Six Amendments Adopted to Representative Bogdanoff’s Condo Bill; Fire Safety Retrofitting Provisions Spark Debate

The Florida House Civil Justice and Courts Policy Committee met on February 2, 2010, during which it approved House Bill 561 relating to Condominiums.  The bill, which is sponsored by State Representative Ellyn Bogdanoff (R-Ft. Lauderdale) would repeal the requirement that individual condominium owners purchase hazard insurance and exempts some condominiums from the requirement of being retrofitted with fire alarm systems.  

Six amendments were adopted to HB 561 during the Committee, most of which were technical in nature.  The amendments clarified that:

• A one or two-story building does not need to have an extensive fire system.
• If one member of the condominium’s Board of Directors has fulfilled the related State of Florida educational requirements, but does not yet have a certificate, the Board member will not automatically be removed from office.
• The aforementioned retrofitting requirements would be fulfilled by 2019, as opposed to 2014.

The most significant change adopted by the Committee related to retrofitting voting procedure in this manner:  If a previous vote of approval has been taken for the condominium association to forego retrofitting, a vote to require retrofitting may be obtained at a special meeting of the unit owners called by a petition of least 10 percent of the voting interests; however, a call for this type of vote may only take place once every three years.

Representative Bogdanoff said that, in these tough economic times, condo owners could not personally afford the cost of retrofitting compliance.

The Committee approved HB 561 by a vote of 11 Yeas and 2 Nays.  The bill now will be heard by the House Insurance, Business and Financial Affairs Policy Committee.

Should you have any comments or questions, please contact Colodny Fass.

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