720.301 Homeowners’
associations; definitions
720.302 Homeowners’ associations; purposes, scope, and application.--
720.304 Homeowners’
associations; right of owners to peaceably assemble; display of flag.--
720.306 Associations;
meetings of members; voting and election procedures; amendments.--
720.307 Transition of homeowners' association control in a community.--With respect to homeowners'
720.3075 Prohibited
clauses in homeowners' association documents.--
720.31 Recreational
leaseholds; right to acquire; escalation clauses.--
720.301 Definitions.--As
used in ss. 720.301-720.312, the term:
(1)
"Assessment" or "amenity fee" means a sum or sums of money
payable to the association, to the developer or other owner of common areas, or
to recreational facilities and other properties serving the parcels by the
owners of one or more parcels as authorized in the governing documents, which
if not paid by the owner of a parcel, can result in a lien against the
parcel.
(2) "Common
area" means all real property within a community which is owned or leased
by an association or dedicated for use or maintenance by the association or its
members, including, regardless of whether title has been conveyed to the
association:
(a) Real property
the use of which is dedicated to the association or its members by a recorded
plat; or
(b) Real property
committed by a declaration of covenants to be leased or conveyed to the
association.
(3)
"Community" means the real property that is or will be subject to a
declaration of covenants which is recorded in the county where the property is
located. The term "community" includes all real property, including
undeveloped phases, that is or was the subject of a
development-of-regional-impact development order, together with any approved
modification thereto.
(4)
"Declaration of covenants," or "declaration," means a
recorded written instrument in the nature of covenants running with the land
which subjects the land comprising the community to the jurisdiction and
control of an association or associations in which the owners of the parcels,
or their association representatives, must be members.
(5)
"Developer" means a person or entity that:
(a) Creates the
community served by the association; or
(b) Succeeds to the
rights and liabilities of the person or entity that created the community
served by the association, provided that such is evidenced in writing.
(6) "Governing
documents" means:
(a) The recorded
declaration of covenants for a community, and all duly adopted and recorded
amendments, supplements, and recorded exhibits thereto; and
(b) The articles of
incorporation and bylaws of the homeowners' association, and any duly adopted
amendments thereto.
(7)
"Homeowners' association" or "association" means a Florida
corporation responsible for the operation of a community or a mobile home
subdivision in which the voting membership is made up of parcel owners or their
agents, or a combination thereof, and in which membership is a mandatory
condition of parcel ownership, and which is authorized to impose assessments
that, if unpaid, may become a lien on the parcel. The term "homeowners'
association" does not include a community development district or other
similar special taxing district created pursuant to statute.
(8)
"Member" means a member of an association, and may include, but is
not limited to, a parcel owner or an association representing parcel owners or
a combination thereof.
(9)
"Parcel" means a platted or unplatted lot,
tract, unit, or other subdivision of real property within a community, as described
in the declaration:
(a) Which is
capable of separate conveyance; and
(b) Of which the
parcel owner, or an association in which the parcel owner must be a member, is
obligated:
1. By the governing
documents to be a member of an association that serves the community; and
2. To pay to the
homeowners' association assessments that, if not paid, may result in a
lien.
(10) "Parcel
owner" means the record owner of legal title to a parcel.
(11) "Voting
interest" means the voting rights distributed to the members of the
homeowners' association, pursuant to the governing documents.
History.--s. 33, ch. 92-49; s. 52, ch. 95-274; s.
4, ch. 99-382; s. 44, ch.
2000-258.
Note.--Former
s. 617.301.
720.302 Homeowners' associations; purposes, scope, and
application.--
(1) The purposes of
ss. 720.301-720.312 are to give statutory recognition
to corporations that operate residential communities in this state, to provide
procedures for operating homeowners' associations, and to protect the rights of
association members without unduly impairing the ability of such associations
to perform their functions.
(2) The Legislature
recognizes that it is not in the best interest of homeowners' associations or
the individual association members thereof to create or impose a bureau or
other agency of state government to regulate the affairs of homeowners'
associations. Further, the Legislature recognizes that certain contract rights
have been created for the benefit of homeowners' associations and members
thereof before the effective date of this act and that ss.
720.301-720.312 are not intended to impair such contract rights, including, but
not limited to, the rights of the developer to complete the community as
initially contemplated.
(3) Sections
720.301-720.312 do not apply to:
(a) A community
that is composed of property primarily intended for commercial, industrial, or
other nonresidential use; or
(b) The commercial
or industrial parcels in a community that contains both residential parcels and
parcels intended for commercial or industrial use.
(4) Sections
720.301-720.312 do not apply to any association that is subject to regulation
under chapter 718, chapter 719, or chapter 721; or to any nonmandatory
association formed under chapter 723.
History.--s. 34, ch. 92-49; s. 53, ch. 95-274; s.
45, ch. 2000-258.
Note.--Former
s. 617.302.
720.303 Association
powers and duties; meetings of
board; official records; budgets; financial reporting.--
(1) POWERS AND
DUTIES.--An association which operates a community as defined in s. 720.301,
must be operated by an association that is a
(2) BOARD
MEETINGS.--A meeting of the board of directors of an association occurs
whenever a quorum of the board gathers to conduct association business. All
meetings of the board must be open to all members except for meetings between
the board and its attorney with respect to proposed or pending litigation where
the contents of the discussion would otherwise be governed by the
attorney-client privilege. Notices of all board meetings must be posted in a
conspicuous place in the community at least 48 hours in advance of a meeting,
except in an emergency. In the alternative, if notice is not posted in a
conspicuous place in the community, notice of each board meeting must be mailed
or delivered to each member at least 7 days before the meeting, except in an
emergency. Notwithstanding this general notice requirement, for communities
with more than 100 members, the bylaws may provide for a reasonable alternative
to posting or mailing of notice for each board meeting, including publication
of notice, provision of a schedule of board meetings, or the conspicuous
posting and repeated broadcasting of the notice on a closed-circuit cable
television system serving the homeowners' association. However, if broadcast
notice is used in lieu of a notice posted physically in the community, the
notice must be broadcast at least four times every broadcast hour of each day
that a posted notice is otherwise required. When
broadcast notice is provided, the notice and agenda must be broadcast in a
manner and for a sufficient continuous length of time so as to allow an average
reader to observe the notice and read and comprehend the entire content of the
notice and the agenda. The bylaws or amended bylaws may provide for giving
notice by electronic transmission in a manner authorized by law for meetings of
the board of directors, committee meetings requiring notice under this section,
and annual and special meetings of the members; however, a member must consent
in writing to receiving notice by electronic transmission. An assessment may
not be levied at a board meeting unless the notice of the meeting includes a
statement that assessments will be considered and the nature of the
assessments. Directors may not vote by proxy or by secret ballot at board
meetings, except that secret ballots may be used in the election of officers.
This subsection also applies to the meetings of any committee or other similar
body, when a final decision will be made regarding the expenditure of association
funds, and to any body vested with the power to approve or disapprove
architectural decisions with respect to a specific parcel of residential
property owned by a member of the community.
(3)
MINUTES.--Minutes of all meetings of the members of an association and of the
board of directors of an association must be maintained in written form or in
another form that can be converted into written form within a reasonable time.
A vote or abstention from voting on each matter voted upon for each director
present at a board meeting must be recorded in the minutes.
(4) OFFICIAL
RECORDS.--The association shall maintain each of the following items, when
applicable, which constitute the official records of the association:
(a) Copies of any
plans, specifications, permits, and warranties related to improvements
constructed on the common areas or other property that the association is
obligated to maintain, repair, or replace.
(b) A copy of the bylaws
of the association and of each amendment to the bylaws.
(c)
A copy of the articles of incorporation of the association and of each
amendment thereto.
(d) A copy of the
declaration of covenants and a copy of each amendment thereto.
(e) A copy of the
current rules of the homeowners' association.
(f) The minutes of
all meetings of the board of directors and of the members, which minutes must
be retained for at least 7 years.
(g) A current
roster of all members and their mailing addresses and parcel
identifications.
(h) All of the
association's insurance policies or a copy thereof, which policies must be
retained for at least 7 years.
(i)
A current copy of all contracts to which the association is a party, including,
without limitation, any management agreement, lease, or other contract under
which the association has any obligation or responsibility. Bids received by
the association for work to be performed must also be considered official
records and must be kept for a period of 1 year.
(j) The financial
and accounting records of the association, kept according to good accounting
practices. All financial and accounting records must be maintained for a period
of at least 7 years. The financial and accounting records must include:
1. Accurate,
itemized, and detailed records of all receipts and expenditures.
2. A current
account and a periodic statement of the account for each member, designating
the name and current address of each member who is obligated to pay
assessments, the due date and amount of each assessment or other charge against
the member, the date and amount of each payment on the account, and the balance
due.
3. All tax returns,
financial statements, and financial reports of the association.
4. Any other records
that identify, measure, record, or communicate financial information.
(5) INSPECTION AND
COPYING OF RECORDS.--The official records shall be maintained within the state
and must be open to inspection and available for photocopying by members or
their authorized agents at reasonable times and places within 10 business days
after receipt of a written request for access. This subsection may be complied
with by having a copy of the official records available for inspection or
copying in the community.
(a) The failure of
an association to provide access to the records within 10 business days after
receipt of a written request creates a rebuttable
presumption that the association willfully failed to comply with this
subsection.
(b) A member who is
denied access to official records is entitled to the actual damages or minimum
damages for the association's willful failure to comply with this subsection.
The minimum damages are to be $50 per calendar day up to 10 days, the
calculation to begin on the 11th business day after receipt of the written
request.
(c) The association
may adopt reasonable written rules governing the frequency, time, location,
notice, and manner of inspections, and may impose fees to cover the costs of
providing copies of the official records, including, without limitation, the
costs of copying. The association shall maintain an adequate number of copies
of the recorded governing documents, to ensure their availability to members
and prospective members, and may charge only its actual costs for reproducing
and furnishing these documents to those persons who are entitled to receive
them.
(6) BUDGETS.--The
association shall prepare an annual budget. The budget must reflect the
estimated revenues and expenses for that year and the estimated surplus or
deficit as of the end of the current year. The budget must set out separately
all fees or charges for recreational amenities, whether owned by the
association, the developer, or another person. The association shall provide
each member with a copy of the annual budget or a written notice that a copy of
the budget is available upon request at no charge to the member. The copy must
be provided to the member within the time limits set forth in subsection
(5).
(7) FINANCIAL
REPORTING.--The association shall prepare an annual financial report within 60
days after the close of the fiscal year. The association shall, within the time
limits set forth in subsection (5), provide each member with a copy of the
annual financial report or a written notice that a copy of the financial report
is available upon request at no charge to the member. The financial report must
consist of either:
(a) Financial
statements presented in conformity with generally accepted accounting
principles; or
(b) A financial
report of actual receipts and expenditures, cash basis, which report must
show:
1. The amount of
receipts and expenditures by classification; and
2. The beginning
and ending cash balances of the association.
(8) ASSOCIATION
FUNDS; COMMINGLING.--
(a) All association
funds held by a developer shall be maintained separately in the association's
name. Reserve and operating funds of the association shall not be commingled
prior to turnover except the association may jointly invest reserve funds;
however, such jointly invested funds must be accounted for separately.
(b) No developer in
control of a homeowners' association shall commingle any association funds with
his or her funds or with the funds of any other homeowners' association or community
association.
(9)
APPLICABILITY.--Sections 617.1601-617.1604 do not apply to a homeowners'
association in which the members have the inspection and copying rights set
forth in this section.
History.--s. 35, ch. 92-49; s. 54, ch. 95-274; s.
1, ch. 97-311; s. 1, ch.
98-261; s. 46, ch. 2000-258.
720.304 Homeowners'
associations; right of owners to
peaceably assemble; display of flag.--
(1) All common
areas and recreational facilities serving any homeowners' association shall be available
to parcel owners in the homeowners' association served thereby and their
invited guests for the use intended for such common areas and recreational
facilities. The entity or entities responsible for the operation of the common
areas and recreational facilities may adopt reasonable rules and regulations
pertaining to the use of such common areas and recreational facilities. No
entity or entities shall unreasonably restrict any parcel owner's right to
peaceably assemble or right to invite public officers or candidates for public
office to appear and speak in common areas and recreational facilities.
(2) Any homeowner
may display one portable, removable
(3) Any owner
prevented from exercising rights guaranteed by subsection (1) or subsection (2)
may bring an action in the appropriate court of the county in which the alleged
infringement occurred, and, upon favorable adjudication, the court shall enjoin
the enforcement of any provision contained in any homeowners' association
document or rule that operates to deprive the owner of such rights.
History.--s. 36, ch. 92-49; s. 51, ch. 2000-258;
s. 1, ch. 2002-50.
1Note.--Section 3, ch. 2002-50, provides that "[t]his act applies
retroactively regardless of any declaration rules or requirements of a
homeowners' association dealing with flags or decorations."
Note.--Former
s. 617.304.
720.305 Obligations of members; remedies at law or in equity; levy of fines and
suspension of use rights; failure to fill sufficient number of vacancies on
board of directors to constitute a quorum; appointment of receiver upon
petition of any member.--
(1) Each member and
the member's tenants, guests, and invitees, and each association, are governed
by, and must comply with, this chapter, the governing documents of the
community, and the rules of the association. Actions at law or in equity, or
both, to redress alleged failure or refusal to comply with these provisions may
be brought by the association or by any member against:
(a) The
association;
(b) A member;
(c) Any director or
officer of an association who willfully and knowingly fails to comply with
these provisions; and
(d) Any tenants,
guests, or invitees occupying a parcel or using the common areas.
The prevailing party in
any such litigation is entitled to recover reasonable attorney's fees and
costs. This section does not deprive any person of any other available right or
remedy.
(2) If the
governing documents so provide, an association may suspend, for a reasonable
period of time, the rights of a member or a member's tenants, guests, or
invitees, or both, to use common areas and facilities and may levy reasonable
fines, not to exceed $100 per violation, against any member or any tenant,
guest, or invitee. A fine may be levied on the basis of each day of a
continuing violation, with a single notice and opportunity for hearing, except
that no such fine shall exceed $1,000 in the aggregate unless otherwise
provided in the governing documents.
(a) A fine or
suspension may not be imposed without notice of at least 14 days to the person
sought to be fined or suspended and an opportunity for a hearing before a committee
of at least three members appointed by the board who are not officers,
directors, or employees of the association, or the spouse, parent, child,
brother, or sister of an officer, director, or employee. If the committee, by
majority vote, does not approve a proposed fine or suspension, it may not be
imposed.
(b) The
requirements of this subsection do not apply to the imposition of suspensions
or fines upon any member because of the failure of the member to pay
assessments or other charges when due if such action is authorized by the
governing documents.
(c) Suspension of
common-area-use rights shall not impair the right of an owner or tenant of a
parcel to have vehicular and pedestrian ingress to and egress from the parcel,
including, but not limited to, the right to park.
(3) If the
governing documents so provide, an association may suspend the voting rights of
a member for the nonpayment of regular annual assessments that are delinquent
in excess of 90 days.
(4) If an
association fails to fill vacancies on the board of directors sufficient to
constitute a quorum in accordance with the bylaws, any member may apply to the
circuit court that has jurisdiction over the community served by the
association for the appointment of a receiver to manage the affairs of the
association. At least 30 days before applying to the circuit court, the member
shall mail to the association, by certified or registered mail, and post, in a
conspicuous place on the property of the community served by the association, a
notice describing the intended action, giving the association 30 days to fill
the vacancies. If during such time the association fails to fill a sufficient
number of vacancies so that a quorum can be assembled, the member may proceed
with the petition. If a receiver is appointed, the homeowners' association
shall be responsible for the salary of the receiver, court costs, attorney's
fees, and all other expenses of the receivership. The receiver has all the
powers and duties of a duly constituted board of directors and shall serve
until the association fills a sufficient number of vacancies on the board so
that a quorum can be assembled.
History.--s. 37, ch. 92-49; s. 55, ch. 95-274; s.
2, ch. 97-311; s. 51, ch.
2000-258.
Note.--Former
s. 617.305.
720.306 Meetings of
members; voting and election procedures; amendments.--
(1) QUORUM;
AMENDMENTS.--
(a) Unless a lower
number is provided in the bylaws, the percentage of voting interests required
to constitute a quorum at a meeting of the members shall be 30 percent of the
total voting interests. Unless otherwise provided in this chapter or in the
articles of incorporation or bylaws, decisions that require a vote of the
members must be made by the concurrence of at least a majority of the voting interests
present, in person or by proxy, at a meeting at which a quorum has been
attained.
(b) Unless
otherwise provided in the governing documents or required by law, and other
than those matters set forth in paragraph (c), any governing document of an association
may be amended by the affirmative vote of two-thirds of the voting interests of
the association.
(c) Unless
otherwise provided in the governing documents as originally recorded, an amendment
may not affect vested rights unless the record owner of the affected parcel and
all record owners of liens on the affected parcels join in the execution of the
amendment.
(2) ANNUAL
MEETING.--The association shall hold a meeting of its members annually for the
transaction of any and all proper business at a time, date, and place stated
in, or fixed in accordance with, the bylaws. The election of directors, if one
is required to be held, must be held at, or in conjunction with, the annual
meeting or as provided in the governing documents.
(3) SPECIAL
MEETINGS.--Special meetings must be held when called by the board of directors
or, unless a different percentage is stated in the governing documents, by at
least 10 percent of the total voting interests of the association. Business
conducted at a special meeting is limited to the purposes described in the
notice of the meeting.
(4) CONTENT OF
NOTICE.--Unless law or the governing documents require otherwise, notice of an
annual meeting need not include a description of the purpose or purposes for
which the meeting is called. Notice of a special meeting must include a
description of the purpose or purposes for which the meeting is called.
(5)
ADJOURNMENT.--Unless the bylaws require otherwise, adjournment of an annual or
special meeting to a different date, time, or place must be announced at that
meeting before an adjournment is taken, or notice must be given of the new
date, time, or place pursuant to s. 720.303(2). Any business that might have
been transacted on the original date of the meeting may be transacted at the
adjourned meeting. If a new record date for the adjourned meeting is or must be
fixed under 1s. 617.0707, notice of the adjourned meeting must be given to
persons who are entitled to vote and are members as of the new record date but
were not members as of the previous record date.
(6) PROXY
VOTING.--The members have the right, unless otherwise provided in this
subsection or in the governing documents, to vote in person or by proxy. To be
valid, a proxy must be dated, must state the date, time, and place of the
meeting for which it was given, and must be signed by the authorized person who
executed the proxy. A proxy is effective only for the specific meeting for
which it was originally given, as the meeting may lawfully be adjourned and
reconvened from time to time, and automatically expires 90 days after the date
of the meeting for which it was originally given. A proxy is revocable at any
time at the pleasure of the person who executes it. If the proxy
form expressly so provides, any proxy holder may appoint, in writing, a
substitute to act in his or her place.
(7)
ELECTIONS.--Elections of directors must be conducted in accordance with the
procedures set forth in the governing documents of the association. All members
of the association shall be eligible to serve on the board of directors, and a
member may nominate himself or herself as a candidate for the board at a
meeting where the election is to be held. Except as otherwise
provided in the governing documents, boards of directors must be elected by a
plurality of the votes cast by eligible voters.
(8) RECORDING.--Any
parcel owner may tape record or videotape meetings of the board of directors
and meetings of the members. The board of directors of the association may
adopt reasonable rules governing the taping of meetings of the board and the
membership.
History.--s. 38, ch. 92-49; s. 56, ch. 95-274; s.
4, ch. 96-343; s. 1718, ch.
97-102; s. 47, ch. 2000-258.
1Note.--Section 617.0707
does not exist.
720.307 Transition of
association control in a community.--With respect to homeowners'
associations:
(1) Members other
than the developer are entitled to elect at least a majority of the members of
the board of directors of the homeowners' association when the earlier of the
following events occurs:
(a) Three months
after 90 percent of the parcels in all phases of the community that will
ultimately be operated by the homeowners' association have been conveyed to members;
or
(b) Such other
percentage of the parcels has been conveyed to members, or such other date or
event has occurred, as is set forth in the governing documents in order to
comply with the requirements of any governmentally chartered entity with regard
to the mortgage financing of parcels.
For purposes of this
section, the term "members other than the developer" shall not
include builders, contractors, or others who purchase a parcel for the purpose
of constructing improvements thereon for resale.
(2) The developer
is entitled to elect at least one member of the board of directors of the
homeowners' association as long as the developer holds for sale in the ordinary
course of business at least 5 percent of the parcels in all phases of the community.
After the developer relinquishes control of the homeowners' association, the
developer may exercise the right to vote any developer-owned voting interests
in the same manner as any other member, except for purposes of reacquiring
control of the homeowners' association or selecting the majority of the members
of the board of directors.
(3) At the time the
members are entitled to elect at least a majority of the board of directors of
the homeowners' association, the developer shall, at the developer's expense,
within no more than 90 days deliver the following documents to the board:
(a) All deeds to
common property owned by the association.
(b) The original of
the association's declarations of covenants and restrictions.
(c) A certified
copy of the articles of incorporation of the association.
(d) A copy of the
bylaws.
(e) The minute
books, including all minutes.
(f) The books and
records of the association.
(g) Policies,
rules, and regulations, if any, which have been adopted.
(h) Resignations of
directors who are required to resign because the developer is required to
relinquish control of the association.
(i)
The financial records of the association from the date of incorporation through
the date of turnover.
(j) All association
funds and control thereof.
(k) All tangible
property of the association.
(l) A copy of all
contracts which may be in force with the association as one of the
parties.
(m) A list of the names
and addresses and telephone numbers of all contractors, subcontractors, or
others in the current employ of the association.
(n) Any and all
insurance policies in effect.
(o) Any permits
issued to the association by governmental entities.
(p) Any and all
warranties in effect.
(q) A roster of
current homeowners and their addresses and telephone numbers and section and
lot numbers.
(r) Employment and
service contracts in effect.
(s) All other
contracts in effect to which the association is a party.
(4) This section
does not apply to a homeowners' association in existence on the effective date
of this act, or to a homeowners' association, no matter when created, if such
association is created in a community that is included in an effective
development-of-regional-impact development order as of the effective date of
this act, together with any approved modifications thereof.
History.--s. 57, ch. 95-274; s. 2, ch. 98-261; s.
48, ch. 2000-258.
Note.--Former
s. 617.307.
720.3075 Prohibited
clauses in homeowners' association documents.--
(1) It is declared
that the public policy of this state prohibits the inclusion or enforcement of
certain types of clauses in homeowners' association documents, including
declaration of covenants, articles of incorporation, bylaws, or any other
document of the association which binds members of the association, which
either have the effect of or provide that:
(a) A developer has
the unilateral ability and right to make changes to the homeowners' association
documents after the transition of homeowners' association control in a
community from the developer to the nondeveloper
members, as set forth in s. 720.307, has occurred.
(b) A homeowners'
association is prohibited or restricted from filing a lawsuit against the
developer, or the homeowners' association is otherwise effectively prohibited
or restricted from bringing a lawsuit against the developer.
(c) After the
transition of homeowners' association control in a community from the developer
to the nondeveloper members, as set forth in s.
720.307, has occurred, a developer is entitled to cast
votes in an amount that exceeds one vote per residential lot.
Such clauses are declared
null and void as against the public policy of this state.
(2) The public
policy described in subsection (1) prohibits the inclusion or enforcement of
such clauses created on or after the effective date of s. 3, chapter 98-261,
Laws of Florida.
1(3)
Homeowners' association documents, including declarations of covenants,
articles of incorporation, or bylaws, may not preclude the display of one
portable, removable
(4) Homeowners'
association documents, including declarations of covenants, articles of
incorporation, or bylaws, entered after
History.--s. 3, ch. 98-261; s. 49, ch. 2000-258;
s. 47, ch. 2000-302; s. 8, ch.
2001-252; s. 2, ch. 2002-50.
1Note.--Section 3, ch. 2002-50, provides that "[t]his act applies
retroactively regardless of any declaration rules or requirements of a
homeowners' association dealing with flags or decorations."
Note.--Former
s. 617.3075.
720.308 Assessments
and charges.--
For any community created
after
History.--s. 58, ch. 95-274; s. 51, ch.
2000-258.
Note.--Former
s. 617.308.
720.309 Agreements
entered into by the association
Any grant or reservation made
by any document, and any contract with a term in excess of 10 years made by an
association before control of the association is turned over to the members
other than the developer, which provide for operation, maintenance, or
management of the association or common areas must be fair and
reasonable.
History.--s. 59, ch. 95-274; s. 51, ch.
2000-258.
Note.--Former
s. 617.309.
720.31 Recreational
leaseholds; right to acquire; escalation clauses
(1) Any lease of
recreational or other commonly used facilities serving a community, which lease
is entered into by the association or its members before control of the
homeowners' association is turned over to the members other than the developer,
must provide as follows:
(a) That the
facilities may not be offered for sale unless the homeowners' association has
the option to purchase the facilities, provided the homeowners' association
meets the price and terms and conditions of the facility owner by executing a
contract with the facility owner within 90 days, unless agreed to otherwise,
from the date of mailing of the notice by the facility owner to the homeowners'
association. If the facility owner offers the facilities for sale, he or she
shall notify the homeowners' association in writing stating the price and the
terms and conditions of sale.
(b) If a contract
between the facility owner and the association is not executed within such
90-day period, unless extended by mutual agreement, then, unless the facility
owner thereafter elects to offer the facilities at a price lower than the price
specified in his or her notice to the homeowners' association, he or she has no
further obligations under this subsection, and his or her only obligation shall
be as set forth in subsection (2).
(c) If the facility
owner thereafter elects to offer the facilities at a price lower than the price
specified in his or her notice to the homeowners' association, the homeowners'
association will have an additional 10 days to meet the price and terms and
condition of the facility owner by executing a contract.
(2) If a facility
owner receives a bona fide offer to purchase the facilities that he or she
intends to consider or make a counteroffer to, his or her only obligations
shall be to notify the homeowners' association that he or she has received an
offer, to disclose the price and material terms and conditions upon which he or
she would consider selling the facilities, and to consider any offer made by
the homeowners' association. The facility owner shall be under no obligation to
sell to the homeowners' association or to interrupt or delay other
negotiations, and he or she shall be free at any time to execute a contract for
the sale of the facilities to a party or parties other than the homeowners'
association.
(3)(a) As used in
subsections (1) and (2), the term "notify" means the placing of a
notice in the
(b) As used in
subsection (1), the term "offer" means any solicitation by the
facility owner directed to the general public.
(4) This section
does not apply to:
(a) Any sale or
transfer to a person who would be included within the table of descent and
distribution if the facility owner were to die intestate.
(b) Any transfer by
gift, devise, or operation of law.
(c) Any transfer by
a corporation to an affiliate. As used herein, the term "affiliate"
means any shareholder of the transferring corporation; any corporation or
entity owned or controlled, directly or indirectly, by the transferring
corporation; or any other corporation or entity owned or controlled, directly
or indirectly, by any shareholder of the transferring corporation.
(d) Any transfer to
a governmental or quasi-governmental entity.
(e) Any conveyance
of an interest in the facilities incidental to the financing of such
facilities.
(f) Any conveyance
resulting from the foreclosure of a mortgage, deed of trust, or other
instrument encumbering the facilities or any deed given in lieu of such
foreclosure.
(g) Any sale or
transfer between or among joint tenants in common owning the facilities.
(h) The purchase of
the facilities by a governmental entity under its powers of eminent
domain.
(5)(a) The
Legislature declares that the public policy of this state prohibits the
inclusion or enforcement of escalation clauses in land leases or other leases
for recreational facilities, land, or other commonly used facilities that serve
residential communities, and such clauses are hereby declared void. For
purposes of this section, an escalation clause is any clause in a lease which
provides that the rental rate under the lease or agreement is to increase at
the same percentage rate as any nationally recognized and conveniently
available commodity or consumer price index.
(b) This public
policy prohibits the inclusion of such escalation clauses in leases entered
into after the effective date of this amendment.
(c) This section is
inapplicable:
1. If the lessor is
the Federal Government, this state, any political subdivision of this state, or
any agency of a political subdivision of this state; or
2. To a homeowners'
association that is in existence on the effective date of this act, or to an
association, no matter when created, if the association is created in a
community that is included in an effective development-of-regional-impact
development order as of the effective date of this act, together with any
approved modifications thereto.
History.--s. 60, ch. 95-274; s. 107, ch. 97-102;
s. 51, ch. 2000-258.
Note.--Former
s. 617.31.
The Legislature finds that
alternative dispute resolution has made progress in reducing court dockets and
trials and in offering a more efficient, cost-effective option to litigation.
At any time after the filing in a court of competent jurisdiction of a
complaint relating to a dispute under ss.
720.301-720.312, the court may order that the parties enter mediation or
arbitration procedures.
History.--s. 61, ch. 95-274; s. 50, ch.
2000-258.
Note.--Former
s. 617.311.
720.312 Declaration of
covenants; survival after tax deed or foreclosure
All provisions of a
declaration of covenants relating to a parcel that has been sold for taxes or
special assessments survive and are enforceable after the issuance of a tax
deed or master's deed, or upon the foreclosure of an assessment, a certificate
or lien, a tax deed, tax certificate, or tax lien, to the same extent that they
would be enforceable against a voluntary grantee of title to the parcel
immediately before the delivery of the tax deed or master's deed or immediately
before the foreclosure