Journal Notes—July 2023

Journal Notes

by Michael Hamline, Editor / Published July 2023

     The Florida legislature convened on March 7 and adjourned on May 5. There were several bills passed that will have a direct impact on community associations. 

     On page 8 Jeffrey Rembaum of Kaye Bender Rembaum provides part one of two of the 2023 legislative update. In this first part he details the bills that affect only condominiums (and cooperatives) and bills that affect only HOAs. Part two will cover legislation that affects all community associations. It is important to read these two parts of the legislative update to see what has changed for community associations and to understand the impact these changes will have.

     On page 34 Barry Ansbacher with Ansbacher Law details SB 360 and its impact on community associations. One of the important takeaways from this bill is that the statute of repose for construction defect claims has been shortened from 10 to 7 years, which might mean that defects will not be discovered before the time to file a claim expires. 

     Turn to page 36 to read Becker attorney J. Robert Caves III, Esq., analysis over HB 837 by the newly created §768.0701, Florida Statutes, which limits the liability of the owner or operator and makes it necessary to consider the criminal act of the third party. That same bill also adds §768.0706, Florida Statutes, which defines several terms and lays out safety and security actions that can be taken on multifamily residential property to reduce liability.

     As technology continues to be an integral part of our everyday lives, it is important to understand the terminology and the procedures to implement in order to secure one’s personal information on the internet as well as association’s responsibilities to provide good cybersecurity for resident’s private data.

     On page 58 Ramona Smith with Blue Stream Fiber defines the terminology and technology made available in the field of telecommunications.

     Open up to page 62 to read about the role associations can play in educating homeowners about cybersecurity as detailed by Marcy Kravit with Hotwire Communications.

     Turn to page 72 to see the tips that John von Stein of QXC Communications lays out as helpful ways to protect community association residents from data hacks.

     FLCAJ wishes you a Happy Fourth of July!