FL HOA Exemption Signed by Governor Scott

2013-06-20

Issue Brief

In 2010, the Florida Legislature passed a condominium bill that unintentionally left off a preexisting exemption for timeshare condominiums relating to certain board election procedures.For the prior two years, the industry has introduced fixes to the condo legislation but has been unsuccessful up until this point as no condo legislation has passed in Florida since 2010. During that period, timeshare condominiums have been forced to comply with costly voting and ballot procedures that were intended for whole ownership condominiums. In 2013, CS/CS/CS/HB 73 was introduced in the legislative package of the Real Property, Probate and Trust Section of Florida Bar to deal with the problem.  CS/CS/CS/HB 73 passed the Legislature in April and was signed by the Governor on June 14.

Impact

The bill provides for a specific exemption for timeshare condominiums relating to the board election process, specifically including voting and ballot requirements, which were intended to apply to whole ownership condominiums only. This change will help save timeshare condominium associations significant time and financial resources that were being spent complying with those election provisions.

Position/Call to Action

Both ARDA and ARDA-ROC supported CS/CS/CS/HB 73 and believe that correcting the problem that was created by the 2010 legislation will save associations time and money in administering the elections process.

Issue Updates

The billed passed the Legislature and has been signed into law by the governor.

Resolution

CS/CS/CSHB 73 took effect July 1, 2013.