1. Defibrillators in Community Associations (768.1325(3)) Community associations with an automatic external defibrillator device will be immune from civil liability for any harm resulting from its use if it complies with the requirements of the statute. Additionally, insurers cannot require community associations with an automatic external defibrillator device to have medical malpractice liability insurance or exclude damages resulting from the use of a defibrillator from an association’s general liability insurance

2. Revival of Covenants (720.401 through 720.405 in SB 1184 / 720.403 through 720.407 in SB 2984) Provides a procedure for an association to revive its covenants which are no longer effective. The most common reason for an association’s covenants to become extinguished is due to Florida’s Marketable Record Title Act (MRTA). After 30 years, a homeowners association’s declaration of covenants and restrictions is automatically extinguished by Florida’s Marketable Record Title Act unless extended pursuant to the Statute. The new statutory provisions provide specific requirements to allow the members of an association to revive the covenants which formerly governed their community.

3. Definition of “Member” (720.301(10)) The statutory definition of “member” of a homeowners association has been changed to include any person or entity that pays an assessment or amenity fee.

4. Homeowners Associations with 15 or Fewer Parcels (720.303(1)) In a community of 15 or fewer parcel owners, only the deed restrictions established prior to an owner’s purchase will govern the respective parcel owners. Therefore, amendments to the declaration of covenants adopted after an owner purchased his/her parcel would be unenforceable against that parcel owner.

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5.Homeowners Associations Board Meetings (720.303(2)) Members must be given notice of a board meeting at which: (1) a special assessment will be considered or (2) rules that regulate the use of parcels in the community will be adopted, amended or revoked. The notice must be provided in writing and must be posted conspicuously on the property or broadcast on closed-circuit cable television at least 14 days before the meeting and the notice must (1) disclose the nature of the assessment, or (2) state that changes to the rules regarding the use of parcels will be considered.

Members can place a matter on the agenda for a board meeting if 20% of the total voting interests of the association petition the board to address an item of business. If the board receives a petition to place a matter on the agenda, the matter must be placed on the agenda for the next regular board meeting, or if none is scheduled, at a special board meeting within 60 days of receipt of the petition. The board must give notice to all members of the board meeting at which the petitioned item will be discussed. The notice must be provided in writing and must be posted conspicuously on the property or broadcast on closed-circuit cable television at least 14 days before the meeting. Members who sign a sign-up sheet at the meeting on the petitioned item or submit a written request to speak prior to the meeting have the right to speak for at least 3 minutes on any matter placed on the agenda by a petition.

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