Bill Text: FL S0996 | 2021 | Regular Session | Introduced
Bill Title: Community Associations
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 649 (Ch. 2021-209) [S0996 Detail]
Download: Florida-2021-S0996-Introduced.html
Florida Senate - 2021 SB 996 By Senator Garcia 37-00991B-21 2021996__ 1 A bill to be entitled 2 An act relating to community associations; amending s. 3 194.011, F.S.; specifying requirements for the 4 contents, delivery, and posting of certain association 5 notices; providing that certain associations have the 6 right to seek judicial review, appeal decisions, and 7 represent unit or parcel owners in certain 8 proceedings; requiring certain associations to defend 9 unit or parcel owners in certain proceedings; 10 providing that property appraisers are not required to 11 name individual unit or parcel owners as defendants in 12 such proceedings; providing applicability; amending s. 13 194.181, F.S.; providing and revising the parties 14 considered as the defendants in a tax suit; specifying 15 requirements for the contents, delivery, and posting 16 of certain association notices; providing unit or 17 parcel owners’ options for defending a tax suit; 18 imposing certain actions on unit or parcel owners who 19 fail to respond to a specified notice; specifying the 20 conditions for releasing a unit or parcel owner from a 21 lis pendens related to certain actions; amending s. 22 718.111, F.S.; providing that a condominium 23 association may take certain actions relating to a 24 challenge to ad valorem taxes in its own name or on 25 behalf of unit owners; providing applicability; 26 providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Paragraph (e) of subsection (3) of section 31 194.011, Florida Statutes, is amended to read: 32 194.011 Assessment notice; objections to assessments.— 33 (3) A petition to the value adjustment board must be in 34 substantially the form prescribed by the department. 35 Notwithstanding s. 195.022, a county officer may not refuse to 36 accept a form provided by the department for this purpose if the 37 taxpayer chooses to use it. A petition to the value adjustment 38 board must be signed by the taxpayer or be accompanied at the 39 time of filing by the taxpayer’s written authorization or power 40 of attorney, unless the person filing the petition is listed in 41 s. 194.034(1)(a). A person listed in s. 194.034(1)(a) may file a 42 petition with a value adjustment board without the taxpayer’s 43 signature or written authorization by certifying under penalty 44 of perjury that he or she has authorization to file the petition 45 on behalf of the taxpayer. If a taxpayer notifies the value 46 adjustment board that a petition has been filed for the 47 taxpayer’s property without his or her consent, the value 48 adjustment board may require the person filing the petition to 49 provide written authorization from the taxpayer authorizing the 50 person to proceed with the appeal before a hearing is held. If 51 the value adjustment board finds that a person listed in s. 52 194.034(1)(a) willfully and knowingly filed a petition that was 53 not authorized by the taxpayer, the value adjustment board shall 54 require such person to provide the taxpayer’s written 55 authorization for representation to the value adjustment board 56 clerk before any petition filed by that person is heard, for 1 57 year after imposition of such requirement by the value 58 adjustment board. A power of attorney or written authorization 59 is valid for 1 assessment year, and a new power of attorney or 60 written authorization by the taxpayer is required for each 61 subsequent assessment year. A petition shall also describe the 62 property by parcel number and shall be filed as follows: 63 (e)1. A condominium association,as defined in s. 718.103, 64 a cooperative association as defined in s. 719.103, or any 65 homeowners’ association as defined in s. 723.075, with approval 66 of its board of administration or directors, may file with the 67 value adjustment board a single joint petition on behalf of any 68 association members who own units or parcels of property which 69 the property appraiser determines are substantially similar with 70 respect to location, proximity to amenities, number of rooms, 71 living area, and condition. The condominium association, 72 cooperative association, or homeowners’ association as defined 73 in s. 723.075 shall provide the unit or parcel owners with 74 notice of its intent to petition the value adjustment board. The 75 notice must include a statement that by not opting out of the 76 petition, the unit or parcel owner agrees that the association 77 shall also represent the unit or parcel owner in any related 78 proceedings, without the unit or parcel owners being named or 79 joined as parties. Such notice must be hand delivered or sent by 80 certified mail, return receipt requested, except that such 81 notice may be electronically transmitted to a unit or parcel 82 owner who has expressly consented in writing to receiving such 83 notices by electronic transmission. If the association is a 84 condominium association or cooperative association, the notice 85 must also be posted conspicuously on the condominium or 86 cooperative property in the same manner as notices of board 87 meetings under ss. 718.112(2) and 719.106(1). Such notice must 88and shallprovide at least 1420days for a unit or parcel owner 89 to elect, in writing, that his or her unit or parcel not be 90 included in the petition. 91 2. A condominium association as defined in s. 718.103 or a 92 cooperative association as defined in s. 719.103 which has filed 93 a single joint petition under this subsection has the right to 94 seek judicial review or appeal a decision on the single joint 95 petition and continue to represent the unit or parcel owners 96 throughout any related proceedings. If the property appraiser 97 seeks judicial review or appeals a decision on the single joint 98 petition, the association shall defend the unit or parcel owners 99 throughout any such related proceedings. The property appraiser 100 is not required to name the individual unit or parcel owners as 101 defendants in such proceedings. This subparagraph is intended to 102 clarify existing law and applies to cases pending on July 1, 103 2021. 104 Section 2. Subsection (2) of section 194.181, Florida 105 Statutes, is amended to read: 106 194.181 Parties to a tax suit.— 107 (2)(a) In any case brought by athetaxpayer or a 108 condominium or cooperative association, as defined in ss. 109 718.103 and 719.103, respectively, on behalf of some or all unit 110 or parcel owners, contesting the assessment of any property, the 111 county property appraiser is ashall beparty defendant. 112 (b) Other than as provided in paragraph (c), in any case 113 brought by the property appraiser underpursuant tos. 114 194.036(1)(a) or (b), the taxpayer is ashall beparty 115 defendant. 116 (c)1. In any case brought by the property appraiser under 117 s. 194.036(1)(a) or (b) relating to a value adjustment board 118 decision on a single joint petition filed by a condominium or 119 cooperative association under s. 194.011(3), the association is 120 the only required party defendant. The individual unit or parcel 121 owners are not required to be named as parties. 122 2. The condominium or cooperative association must provide 123 unit or parcel owners with notice of the property appraiser’s 124 complaint and advise the unit or parcel owners that they may 125 elect to: 126 a. Retain their own counsel to defend the appeal for their 127 units or parcels; 128 b. Choose not to defend the appeal; or 129 c. Be represented by the association. 130 3. The notice required in subparagraph 2. must be hand 131 delivered or sent by certified mail, return receipt requested, 132 except that such notice may be electronically transmitted to a 133 unit or parcel owner who has expressly consented in writing to 134 receiving such notices through electronic transmission. 135 Additionally, the notice must be posted conspicuously on the 136 condominium or cooperative property, if applicable, in the same 137 manner as notices of board meetings under ss. 718.112(2) and 138 719.106(1). The association must provide at least 14 days for a 139 unit or parcel owner to respond to the notice. Any unit or 140 parcel owner who does not respond to the association’s notice 141 will be represented by the association. 142 4. If requested by a unit or parcel owner, the tax 143 collector shall accept payment of the estimated amount in 144 controversy, as determined by the tax collector, as to that unit 145 or parcel, whereupon the unit or parcel shall be released from 146 any lis pendens and the unit or parcel owner may elect to remain 147 in or be dismissed from the action. 148 (d) In any case brought by the property appraiser under 149pursuant tos. 194.036(1)(c), the value adjustment board is a 150shall beparty defendant. 151 Section 3. Subsection (3) of section 718.111, Florida 152 Statutes, is amended to read: 153 718.111 The association.— 154 (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT, 155 SUE, AND BE SUED; CONFLICT OF INTEREST.— 156 (a) The association may contract, sue, or be sued with 157 respect to the exercise or nonexercise of its powers. For these 158 purposes, the powers of the association include, but are not 159 limited to, the maintenance, management, and operation of the 160 condominium property. 161 (b) After control of the association is obtained by unit 162 owners other than the developer, the association may: 163 1. Institute, maintain, settle, or appeal actions or 164 hearings in its name on behalf of all unit owners concerning 165 matters of common interest to most or all unit owners, 166 including, but not limited to, the common elements; the roof and 167 structural components of a building or other improvements; 168 mechanical, electrical, and plumbing elements serving an 169 improvement or a building; and representations of the developer 170 pertaining to any existing or proposed commonly used facilities; 171 2. Protestand protestingad valorem taxes on commonly used 172 facilities and on units;and may173 3. Defend actions pertaining to ad valorem taxation of 174 commonly used facilities or units or in eminent domain actions; 175 andor176 4. Bring inverse condemnation actions. 177 (c) If the association has the authority to maintain a 178 class action, the association may be joined in an action as 179 representative of that class with reference to litigation and 180 disputes involving the matters for which the association could 181 bring a class action. 182 (d) The association, in its own name or on behalf of some 183 or all unit owners, may institute, file, protest, or maintain 184 any administrative challenge, lawsuit, appeal, or other 185 challenge to ad valorem taxes assessed on units, commonly used 186 facilities, or common elements. In any subsequent proceeding, 187 lawsuit, appeal, or other challenge brought by the property 188 appraiser related to units that were the subject of a single 189 joint petition filed under s. 194.011(3), the association has 190 the right to represent the interest of the unit owners as 191 provided in s. 194.011(3)(e)2., and the unit owners are not 192 necessary or indispensable parties to such actions. This 193 paragraph is intended to clarify existing law and applies to 194 cases pending on July 1, 2021. 195 (e) This section does not limitNothing herein limitsany 196 statutory or common-law right of any individual unit owner or 197 class of unit owners to bring any action without participation 198 by the association which may otherwise be available. 199 (f) An association may not hire an attorney who represents 200 the management company of the association. 201 Section 4. This act shall take effect July 1, 2021.