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JeriD
Posts: 44
Posted:


Can anyone address the new Florida changes as of July 2007?
As we are all going to have to abide in these rules, I am asking how many of you will handle it. We will now have to give them the ALL colors allowed etc not have them just select what we have in the covenants. Take minutes and post dates 3 months in advance.
This has come in light of Mediation being so far backed up in there cases. If you have not read them go to www.ccfj.net/HOAFS720new and look for Chapter in chapter 720.
Really looking forward to hearing how others will look at this new code.

Jeri
BradD2 (Florida)
Posts: 418
Posted:
You link is bad. It should read http://www.ccfj.net/HOAFS720new.htm and says this in red at the top "ATTENTION: NEW PROVISIONS EFFECTIVE JULY 1, 2007 ARE NOT INCLUDED!"
BradD2 (Florida)
Posts: 418
Posted:
Try this link:

http://www.mondaq.com/article.asp?articleid=49584
BradD2 (Florida)
Posts: 418
Posted:
This link talks about the financial changes to the law as well:

http://condolaw.blogspot.com/
JeriD
Posts: 44
Posted:
Is anyone on Design Review, ARB etc. going to be affected with these changes? i.e. forms for minutes, and how to decide what paint colors they can use for the Design Review Board as they will almost have to narrow down to color is what our design review board tells me.
BradD2 (Florida)
Posts: 418
Posted:
I have only read commentaries about the changes, not the changes themselves. Part of the problem is that Florida has not updated the website to include 2007 version of the statutes. So you have to look at the bills themselves and try to compare them to 2006 version of the statutes to try to understand how it all works together.

For us the changes are going to be:

45 days instead of 30 days notice for lien or foreclosure. We use a collections attorney for this but it means an additional delay in the collections.

The payment application order is now set and is different from our policy and late fees / interest are set. It gives more teeth to late fees / interest and further discourages people who pay late. I think we might change our covenants to go from 6% to the 18% suggested (if your covenants don't say a rate) and the late fee from $25 to $25 or 5% of the amount owed whichever is greater. That might not sound like a big difference but we have been trying to collect for almost a year on an account with a balance over 2k; that would make the late fee over $100.

The ARC guidelines have to be written and have to be published and you can't deny a request that does not deviate from them. We use our covenants for a large part of the unwritten guidelines but there are things we have decided that are not specifically written. The number of lawn ornaments and their sizes for example or the type of fence will all now have to be written and published.

The lot now retains the owed dues regardless of what has happened. So if a house goes into foreclosure and they still owe 1k (like we have) we can still collect from the new owner. I know that sucks but they can go after the bank.

Quite a few things in the bills we already do or our documents specify something and so it isn't really a change for us. I hope to go over it in our Monthly board meeting and then have a draft of changes for next month that we will implement to our policies to be in compliance.
BradD2 (Florida)
Posts: 418
Posted:
I started reading the full text of one of the bills and it looks like we will have to make the ARC meetings formal. Currently we have made sure that the ARC does not contain a majority of the board so that they could meet informally and review requests. It appears that that is specifically prohibited now. The end result will be that it will take longer to approve requests and there is a fine in place for doing work without approval. I am sure that for some Associations that was neccessary but this is only going to make it harder on the owners.

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