Big Changes In Condo Law For 2010

The Florida Legislature has made some big changes in the law affecting condominium, cooperatives and homeowners' associations. I can't get into all of it in this blog, but I do want to point out a few of the changes just in case you find yourself sitting on the Board of Directors of one of these organizations.

• Changes were made to give associations greater rights to amend their documents in regard to the rental restrictions which may be imposed on existing owners. Apparently from this point forward, the only amendments involving rental which cannot be applied to existing owners are those which prohibit owners from renting their units, alter the duration of the rental term, or specify or limit the number of times owners can rent their unit during a specified period.
• A revised section of the law now states that if a Board member's term expires and there are fewer candidates for the Board than there are vacancies, the Board member would be "eligible" for re-appointment to the Board. The old law made the Board member's re-appointment "automatic".
• A member of the Board who is more than 90 days delinquent regarding any monetary obligation due to the association shall be deemed to have abandoned his Board membership.
• If a unit is occupied by a tenant, and the unit owner is delinquent in paying the association fees etc., the association may demand that the tenant pay rent directly to the association until the back payments are brought up to date. This can now be accomplished simply by a written notice to the tenant. If the tenant fails to pay rent to the association, the association can now evict the tenant.
• If an owner is more than 90 days delinquent in funds owed to the association, the association can suspend his use rights for common elements and amenities until the fees are brought up to date. Further, if the owner is more than 90 days delinquent, his voting rights can now be suspended until the debt is paid.

There are several pages more of changes to the law for 2010, and I just don't have space in this blog to summarize all of them. If anybody needs to review them -- and if you are on a condo Board I suggest you do read them -- please e-mail me and I'll see to it that you get a summary sheet.

Oh, by the way, before you act on any of these legal changes, be sure you check with your attorney or with your association's legal consultant. I'm not an attorney and do not give out legal advise.

-30-