This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0919.RRS
DATE: 3/30/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 919 Homeowners' Associations
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee, Porras and others
TIED BILLS: IDEN./SIM. BILLS: SB 1114
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development
Subcommittee
14 Y, 1 N, As CS Wright Anstead
2) Appropriations Committee
3) Commerce Committee
SUMMARY ANALYSIS
A homeowners’ association (HOA) is an association of residential property owners in which voting membership is
made up of parcel owners and membership is a mandatory condition of parcel ownership. HOAs are authorized to
impose assessments that, if unpaid, may become a lien on the parcel. HOAs may levy fines against or suspend
certain access rights of a parcel owner for failing to comply with the HOA’s governing documents. In addition,
Florida law requires officers and directors of an HOA to comply with certain requirements and may be removed from
office under certain circumstances.
Related to HOA officers and directors, the bill:
Provides that an officer or a director must be removed from office if charged with the following crimes:
o Forgery of a ballot envelope or voting certificate used in a homeowners' association election.
o Theft or embezzlement of funds of an HOA.
o Destruction of refusing to allow inspection of certain HOA records in furtherance of any crime.
o Obstruction of justice.
Provides criminal penalties for accepting kickbacks and certain actions of fraudulent voting activities.
Provides additional requirements for disclosing officer or director conflicts of interest.
Related to HOA fines and suspensions, the bill:
Provides that fines may not create a lien against a parcel.
Provides that a fine or suspension levied for a violation by the HOA board of administration may not be
imposed unless the board first provides at least 30 days' notice to the parcel owner of a hearing before a
committee. If the committee determines that a violation does not exist, then no other action may be taken
related to that alleged violation.
Allows a member to cure a violation. If a violation is cured before the hearing, a fine or suspension may not
be imposed. If the violation is cured within 30 days after the notice of imposed fine or suspension, the fine is
reduced by 50 percent and any applicable suspensions must be lifted.
Related to HOA funds, the bill:
Requires that if an HOA collects a deposit from a member to pay for expenses that may be incurred as a
result of construction on a member's parcel, or other reason for such deposit, such funds must not be
comingled with any other HOA funds.
o The member may request an accounting of such funds and the HOA must remit payment of unused
funds within 30 days after completion.
Related to HOA official records, the bill requires an HOA to allow a member to keep an address different than the
property address to be used for all required notices.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023. STORAGE NAME: h0919.RRS PAGE: 2
DATE: 3/30/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Homeowners’ Associations
A homeowners’ association (HOA) is an association of residential property owners in which voting
membership is made up of parcel owners and membership is a mandatory condition of parcel
ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the
parcel.
1
Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
720, F.S., the Homeowners’ Association Act (HOA Act). Like a condominium, an HOA is administered
by an elected board of directors. The powers and duties of an HOA include the powers and duties
provided in the HOA Act, and in the association’s governing documents, which include the recorded
covenants and restrictions, together with the bylaws, articles of incorporation, and duly adopted
amendments to those documents.
2
An HOA must be a Florida corporation and the initial governing documents must be recorded in the
official records of the county in which the community is located. The powers and duties of an
association include those set forth in the HOA Act and in the governing documents, except as expressly
limited or restricted in the HOA Act.
After control of the HOA is obtained by members other than the developer, the HOA may institute,
maintain, settle, or appeal actions or hearings in its name on behalf of all members concerning matters
of common interest to the members. The HOA may defend actions in eminent domain or bring inverse
condemnation actions. Any individual member or class of members may bring any action without
participation by the HOA, but member does not have authority to act for the HOA by virtue of being a
member.
3
No state agency has direct oversight over HOAs. However, Florida law provides for a limited mandatory
binding arbitration program, administered by the Division of Condominiums, Timeshares and Mobile
Homes, within the Department of Business and Professional Regulation, for certain election and recall
disputes.
4
Powers and Duties of Officers and Directors – Current Situation
The officers and directors of an HOA have a fiduciary relationship to the members who are served by
the HOA.
5
A director or officer charged by information or indictment with felony theft or embezzlement involving
the HOA’s funds or property is removed from office. The board must fill the vacancy according to
general law until the end of the period of the suspension or the end of the director’s term of office,
whichever occurs first. However, if the charges are resolved without a finding of guilt or without
acceptance of a plea of guilty or nolo contendere, the director or officer must be reinstated for any
remainder of term of office. A member who has such criminal charges pending may not be appointed or
elected to a position as a director or officer.
6
1
S. 720.301(9), F.S.
2
See generally ch. 720, F.S.
3
S. 720.303(1), F.S.
4
S. 720.311, F.S.
5
S. 720.303(1), F.S.
6
S. 720.3033(4), F.S. STORAGE NAME: h0919.RRS PAGE: 3
DATE: 3/30/2023
An officer, director, or manager may not solicit, offer to accept, or accept any good or service of value
for which consideration has not been provided for his or her benefit or for the benefit of a member of his
or her immediate family from any person providing or proposing to provide goods or services to the
HOA.
7
If the board finds that an officer or director has violated this condition, the board must
immediately remove the officer or director from office. The vacancy must be filled according to law until
the end of the director’s term of office. However, an officer, director, or manager may accept food to be
consumed at a business meeting with a value of less than $25 per individual or a service or good
received in connection with trade fairs or education programs.
8
If the HOA enters into a contract or other transaction with any of its directors or a corporation, firm,
association that is not an affiliated HOA, or other entity in which a director is also a director or officer or
is financially interested, the board must:
9
Comply with the requirements for conflicts of interest in a corporation not for profit.
10
Enter certain disclosure requirements into the written minutes of the meeting.
Approve the contract or other transaction by an affirmative vote of two-thirds of the directors
present.
At the next regular or special meeting of the members, disclose the existence of the contract or
other transaction to the members. Upon motion of any member, the contract or transaction must
be brought up for a vote and may be canceled by a majority vote of the members present. If the
members cancel the contract, the HOA is only liable for the reasonable value of goods and
services provided up to the time of cancellation and is not liable for any termination fee,
liquidated damages, or other penalty for such cancellation.
Powers and Duties of Officers and Directors – Effect of the Bill
In addition to current requirements, the bill provides that an officer or a director charged by information
or indictment with one of the following crimes must be removed from office, and the vacancy must be
filled as provided by the HOA Act until the end of the officer's or director's period of suspension or the
end of his or her term of office, whichever occurs first:
Forgery of a ballot envelope or voting certificate used in a homeowners' association election
under s. 831.01, F.S.
Theft or embezzlement of funds of a homeowners' association under s. 812.014, F.S.
Destruction of or the refusal to allow inspection or copying of an official record of a homeowners'
association that is accessible to parcel owners within the time periods required by general law in
furtherance of any crime as tampering with physical evidence under s. 918.13, F.S.
Obstruction of justice under ch. 843, F.S.
If such a criminal charge is pending against the officer or director, he or she may not be appointed or
elected to a position as an officer or a director of any HOA and may not have access to the official
records of any HOA, except pursuant to a court order. However, if the charges are resolved without a
finding of guilt, the officer or director must be reinstated for the remainder of his or her term of office, if
any.
The bill provides that an officer, a director, or a manager who knowingly solicits, offers to accept, or
accepts any thing or service of value or kickback commits a misdemeanor of the first degree, , for
amounts less than $1,000, and a felony of the third degree, for amounts $1,000 or more, and is subject
to a civil penalty. Such person may be removed from office.
7
However, an officer, director, or manager may accept food to be consumed at a business meeting with a value of less
than $25 per individual or a service or good received in connection with trade fairs or education programs. S. 720.303(3),
F.S.
8
S. 720.3033(3), F.S.
9
S. 720.3033(2), F.S.
10
A contract or transaction with a conflict of interest is not voidable if the relationship or interest is disclosed or known to
the board; the board authorized, approved, or ratified it by vote or written consent; or the contract or transaction is fair and
reasonable at the time it is authorized. Such contract or transaction must be authorized, approved, or ratified by a majority
of the directors on the board who have no relationship or interest in such transaction. S. 617.0832, F.S. STORAGE NAME: h0919.RRS PAGE: 4
DATE: 3/30/2023
The bill requires directors and officers of an HOA to disclose to the HOA any activity that may
reasonably be construed to be a conflict of interest at least 14 days prior to voting on the subject of
such conflict or entering into such contract. A rebuttable presumption of a conflict of interest exists if
any of the following occurs without prior disclosure to the association:
A director or an officer, or a relative of a director or an officer, enters into a contract for goods or
services with the HOA.
A director or an officer, or a relative of a director or an officer, holds an interest in a corporation,
limited liability corporation, partnership, limited liability partnership, or other business entity that
conducts business with the HOA or proposes to enter into a contract or other transaction with
the HOA.
Criminal Violations for Fraudulent Voting Activities
The bill provides that the following actions relating to HOA elections is a fraudulent voting activity and
constitutes a misdemeanor of the first degree:
Willfully and falsely swearing to or affirming an oath or affirmation, or willfully procuring another
person to falsely swear to or affirm an oath or affirmation, in connection with or arising out of
voting activities.
Perpetrating or attempting to perpetrate, or aiding in the perpetration of, fraud in connection with
a vote cast, to be cast, or attempted to be cast.
Preventing a member from voting, or preventing a member from voting as he or she intended,
by fraudulently changing or attempting to change a ballot, ballot envelope, vote, or voting
certificate of the member.
Menacing, threatening, or using bribery or any other corruption to attempt, directly or indirectly,
to influence, deceive, or deter a member when voting.
Giving or promising, directly or indirectly, anything of value to another member with the intent to
buy the vote of that member or another member or to corruptly influence that member or
another member in casting his or her vote. This paragraph does not apply to any food served
which is to be consumed at an election rally or a meeting or to any item of nominal value which
is used as an election advertisement, including a campaign message designed to be worn by a
member.
Using or threatening to use, either directly or indirectly, force, violence, or intimidation or any
tactic of coercion or intimidation to induce or compel a member to vote or refrain from voting in
an election or on any particular ballot measure.
Fines and Suspension – Current Situation
Owners, tenants, and guests must comply with an HOA’s declaration, bylaws, and rules. HOAs may
levy fines against or suspend the right of a parcel owner, occupant, or a guest of an owner or occupant,
to use the common areas
11
or any other association property for failing to comply with any provision in
the HOA’s governing documents. A suspension for failing to comply with an HOA’s declaration, bylaws,
or rules may not be for an unreasonable amount of time.
12
No fine may exceed $100 per violation, although a fine may be levied on the basis of each day of a
continuing violation provided that fine does not exceed $1,000 in the aggregate. However, a fine may
exceed $1,000 if the HOA’s governing documents authorize it. Fines may not become a lien on the
property unless the fines exceed $1,000.
13
Before an HOA levies a fine or a suspension, it must give the person receiving the fine or suspension at
least 14 days’ notice of an opportunity for a hearing. A fine and suspension committee of at least
three members selected by the board must hold a hearing to reject or approve the fine or suspension.
11
This does not apply to that portion of common areas used to provide access or utility services to the parcel. A
suspension may not prohibit an owner or tenant of a parcel from having vehicular and pedestrian ingress to and egress
from the parcel, including, but not limited to, the right to park. S. 720.305(2)(a), F.S.
12
S. 720.305, F.S.
13
S. 720.305(2), F.S. STORAGE NAME: h0919.RRS PAGE: 5
DATE: 3/30/2023
Board directors, officers, and employees of the HOA and family of such people may not serve on the
committee. The committee must approve the fine or suspension by majority vote otherwise the
proposed fine or suspension may not be imposed.
14
A fine is due five days after written notice of the approved fine is provided to the parcel owner,
occupant, or guest. Written notice of the fine or suspension must be provided to the person by mail or
hand delivery.
15
If a member is more than 90 days delinquent in paying any fee, fine, or other monetary obligation due
to the HOA, the HOA may suspend the rights of the member, or the member’s tenant, guest, or invitee,
to use common areas and facilities
16
until it is paid in full.
17
An HOA may suspend the voting rights of a parcel or member for the nonpayment of any fee, fine, or
other monetary obligation due to the HOA that is more than 90 days delinquent. The suspension ends
upon full payment of all obligations currently due or overdue to the HOA.
18
The notice and hearing requirements for levying fines do not apply to a suspension imposed for
delinquent payment.
19
All suspensions imposed for delinquent payment of any fee, fine, or other monetary obligation due to
the HOA must be approved at a properly noticed board meeting. Upon approval, the HOA must notify
the parcel owner and, if applicable, the parcel’s occupant, licensee, or invitee by mail or hand
delivery.
20
Fines and Suspension – Effect of the Bill
The bill limits when an HOA may levy a fine to violations of the declaration, association's bylaws, or
reasonable rules of the association.
The bill provides that a fine may not create a lien against a parcel and that governing documents may
not provide that fines may not exceed $1,000 in the aggregate.
The bill provides new hearing procedures and notice requirements for when an HOA wishes to
impose a fine or suspension, as described below.
The bill provides that a fine or suspension levied for a violation by the board of administration may not
be imposed unless the board first provides at least 30 days' notice to the parcel owner at the
designated mailing or e-mail address in the HOA's official records and, if applicable, any occupant,
licensee, or invitee of the parcel owner, sought to be fined or suspended and a hearing before a
committee of at least three members appointed by the board who are not officers, directors, or
employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or
employee. The notice must include a description of the alleged violation, the specific action required to
cure such violation, and the date and location of the hearing. A parcel owner has the right to attend a
hearing by telephone or other electronic means.
If the committee, by majority vote, determines that a violation does not exist, then no other action may
be taken related to that alleged violation. The role of the committee is limited to determining whether a
violation exists and whether to approve or reject the fine or suspension levied by the board.
14
Id.
15
Id.
16
A suspension may not prohibit an owner or tenant of a parcel from having access a portion of common areas used to
provide access or utility services to the parcel, or from having vehicular and pedestrian ingress to and egress from the
parcel. S. 720.305(4), F.S.
17
S. 720.305(3), F.S.
18
S. 720.305(4), F.S.
19
S. 720.305(3), (4), F.S.
20
S. 720.305(5), F.S. STORAGE NAME: h0919.RRS PAGE: 6
DATE: 3/30/2023
The bill requires the committee to provide written notice to the parcel owner at the designated mailing
or e-mail address in the association's official records and, if applicable, any occupant, licensee, or
invitee of the parcel owner, of the committee's findings related to the violation, including any applicable
fines or suspensions that the committee approved or rejected, and how the parcel owner or any
occupant, licensee, or invitee of the parcel owner may cure the violation after the hearing.
The bill requires fines, suspensions, attorney fees, and costs to be imposed as follows:
If a violation is found by the committee, but is cured before the hearing, a fine or suspension
may not be imposed and attorney fees and costs may not be awarded.
If a violation is found and the proposed fine or suspension levied by the board is approved by
the committee, the committee must decide, by majority vote, a date that the fine payment is due,
which date must be at least 30 days after delivery of the required written notice.
If a violation is found and the proposed fine or suspension levied by the board is approved by
the committee, but the violation is cured within 30 days after delivery of the required written
notice, the fine must be reduced by 50 percent, any applicable suspensions must be lifted, and
attorney fees and costs may not be awarded.
If a violation is found and the proposed fine or suspension levied by the board is approved by
the committee and the violation is not cured or the fine is not paid within 30 days after delivery
of the required written notice, reasonable attorney fees and costs may be awarded to the
association.
The bill allows a parcel owner or any occupant, licensee, or invitee of the parcel owner may, at any
time, to make a written request for a detailed accounting of any amounts he or she owes to the
association and the board must provide such information within 10 days after receipt of the written
request. Failure by the board to respond to a written request for a detailed accounting constitutes a
complete waiver of the violation.
The bill requires that, upon receipt of a payment for any outstanding fines from a parcel owner or any
occupant, licensee, or invitee of the parcel owner, the board must apply the payment first to the fine
before satisfying any other amounts due to the HOA. Attorney fees and costs may not continue to
accrue after a parcel owner or any occupant, licensee, or invitee of the parcel owner pays the fine.
The bill allows a parcel owner or any occupant, licensee, or invitee of the parcel owner to request a
hearing before the board to dispute the reasonableness of the attorney fees and costs awarded to the
HOA.
The bill removes the option for an HOA to provide written notice of a fine by hand delivery.
The bill requires the board to send written notice to the parcel owner and, if applicable, the parcel's
occupant, licensee, or invitee by mail or hand delivery to the parcel owner's designated mailing or e-
mail address in the association's official records for any suspension imposed for delinquent payment of
any fee, fine, or other monetary obligation due to the HOA.
The bill provides that the failure of the HOA or committee to comply with these procedural requirements
constitutes a waiver of all fines or suspensions imposed or proposed for a violation. Any fines, fees, or
other costs incurred by a parcel owner or any occupant, licensee, or invitee of the parcel owner which is
related to a fine that is waived must also be waived or paid by the HOA if such fine, fee, or other cost is
not waivable.
Official Records – Current Situation
An HOA’s governing documents include the:
Recorded declaration of covenants for a community and all duly adopted amendments thereto;
HOA’s articles of incorporation and bylaws and any duly adopted amendments thereto; and STORAGE NAME: h0919.RRS PAGE: 7
DATE: 3/30/2023
Rules and regulations adopted under the authority of the recorded declaration, articles of
incorporation, or bylaws and any duly adopted amendments thereto.
21
The declaration of covenants, much like a constitution, establishes the community’s basic covenants
and restrictions.
22
The articles of incorporation establish the HOA’s existence, basic structure, and
governance.
23
The bylaws govern the HOA’s operation and administration, while the rules and
regulations typically supplement the other documents, addressing matters of everyday policy.
24
Unless otherwise provided in the governing documents or required by law, an HOA’s governing
documents may be amended by the affirmative vote of two-thirds of the HOA’s voting interests.
25
Within
30 days after recording a governing document amendment, the HOA must give its members copies
thereof unless a copy was provided to the members before the vote on the amendment, in which case
the HOA must only provide the members with notice of the amendment’s adoption.
26
An HOA must maintain each of the following items, when applicable, which constitute the official
records of the HOA:
27
A copy of the HOA’s governing documents:
o declaration of covenants and each amendment,
o bylaws and each amendment,
o articles of incorporation and each amendment, and
o current rules.
Copies of any plans, specifications, permits, and warranties related to improvements
constructed on the common areas or other property that the HOA is obligated to maintain,
repair, or replace.
The minutes of all meetings of the board of directors and of the members, which minutes must
be retained for at least 7 years.
A current roster of all members and their mailing addresses and parcel identifications. The
HOA must maintain the electronic mailing addresses and the numbers designated by members
for receiving notice sent by electronic transmission of those members consenting to receive
notice by electronic transmission. The electronic mailing addresses and numbers provided by
unit owners to receive notice by electronic transmission must be removed from HOA records
when consent to receive notice by electronic transmission is revoked. However, the HOA is not
liable for an erroneous disclosure of the electronic mail address or the number for receiving
electronic transmission of notices.
All of the HOA’s insurance policies, which must be retained for at least 7 years.
A current copy of all contracts to which the HOA is a party, including, without limitation, any
management agreement, lease, or other contract under which the HOA has any obligation or
responsibility. Bids received by the HOA for work to be performed must also be considered
official records and must be kept for a period of 1 year.
The financial and accounting records of the HOA, kept according to good accounting practices.
All financial and accounting records must be maintained for a period of at least 7 years. The
financial and accounting records must include:
o Accurate, itemized, and detailed records of all receipts and expenditures.
o A current account and a periodic statement of the account for each member, designating
the name and current address of each member who is obligated to pay assessments,
the due date and amount of each assessment or other charge against the member, the
date and amount of each payment on the account, and the balance due.
o All tax returns, financial statements, and financial reports of the HOA.
o Any other records that identify, measure, record, or communicate financial information.
21
S. 720.301(8), F.S.
22
Joseph Adams, HOA Governing Documents Explained (July 1, 2018), https://www.floridacondohoalawblog.com/2018/07/01/hoa-
governing-documents-explained/ (last visited Mar. 25, 2023).
23
Id.
24
Id.
25
S. 720.306(1), F.S.
26
Id.
27
S. 720.303(4), F.S. STORAGE NAME: h0919.RRS PAGE: 8
DATE: 3/30/2023
A copy of the disclosure summary.
Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to
voting by parcel owners, which must be maintained for at least 1 year after the date of the
election, vote, or meeting.
All affirmative acknowledgments made pursuant to s. 720.3085(3)(c)3, F.S.
All other written records of the HOA which are related to the operation of the HOA.
Official Records – Effect of the Bill
The bill amends what information must be kept as part of the current roster in the official records. The
bill requires an HOA to keep a designated mailing address, which is the member’s property address,
unless the member has sent written notice to the association requesting that a different mailing address
be used for all required notices.
The bill provides that the HOA must also maintain facsimile numbers designated by members for
receiving notice sent by electronic transmission of those members consenting to receive notice by
electronic transmission. A member's e-mail address is the e-mail address the member provided when
consenting in writing to receiving notice by electronic transmission, unless the member has sent written
notice to the HOA requesting that a different e-mail address be used for all required notices.
Commingling of HOA Funds – Current Situation
All HOA funds held by a developer must be maintained separately in the HOA’s name. HOA reserve
and operating funds must not be commingled prior to turnover except the HOA may jointly invest
reserve funds if the funds are accounted for separately.
28
A developer in control of an HOA may not commingle any HOA funds with the developer’s funds or with
the funds of any other HOA or community association.
29
HOA funds may not be used by a developer to defend a civil or criminal action, administrative
proceeding, or arbitration proceeding that has been filed against the developer or directors appointed to
the HOA board by the developer, even when the subject of the action or proceeding concerns the
operation of the developer-controlled HOA.
30
Commingling of HOA Funds – Effect of the Bill
In addition to current requirements regarding commingling funds, the bill requires that if an HOA
collects a deposit from a member to pay for expenses that may be incurred as a result of construction
on a member's parcel, or other reason for such deposit, such funds must be maintained separately and
may not be comingled with any other association funds. Upon completion of the member's construction
project, or any other reason for such deposit, the member may request an accounting from the
association of such funds that were deposited and the association must provide an accounting to the
member within 7 days after the member's request. An association must remit payment of any and all
unused funds to the member within 30 days after receiving notice that the member's construction
project, or any other reason for which a deposit was collected, is complete.
The bill provides a short title, the “Homeowners’ Associations Bill of Rights.”
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Provides a short title.
Section 2: Amends s. 720.303, F.S.; relating to requirements for HOA officers and directors.
28
S. 720.303(8)(a), F.S.
29
S. 720.303(8)(b), F.S.
30
S. 720.303(8)(c), F.S. STORAGE NAME: h0919.RRS PAGE: 9
DATE: 3/30/2023
Section 3: Amends s. 720.3033, F.S.; relating to criminal violations for kickbacks.
Section 4: Amends s. 720.305, F.S.; relating to procedures for HOA fines and appeals.
Section 5: Creates s. 720.3065, F.S.; relating to criminal violations for certain HOA voting activities.
Section 6: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEME NT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may reduce fines paid by members to the HOA and provide greater fiscal responsibility of the
officers and directors.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 28, 2023, the Regulatory Reform & Economic Development Subcommittee adopted a proposed
committee substitute (PCS) with one amendment and reported the bill favorably as a committee substitute.
The PCS differed from the underlying bill in the following ways: STORAGE NAME: h0919.RRS PAGE: 10
DATE: 3/30/2023
Removed all provisions relating to:
o Condominium associations,
o Designated recordkeepers,
o Division responsibilities related to alleged criminal violations, and
o Priority of payments due to an HOA.
Provided certain requirements and criminal violations for officers and directors.
Provided certain requirements for deposits to an HOA.
Provided an expanded procedure for levying HOA fines and suspensions.
The amendment to the PCS:
Clarified that the maximum fine amount for a violation is $100, and fines may not exceed $1,000 in
the aggregate.
Provided that a fine may not become a lien.
This analysis is drafted to the committee substitute as passed by the Regulatory Reform & Economic
Development Subcommittee.