If only all states could follow Florida’s lead what a difference could be made. The Florida House unanimously passed a Property Owner Association (POA) HB7119 bill that significantly restored homeowner rights and protections. This bill includes, but is not limited to, the following:
- Adds disciplinary proceedings for violations of statutes during the course of performing community association management services. This provides much needed oversight for POA’s.
- Requires that records be available within a reasonable distance, permit member to take picture of such records at no charge, and limits the charges by the association to produce the records
- Requires the budget to designate the components for which the reserve accounts may be used
- Officers and directors are required to certify in writing that he or she has read the association’s declaration of covenants, articles of incorporation, bylaws, and current written rules and policies or provide the secretary with an educational certificate stating that the board member has satisfactorily completed an educational curriculum administered by a division-approved education provider, disallows kickbacks to officers, directors or managers, and requires every association to maintain insurance of fidelity bond
- Requires any amendments to governing documents, copies must be provided to the members
- Election provisions concerning nominations and in developer-controlled POA’s
- Prohibits clauses in documents by a developer which unilaterally making amendments to the governing documents that are arbitrary, capricious, or in bad faith; destroy the general plan of development; prejudice the rights of existing nondeveloper members to use and enjoy the benefits of common property; or materially shift economic burdens from the developer to the existing nondeveloper members.
There is plenty more in this bill that help provide oversight to POA’s so there is more transparency and the membership can be more informed concerning the government of their POA. More states should adopt such regulations concerning POA’s. Now that precedent has been set in Florida, a model bill is available for other states to use. For a copy of the current bill, please click http://www.hoareformbill.net/