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 Florida Omnibus Community Associations Bills Filed 

An omnibus community associations bill was filed on November 14, 2005. Among other provisions, House Bill 391:
  • clarifies that any Board meeting at which special assessments are considered to be specially noticed to all members

  • removes "items opened for discussion" and replaces it with "agenda items" to help clarify what subjects members have the right to speak on at membership meetings (also preventing issues from being addressed at meetings without fair notice of these issues being first given to all members)

  • clarifies what constitutes a "dispute" that must be mediated before suit

  • addresses constitutional concerns of access to the courts by creating an emergency right to access the courts, such as exists in the Condominium Act's alternate dispute resolution provisions

  • provides for the revival of certain declarations that have extinguished

  • addresses the revival of recorded HOA covenants that have lapsed under the Marketable Record Title Act

  • removes a requirement relating to development of an education program to increase awareness of the operation of homeowners' associations and the use of alternative dispute resolution techniques; etc.

A Senate companion bill, SB 546, has also been filed (on November 1, 2005).

The Florida Legislative Alliance, the state's Legislative Action Committee, is supporting this legislation. CAI members interested in the political insights into these bills can contact Travis W. Moore (mooret(at)tampabay.rr.com). Also, be sure to check the CAI Advocacy Center in early March, when the Florida 2006 session convenes, for further information about this and other industry-related bills of interest.

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