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6/1/09
We received
confirmation that Governor Crist vetoed SB 714 earlier today.
This bill would have provided financially struggling high-rise
associations with more time to retrofit their common areas with
sprinkler systems. The bill would also have provided other
associations with relief from having to purchase elevator
generators and alarm systems. SB 714 would also have repealed
the changes made last year to Chapter 718 relating to individual
HO-6 condominium policies.
Despite these many benefits,
Governor Crist saw fit to veto this bill. The real impact is
that older high-rises must retrofit their common areas with
sprinklers by 2014 and condominium boards must still inquire at
least once a year as to whether or not each owner has H0-6
coverage and can force place such missing policies and specially
assess for the costs of same. Condominium owners will still need
to add the association as an additional insured and loss payee
on their individual policies. All in all, the 2009 Legislative
Session was a zero sum game for community association members.
Sadly, neither the
Federal nor our State Legislature has come through with any sort
of a "bailout" for financially flailing community associations.
They were simply not willing to hold lenders more responsible
for the costs of maintaining their collateral during their long,
drawn out foreclosures. Even more troubling is the fact that
our Governor has now vetoed a bill that would have provided some
modicum of relief to a few associations. It would appear that
associations must be willing to find champions to fight their
own battles for them.
2008 Legislative News
The
2008 Florida Legislative Session was officially adjourned on May
2, 2008. There were several bills passed that affect Florida
Condominium Statute 718 and the Homeowner Association statute
720. Some of the bills take effect on July 1, 2008 and others
not until October 1, 2008. It is important to note that after
the legislature passes these bills and the Governor signs them
into law, the Division of Florida Land Sales (which also
received a new name) is charged with developing rules of
procedure and implementation, often clarifying the statute
changes. The “rules” adopted by the division are known as The
Florida Administrative Code, Chapters 61B-15 through 25, 45 and
60.
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