account must be delivered to the parcel owner by first-class United States mail or by electronic transmission to the parcel owner's e-mail address maintained in the association's official records.
to the parcel owner by first-class United States mail or by electronic transmission to the parcel owner's e-mail address maintained in the association's official records.
Before changing the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice such change to each parcel owner.
The written notice must be delivered to the parcel owner at least 30 days before the association sends an invoice for assessments or the statement of the account by the new delivery method.
The notice must be sent by first-class United States mail to the owner at his or her last address as reflected in the association'sPage records37 and,of if39 suchCODING: address is not the parcel address, must be sent by first-class United States mail to the parcel address.
Notice is deemed to have been given upon Page 36 of 38 CODING:
hb0615-00hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 615 2021 mailingassociation's asrecords requiredand, if such address is not the parcel address, must be sent by thisfirst-class subparagraph.United States mail to the parcel address.
Notice is deemed to have been delivered upon mailing as required by this subparagraph.
A parcel owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of an invoice for assessments or the statement of the account before the association may change the method of delivering an invoice for assessments or the statement of the account.
The notice of late assessment must be sent by first-class United States mail to the owner at his or her last address as reflected in the association's records and, if such address is not the parcel address, must also be sent by first-class United States mail to the parcel address.
Notice is deemed to have been givendelivered upon mailing as required by this paragraph.
A rebuttable presumption that an association mailed a notice in accordance with this paragraph is established if a board member, officer, or agent of the association, or a manager Page 38 of 39 CODING:
Words stricken are deletions;
words underlined are additions.
hb0615-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 615 2021 licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing.
PageThe 37following amounts are currently due on your account to ...(name of 38association)..., CODING:and must be paid within 30 days after the date of this letter.
Words stricken are deletions;
words underlined are additions.
hb0615-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 615 2021 The following amounts are currently due on your account to ...(name of association)..., and must be paid within 30 days after the date of this letter.
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hb0615-00hb0615-01-c1
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View plain text versions (2)
- H 615 c1 View text Current pdf
- Introduced H 615 Filed pdf
Action History
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Laid on Table; companion bill(s) passed, see CS/CS/SB 56 (Ch. 2021-91), CS/CS/SB 630 (Ch. 2021-99)
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Added to Second Reading Calendar
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Bill released to House Calendar
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Reported out of Commerce Committee
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Favorable by Commerce Committee
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Added to Commerce Committee agenda
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Now in Commerce Committee
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Reported out of Civil Justice & Property Rights Subcommittee
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Favorable by Civil Justice & Property Rights Subcommittee
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Added to Civil Justice & Property Rights Subcommittee agenda
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Now in Civil Justice & Property Rights Subcommittee
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Referred to Commerce Committee
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Referred to Civil Justice & Property Rights Subcommittee
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1st Reading (Committee Substitute 1)
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CS Filed
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Laid on Table under Rule 7.18(a)
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Reported out of Regulatory Reform Subcommittee
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Favorable with CS by Regulatory Reform Subcommittee
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Added to Regulatory Reform Subcommittee agenda
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1st Reading (Original Filed Version)
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Now in Regulatory Reform Subcommittee
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Referred to Commerce Committee
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Referred to Civil Justice & Property Rights Subcommittee
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Referred to Regulatory Reform Subcommittee
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Filed
Sponsors
- Rodriguez · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Rodriguez
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 8 | 0 | 0 | 1 |
| Unaffiliated | 10 | 0 | 0 | 3 |
| Democrat | 1 | 0 | 0 | 1 |
| Total | 19 | 0 | 0 | 5 |
| % of votes cast | 79% | 0% | 0% | 21% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| Beltran | — | Yea |
| Brown | — | Not Voting |
| Drake | — | Yea |
| Geller | — | Yea |
| Hage | — | Yea |
| Ingoglia | — | Yea |
| Latvala | — | Yea |
| Omphroy | — | Yea |
| Rommel | — | Not Voting |
| Silvers | — | Yea |
| Slosberg-King | — | Yea |
| Tomkow | — | Yea |
| Willhite | — | Not Voting |
| Daley, Dan | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Not Voting |
| Barnaby, Webster | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Fabricio, Tom | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 2 |
| Republican | 8 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 2 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| Aloupis | — | Yea |
| Diamond | — | Not Voting |
| Fernandez-Barquin | — | Yea |
| Hawkins | — | Not Voting |
| Slosberg-King | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Hinson, Yvonne Hayes | Democrat | Yea |
| Botana, Adam | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Garrison, Sam | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Salzman, Michelle | Republican | Yea |
| Truenow, Keith L. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 1 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Goff-Marcil | — | Yea |
| Grieco | — | Yea |
| Harding | — | Yea |
| Mariano | — | Yea |
| Rommel | — | Yea |
| Toledo | — | Yea |
| Daley, Dan | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Nixon, Angela "Angie" | Democrat | Yea |
| Giallombardo, Mike | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Robinson Jr., William Cloud "Will" | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 615 do?
- Community Association Assessment Notices; Revises provisions relating to condominium, cooperative, & homeowner's associations, including requiring affirmative acknowledgments for certain actions, specified notices to unit & parcel owners, delivery of certain invoices & account statements, & timeframes for foreclosure judgments and liens.
- Who sponsors HB 615?
- HB 615 is sponsored by Rodriguez.
- What is the current status of HB 615?
- This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 615?
- Track HB 615 free on One Click Politics — get push/email alerts when it moves.
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