Florida 2021 Regular Session Status: In Committee

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)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

1074 line(s) added, 1038 removed.

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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 A bill to be entitled An act relating to community association assessment notices;
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 bill to be entitled An act relating to community association assessment notices;
requiring condominium associations to deliver certain statements of account to unit owners in a specified manner;
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 the statements of account;
requiring condominium associations to give notice to unit owners before changing the method of delivery for invoices 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 condominium units;
revising the timeframe for condominium associations to file liens against Page 1 of 39 CODING:
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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 condominium units;
requiring cooperative associations to Page 1 of 38 CODING:
requiring cooperative associations to maintain specified affirmative acknowledgments as 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 maintain specified affirmative acknowledgments as official records of the association;
requiring cooperative associations to deliver certain statements of account to unit owners in a specified manner;
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 the statements of account;
requiring cooperative associations to give notice to unit owners before changing the method of delivery for invoices 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 official records of the association;
requiring homeowners' associations to maintain specified affirmative acknowledgments as Page 2 of 39 CODING:
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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 official records of the association;
requiring homeowners' associations to deliver certain statements of account to parcel owners in a specified manner;
requiring homeowners' associations to deliver certain invoices for assessments or statements of account to parcel owners in a specified manner;
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requiring homeowners' associations to give notice to parcel owners before changing the method of delivery 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) 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:
718.111 The association.— (12) OFFICIAL RECORDS.— Page 3 of 39 CODING:
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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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3.
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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, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices.
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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 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 Page 4 of 38 CODING:
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 responsibility.
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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 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, the amount paid on the account, and the balance due.
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 Page 5 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 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, Page 5 of 38 CODING:
Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting to which the document relates, notwithstanding paragraph (b).
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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 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 operation of the association.
All other written records of the association not specifically included in the foregoing which are related to the Page 6 of 39 CODING:
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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 operation of the association.
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The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record 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 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 causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.
Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to Page 7 of 39 CODING:
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:
hb0615-00 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 and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.
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 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 causing harm 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, 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 described in s.
Any record protected by the lawyer-client privilege as Page 8 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:
hb0615-00 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 conclusion of the litigation or proceedings.
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 described in s.
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, 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.
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 Page 9 of 39 CODING:
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:
hb0615-00 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 directory by so requesting in writing to the association.
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 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 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, Florida Statutes, is amended to read:
Paragraph (b) of subsection (6) of section Page 10 of 39 CODING:
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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 Page 10 of 38 CODING:
The notice must be in substantially the following form:
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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 following form:
Any questions concerning this matter should be directed to ...(insert name, addresses, and telephone numbers of association representative)....
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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:
hb0615-00 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 are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney attorney's fees or costs.
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 Any questions concerning this matter should be directed to ...(insert name, addresses, and telephone numbers of association representative)....
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, is amended, and subsections (5) and (6) are added to that section, to read:
Subsection (4) of section 718.121, Florida Page 12 of 39 CODING:
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.
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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 (b) 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.
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 Statutes, is amended, and subsections (5) and (6) are added to that section, to read:
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.
718.121 Liens.— (4)(a) If an association sends an invoice for assessments or a unit's statement of the account described in s.
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 given upon mailing as required by this paragraph.
Notice is deemed to have been delivered 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 the statement of the account before the association may change the method of delivering the statement of the account.
(c) 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 unit's statement Page 13 of 39 CODING:
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:
hb0615-00 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 and, if such address is not the unit address, must be sent by first-class United States mail to the unit address.
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 of the account before the association may change the method of delivering an invoice for assessments or the statement of the account.
Notice is deemed to have been given upon mailing as required by this subsection.
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 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.
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.
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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 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.
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(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 15 of 39 CODING:
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 (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.
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 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 Page 15 of 38 CODING:
The following amounts are currently due on your account to ...(name of association)..., and must be paid within 45 30 days after your receipt of this letter.
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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 paid within 45 30 days after your receipt of this letter.
Interest through ...(dates)...* $.....
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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 Interest through ...(dates)...* $.....
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1.
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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, telephone numbers.
A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if Page 17 of 39 CODING:
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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 known, telephone numbers.
Bills of sale or transfer for all property owned by the Page 17 of 38 CODING:
Bills of sale or transfer for all property owned by the 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 association.
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, the amount paid upon the account, and the balance due.
A current account and a monthly, bimonthly, or quarterly statement of the account for each unit designating the Page 18 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 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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13.
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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, at the reasonable expense, if any, of the association member.
The right to inspect the records includes the right to make or obtain Page 19 of 39 CODING:
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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 copies, at the reasonable expense, if any, of the association member.
Any person who knowingly or Page 19 of 38 CODING:
Any person who knowingly or intentionally defaces 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 causing 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:
hb0615-00 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 intentionally defaces 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 causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.
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 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.
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 Page 20 of 38 CODING:
Notwithstanding this paragraph, the following records shall not be 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, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.
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 Page 21 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 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 Page 21 of 38 CODING:
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, 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:
hb0615-00 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 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, 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.
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, unit parcel address, and all telephone numbers of each unit parcel owner.
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.
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8.
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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 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.
This rate Page 23 of 39 CODING:
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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 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.
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(b)1.
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:
hb0615-00 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 (b)1.
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 must deliver a written notice of such change to each unit owner.
The association must deliver a unit's statement of the account described in s.
The written notice must be delivered to the unit owner at least 30 days before the association sends the invoice for assessments or statement of the account by the 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 given upon mailing as required by this subparagraph.
Notice is deemed to have been delivered 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 the statement of the account before the association may change the method of delivering the statement of the account.
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 Page 24 of 38 CODING:
(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 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 Page 25 of 39 CODING:
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 amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
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 such address is not the unit address, must also be sent by first-class United States mail to the unit address.
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 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 paragraph.
Notice is deemed to have been given 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 licensed under part VIII of chapter 468, provides a sworn affidavit attesting to such mailing.
Page 25 of 38 CODING:
Page 26 of 39 CODING:
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 Interest through ...(dates)...* $.....
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)...* $.....
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN Page 26 of 38 CODING:
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN Page 27 of 39 CODING:
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 RE:
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 RE:
Page 27 of 38 CODING:
Page 28 of 39 CODING:
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 2.
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 2.
Upon payment in full, the person making the payment is entitled to a Page 28 of 38 CODING:
Upon payment in full, the person making the payment is entitled to a Page 29 of 39 CODING:
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 satisfaction of the lien.
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 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 29 of 38 CODING:
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 30 of 39 CODING:
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 notice.
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 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 30 of 38 CODING:
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 31 of 39 CODING:
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 PUBLIC RECORDS OF ....
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 PUBLIC RECORDS OF ....
Page 31 of 38 CODING:
Page 32 of 39 CODING:
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 (l) All affirmative acknowledgments made pursuant to s.
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 (l) All affirmative acknowledgments made pursuant to s.
The association may not charge a fee to a member or his or her authorized Page 32 of 38 CODING:
The association may not charge a fee to a member or his or her authorized Page 33 of 39 CODING:
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 representative for the use of a portable device.
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 representative for the use of a portable device.
Notwithstanding this paragraph, the following records are not accessible to members or parcel Page 33 of 38 CODING:
Notwithstanding this paragraph, the following records are not accessible to members or parcel Page 34 of 39 CODING:
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 owners:
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 owners:
Page 34 of 38 CODING:
Page 35 of 39 CODING:
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 5.
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 5.
Page 35 of 38 CODING:
Page 36 of 39 CODING:
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 720.3085(3)(c)3.
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 720.3085(3)(c)3.
The association must deliver a parcel owner's periodic statement of the account described in s.
If an association sends an invoice for assessments or 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 the statement of the account, the association must deliver a written notice such change to each parcel owner.
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 the statement of the account by the new delivery method.
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's records and, if such address is not the parcel address, must be sent by first-class United States mail to the parcel address.
The notice must be sent by first-class United States mail to the owner at his or her last address as reflected in the Page 37 of 39 CODING:
Notice is deemed to have been given upon Page 36 of 38 CODING:
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 mailing as required by this subparagraph.
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 association's records and, if such 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 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 the statement of the account before the association may change the method of delivering the statement of the account.
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 be sent by first-class United States mail to the parcel address.
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 given upon mailing as required by this paragraph.
Notice is deemed to have been delivered 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.
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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.
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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hb0615-00
hb0615-01-c1
View plain text versions (2)

Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 56 (Ch. 2021-91), CS/CS/SB 630 (Ch. 2021-99)

  2. Added to Second Reading Calendar

  3. Bill released to House Calendar

  4. Reported out of Commerce Committee

  5. Favorable by Commerce Committee

  6. Added to Commerce Committee agenda

  7. Now in Commerce Committee

  8. Reported out of Civil Justice & Property Rights Subcommittee

  9. Favorable by Civil Justice & Property Rights Subcommittee

  10. Added to Civil Justice & Property Rights Subcommittee agenda

  11. Now in Civil Justice & Property Rights Subcommittee

  12. Referred to Commerce Committee

  13. Referred to Civil Justice & Property Rights Subcommittee

  14. 1st Reading (Committee Substitute 1)

  15. CS Filed

  16. Laid on Table under Rule 7.18(a)

  17. Reported out of Regulatory Reform Subcommittee

  18. Favorable with CS by Regulatory Reform Subcommittee

  19. Added to Regulatory Reform Subcommittee agenda

  20. 1st Reading (Original Filed Version)

  21. Now in Regulatory Reform Subcommittee

  22. Referred to Commerce Committee

  23. Referred to Civil Justice & Property Rights Subcommittee

  24. Referred to Regulatory Reform Subcommittee

  25. Filed

Sponsors

  • Rodriguez · Primary

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 19 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 8001
Unaffiliated 10003
Democrat 1001
Total 19005
% 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

Official roll call →

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Republican 8000
Democrat 4000
Total 16002
% 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

Official roll call →

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 4000
Republican 6001
Unaffiliated 6000
Total 16001
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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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