Florida Senate Bill 630: Changes to Florida Condominium and Homeowners’ Association Laws
By: Lynne C. Rhode, Esq.
& John M. Stevelinck, Jr., JD Candidate 2022
Jimerson Birr
On June 14, 2021, the Florida Legislature sent Senate Bill 630 to Governor DeSantis to be signed into law. Senate Bill 630 went into effect on July 1, 2021.
Senate Bill 630 contains many changes to Chapters 718 and 720, Florida Statutes, which govern condominium and homeowners’ associations, respectively. Most of the changes in Senate Bill 630 are minor, clarifying the language of the existing statutes rather than substantively changing the law.
This article will provide an overview of some of Senate Bill 630’s more substantive changes to Florida’s condominium association and homeowners’ association laws.
Changes to Florida Condominium Association Law
Many of the changes made by Senate Bill 630 that apply to condominium associations are minor. Although the substantive law mostly remains the same, there are a few changes to which condominium associations should pay attention. An overview of substantive changes to Florida’s condominium association laws are below.
Section 718.121, Florida Statutes
Senate Bill 630 has amended Section 718.121, Florida Statutes, which governs condominium association liens. Under the amended form of Section 718.121, notice of an association’s intent to file a lien against a condominium unit owner is deemed to have been delivered upon mailing, provided that the notice is in substantially the same form as the example provided in Section 718.121. The amended form also added certain dates that condominium associations must include on the notice. These dates include the due dates for maintenance, the dates during which interest accrued, and the dates of certified mail charges.
Section 718.111(12)(g), Florida Statutes
Before Senate Bill 630, condominiums with 150 or more units were required to keep certain documents available to association members on the association’s website pursuant to Section 718.111(12)(g), Florida Statutes. However, under Senate Bill 630’s amendments to Section 718.111(12)(g), condominiums with 150 or more units are now permitted to keep those required documents on mobile applications that can be downloaded to a mobile device, in lieu of or in addition to keeping them on the association’s website. This is a permissive change, so condominium associations can use their discretion in deciding whether to keep documents on a mobile app in lieu of or in addition to the association website.