SB 1196 BECAME LAW ON JULY 1! A major common interest ownership housing bill, Senate Bill 1196, was passed by the Florida Senate 38 to 0 on April 16th and by the Florida House by 107 to 4 on Wednesday, April 28th. Gov. Crist signed it into law on June 1. The changes in the bill are effective on July 1, 2010. Condominium, Cooperative, and Homeowners' associations are all affected to some degree.
Read the complete text of SB 1196 by clicking HERE.
Important note about protected information in condominium and home owners association records: Generally speaking, records of common interest ownership housing associations are open for inspection and copying by owners of properties governed by those associations. However, as Gary Poliakoff, Esq., noted at our June 26th meeting, one of the many important changes made by SB 1196 was an expansion of the the list of information that condominium and homeowners associations may have in their records that the association must not make accessible to owners. References which follow are to page numbers of the final text of SB 1196, which you may access via the above link:
For condominium associations, see the amendments to 718.111(12)(c) beginning on page 24. The list of protected information may be found on pages 26 and 27.
For homeowners associations, see the amendment to 720.303(5)(c) beginning on page 88. The list of protected information may be found on pages 89 and 90.
Advocacy Group Comments on SB 1196
The following are informational bulletins released by Florida common interest ownership housing advocacy groups concerning SB 1196. They are posted unedited, with permission, alphabetically by organization.
CAI/FLA (Community Associations Institute/Florida Legislative Alliance)
CALL (Community Association Leadership Lobby) -- Also includes information from Becker and Poliakoff's Florida Condo & HOA Blog.
May 20th Alert The "Distressed Condo Relief Act" in SB 1196
Summary of 2010 community association bills signed by Gov. Crist
SB 1196 Changes Condo/HOA Official Records and Record Inspection Rights
June 7 -- Q&A: SB 1196
June 11 -- Board Certification & Approved Education Providers; SB 1196
June 15 -- SB 1196; Suspension of Voting & Use Rights; Fines
June 18 -- Condos, HOAs and Coops Will Have the Ability to Demand Rent
July 1 -- Comprehensive Community Association Bill (SB 1196) Goes Into Effect Today
Note: Contains a brief thumbnail sketch of SB 1196 topics.
CAN (Community Advocacy Network) -- Also includes information from the Condolaw Blog by Donna DiMaggio Berger, Esq. and related firm, Katzman Garfinkel & Berger
Sweeping new association law; do you see the glass half full or half empty?
SB 1196 changes do not mean condominium owners can cancel their H0-6 policies!
South Florida Sun-Sentinel July 8 article recapping provisions of SB 1196
July 14 Condolaw Blog Some landlords and lawyers contribute to confusion over new rent collection law.
News Articles Concerning Signing of 1196
Sarasota Herald-Tribune June 2
South Florida Sun-Sentinel June 2
Florida Times-Union June 1
Naples Daily News June 1
Sunshine State News June 2
Tampa Bay Business Journal June 2
Text of Other New 2010 Legislation of Interest to Community Associations
CALL (Community Association Leadership Lobby) Alerts
June 2nd Alert "GOVERNOR CRIST TAKES ACTION ON NUMEROUS BILLS AFFECTING COMMUNITY ASSOCIATIONS, INCLUDING SB 1196" (Also see "Summary of 2010 community association bills signed by Gov. Crist, above.)
June 1 Blog "Design Professional Liability and Property Insurance Bills Vetoed by Governor Crist"
July 14 Condolaw blog "New law helps shine light on previously buried automatic renewal clauses!"