HOUSE BILL 913

This bill, filed by Representative Vicki Lopez is even bigger than I originally thought and is going to take up more than 3 blogs. It is packed with many potential changes to Florida Statute 718. It already has passed one House Committee and there may be no stopping it.

CONFLICTS OF INTEREST

It is a conflict of interest for any person who performs a structural integrity reserve study or a milestone inspection to provide or contract to provide services for the repair or replacement of the condominium property that was the subject of such structural integrity reserve study or milestone inspection, or to have a financial interest with the person or entity providing the repair or replacement services.

RECALLS

Rejection of a unit owner's recall agreement under this section applies when the recall agreement:

a. was improperly served;

b. was executed by a person who was not a unit's record owner or designated voter;

c. was previously marked for the removal of any board member;

d. does not contain any markings that indicate the selection by a unit owner to either remove or retain a board member; or

e. does not contain the signature of the unit owner.

3. there is a rebuttable presumption that a unit owner executing the recall agreement is the designated voter for the unit.

An association may not enforce a voting certificate requirement if the association has not enforced such requirement in all matters requiring the use of voting certificates in the year immediately preceding service of the recall agreement.

4. A rescission or revocation of a unit owner's recall agreement must be in writing and delivered to the association before the association is served with the written recall agreement. this subparagraph must be liberally construed to ensure a unit owner is not disenfranchised by an association in a recall and to prevent an association from failing to certify a recall agreement on a technical omission which is not a part in the discharge of the unit owner's voting rights.

Even if your right to vote was suspended --- you still have the right to vote in a recall.

HURRICANE PROTECTION

Unless otherwise provided in the declaration as originally recorded, or as amended, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance, repair, or replacement of other condominium property or association property for which the association is responsible.

The board shall determine if the removal or reinstallation of hurricane protection must be completed by the unit owner or the association if the declaration as originally recorded, or as amended, does not specify who is responsible for such costs. if such removal or reinstallation is completed by the association, the costs incurred by the association may not be charged to the unit owner. if such removal or reinstallation is completed by the unit owner, the association must reimburse the unit owner for the cost of the removal or reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner's cost to remove or reinstall the hurricane protection.