Page 16 - Boca ViewPointe - May '24

Page 16, Viewpointe May 2024
Session Ends With Many Changes For All Associations

By Donna DiMaggio Timeshare Bill DBPR’s Division of Hotels & Restaurants to regulate
Berger, Attorney HB 429 expands certain regulations of timeshare vacation rental platforms. The good news is that the
properties and allows the managing entity of a timeshare to legislation specifically does not preempt or supersede
The 2024 Florida take action against occupants who violate the documents, community covenants.
Legislative Session ended are in possession of controlled substances, and/or engage SB 1049 creates a new disclosure requirement related
on March 8th, and it was in conduct that disturbs the peace or is threatening to the to flood damage prior to executing a contract for sale. The
one of the busiest sessions life and safety of others. disclosure must be in writing, and it must state whether the
in memory in terms of Mobile Home Bills property has suffered damage from temporary or permanent
producing new community HB 613 expands the alternative dispute resolution flooding from inland or tidal waters, excessive rainfall, or
association legislation. The process for disputes between mobile homeowners and rapid accumulation from any established source.
following are just a few park owners and provides access to the mobile home park As you can see from the foregoing lengthy list of bills,
of the bills which passed which will impact all sorts of and the mobile homes for live-in health care aides. it will be crucial for you to speak with your association
communities. Please remember that these bills do not HB 939 provides that a mobile home title must be attorney about the operational changes you need to
become law until they have been sent to the Governor retired when it is encumbered by a mortgage on the mobile implement to comply with these new laws. Among other
who then has fifteen (15) days to sign a bill, veto a bill, home and the real property upon which it is situated. items on your “to-do list”, you will also need to confirm
or allow a bill to pass into law without his signature. As Miscellaneous Bills that you have sufficient D & O coverage and fidelity
such, we may not know the final outcome for some bills SB 280 limits the ability of local government to bonding in place. Being a board member or licensed CAM
until May or June. regulate short-term vacation rentals but does permit has never been a stress-free endeavor, but today’s climate
Notably, SB 278, the Estoppel Certificate bill did not occupancy limitations. The legislation provides for the makes those roles even riskier. 
pass which is a win for both community associations and
their management teams.
Here are some of the bills you should be discussing
with your association counsel.
Condominium Bills:
HB 1021 by Representative Vicky Lopez is known
colloquially as the Condo 3.0 bill but it goes well
beyond the scope of its predecessors, SB4D and SB RAYMOND JAMES WELCOMES SOUTH FLORIDA
154, by, among other items, expanding the enforcement
jurisdiction of the Division of Condominiums; creating FINANCIAL ADVISOR MANAGING $105 MILLION
new standards for CAMS; imposing new funding and
notice requirements related to structural integrity reserve
studies (SIRS); imposing mandatory board member Raymond James recently welcomed financial advisor Thera Elliott to
educational requirements; imposing new penalties for Raymond James Financial Services (RJFS) – the firm’s independent advisor
voting fraud; and requiring associations who manage 25
or more units to maintain an association website where channel – according to Todd Gartrell, Southeast division director for RJFS.
specific association documents must be posted. It is Elliott arrives from Wells Fargo, where she previously managed
important to note that the 12/31/24 deadlines for older
threshold buildings (3 stories or higher) to conduct a approximately $105 million in client assets. Operating as Elliott Wealth
milestone inspection and a structural integrity reserve Strategies in Boca Raton, Florida, she is joined by office manager and
study (SIRS) were NOT extended. These are very tight
deadlines that your board must meet or you will be sales assistant Joy Lynn McGarity. Together they serve a variety of clients,
considered by law to be in breach of your fiduciary duties. including business owners, healthcare professionals, women investors,
Additionally, this bill now requires all condominium
directors to undergo a 4-hour certification class as well as retirees and families, with personalized planning to help meet their
one hour of annual training. This bill also requires boards financial goals.
to hold meetings at least quarterly and allows owners to
ask a variety of questions at those meetings even if those “Raymond James stands out in the industry for its distinguished
topics are not listed on the meeting’s agenda. Lastly, the reputation and client-first approach, which provides me with the freedom
bill criminalizes the failure to permit bona fide document
inspections two or more times a year. The bill provides and flexibility to run my practice in a way that best suits my clients. In
for $6 million in funding and 65 new employees for the addition, its robust investment, banking, trust and insurance capabilities
Division to enforce these new requirements.
HB 1029 creates the “My Safe Florida Condominium backed by a team of estate planning professionals can be highly beneficial
Pilot Program” within the Department of Financial to clients and business,” said Elliott.
Services (DFS). This legislation will create a state-funded
inspection program to determine mitigation measures With nearly 20 years of industry experience, Elliott began her career in
that hopefully will reduce a property’s vulnerability to financial services and banking in 2006 and most recently spent 16 years at
hurricane damage and provide for mitigation grants to
retrofit the condominium property. There is a cap of Wells Fargo, where she became a financial advisor. A Florida native, she
$170,000 for each association seeking this grant. is a graduate of Florida Atlantic University with a degree in accounting
HOA Bills
HB 293 requires HOAs to adopt specifications for and finance.
hurricane protection and prohibits HOAs from denying an
owner’s installation or replacement of certain hurricane About Raymond James Financial Services
protections including storm shutters, metal roofs, erosion Raymond James Financial Services, Inc. (RJFS), member FINRA/SIPC, is a financial services firm supporting independent
controls, and other forms of hurricane protection. financial advisors nationwide. Since 1974, RJFS provides a wide range of investment and wealth planning-related services
HB 59 amends Section 720.303, F.S. to require an HOA through its affiliate, Raymond James & Associates, Inc., member New York Stock Exchange/SIPC. Both firms are wholly
to provide digital copies of the governing documents and owned subsidiaries of Raymond James Financial, Inc. (NYSE-RJF), one of the nation’s premier diversified financial services
rules to every new member of the association and provide companies with approximately 8,700 financial advisors throughout the United States, Canada and overseas. Total client
all members with amendments to the covenants and rules. assets are approximately $1.42 trillion as of Feb. 29, 2024. Additional information is available at raymondjames.com.
HB 1203 was passed as a response to the massive Securities offered through Raymond James Financial Services, Inc. Member FINRA/SIPC. Investment advisory services
Hammocks HOA fraud case in Miami-Dade County. are offered through Raymond James Financial Services Advisors, Inc. Elliott Wealth Strategies is not a registered broker/
Among its many provisions, this bill imposes mandatory dealer and is independent of Raymond James Financial Services, Inc.
educational requirements for HOA directors; limits
an HOA’s ability to regulate parking and commercial
vehicles, limits the function of an HOA’s architectural
control committee, imposes stiff penalties for the denial
of records access to owners; requires websites for
associations with 100 parcels or more and further revises Raymond James Financial Services
the fining process in a less than helpful manner.
HB 1645 provides that HOA covenants may not Thera Elliott
prohibit the types of fuel sources that serve customers
in the community, including natural gas utilities and 301 E. Yamato Road, Suite 3160
liquefied petroleum gas (aka propane) dispensers, and Boca Raton, FL 33431
also provides that the HOA covenants may not preclude
appliances using those energy sources. It is troubling to 561-241-6616
note that HOA residents must now be allowed to install Thera.Elliott@Raymondjames.com
EV charging stations and propane gas/natural gas; let’s
hope installers for each take proper safety precautions. www.Elliottwealthstrategies.com
SB 1420 modifies the language in Section 720.406,
F.S. regarding the meeting procedures when homeowners
association covenants are being revitalized.