Legislative Matter

Miami-Dade Legislative Item
File Number: 220383

Printable PDF Format

Clerk's Official Copy

File Number: 220383

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 22-23

Control: Board of County Commissioners

File Name: COMMUNITY ASSOCIATIONS TO FILE WRITTEN REGISTRATION

Introduced: 2/16/2022

Requester: NONE

Cost:

Final Action: 3/1/2022

Agenda Date: 3/1/2022

Agenda Item Number: 7B

Notes:

Title:

ORDINANCE RELATING TO COMMUNITY ASSOCIATIONS AND TRANSPARENCY; CREATING CHAPTER 17D OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING CONDOMINIUM, COOPERATIVE, AND HOMEOWNERS’ ASSOCIATIONS TO FILE A WRITTEN REGISTRATION WITH THE COUNTY CONTAINING CERTAIN INFORMATION; PROVIDING FOR THE CREATION OF A COUNTY-MAINTAINED PUBLICLY ACCESSIBLE ONLINE DATABASE OF SUCH INFORMATION; AMENDING SECTION 8CC OF THE CODE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION OF THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEMS UNDER FILE NOS.220015, 220304]

Indexes:

CONDOMINIUMS

Sponsors:	Sen. Rene Garcia, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Oliver G. Gilbert, III, Co-Sponsor
	Danielle Cohen Higgins, Co-Sponsor
	Raquel A. Regalado, Co-Sponsor
	Rebeca Sosa, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/1/2022	7B	Adopted				P
REPORT:	Earlier in the meeting, County Attorney Geri Bonzon-Keenan read the titles of the foregoing proposed ordinances (Agenda Items 7A through 7H) into the record. Commissioner Heyman stated she could not support the item as presented because she was concerned about the impact of the requirements on smaller, community based homeowners’ associations. She contended the process could be perceived as burdensome and discourage community participation and engagement. Commissioner Regalado indicated her support for the item and suggested providing an “opt-out” option for smaller organizations. She recognized the merits of the item and pointed out that it would provide more transparency. Commissioner Higgins clarified the intent of the item was not to create more bureaucracy but to improve transparency. She opined the smaller homeowners’ associations (HOA) advocating for improved conditions within the community should convert to neighborhood associations. Commissioner Martinez inquired about the status of the reserve budget waiver requirement issue and asked whether the Board of County Commissioners (Board/BCC) decision on this item would affect the HOA or condominium reserves. Commissioner Regalado stated she was aware of four (4) State legislative items related to condominium reserves. Commissioner Garcia reported that there was not much progress with State legislation related to HOAs, and noted the condominium reserve bill also did not advance. He assured his colleagues that the Board’s action on the foregoing item would not impact the reserve budget in any way. Commissioner Martinez voiced his concerns about the fiscal impact on residents should reserve assessments be implemented. Chairman Diaz shared Commissioner Martinez’s concerns about the fiscal impact and economic burden on residents due to increased HOA fees and assessments. He expressed disbelief that the State had not worked on the issues and requested he be added as a co-sponsor. Commissioner Monestime expressed concerns about the fiscal impact of the item on residents. He inquired about the revenue generated in the event the proposed fee was approved and suggested the County absorb the administrative fee if possible. Commissioner Garcia estimated the fee would generate approximately $600,000 to offset the website’s maintenance and operational costs. He explained the fee structure ($50.00) was created based on the information provided by the Department of Regulatory and Economic Resources (RER) and advised his colleagues that larger developments (25 or more units), would be required to pay $1.25 more per unit. Addressing Commissioner Heyman’s concerns, Commissioner Garcia noted that the item applied the State’s HOA definition and assured his colleagues that smaller type HOAs advocating for community improvements would be excluded. Commissioner Heyman stated that while she was appreciative of the explanation provided by Commissioner Garcia, she was apprehensive about the legislative interpretation of the item and reiterated her concerns were mainly with regards to small community/social organizations. Commissioner Garcia reiterated the intent of the item and stated he would amend the language if any of the social organizations were negatively impacted. He emphasized the State’s definition would be used to classify HOAs. In light of Commissioner Garcia’s assurances, Commissioner Heyman indicated her support for the item. Commissioner Garcia thanked his colleagues for their support. He stated that while he recognized the item did not resolve all issues, it was a step in the right direction for improved transparency. Vice Chairman Gilbert III requested he be added as a co-sponsor and voiced his support for the item. Miami-Dade Mayor Levine Cava acknowledged the merits of the item and stated she was hopeful the item would be replicated throughout the State. She commended Commissioner Garcia for his dedication and commitment to creating a more transparent process. Commissioner McGhee concurred that the foregoing item could be used as a model for State-wide legislation. Commissioners Cohen Higgins and Regalado requested they be added as co-sponsors. Hearing no further questions or comments the Board proceeded to vote on the item as presented.

County Attorney	2/17/2022		Assigned	Michael J. Mastrucci		2/17/2022

County Infrastructure, Operations and Innovations Committee	2/10/2022	1G2 Substitute Amended	Forwarded to BCC with a favorable recommendation with committee amendments following public hearing				P
REPORT:	Chairwoman Regalado made a statement, for the record, on behalf of Mr. Julio Urbina on his support for the foregoing proposed ordinance and this same requirements had already been implemented by the City of Hallandale Beach. Assistant County Attorney Jorge Martinez-Esteve read the title of the foregoing proposed ordinance into the record. Assistant County Attorney Michael Mastrucci read Commissioner Garcia’s floor amendment for Agenda Item 1G2 Substitute into the record as follows: “to provide that the regulations established by this ordinance should be the exclusive regulation applicable to the registration of community associations in Miami-Dade County and that such regulations shall be uniform throughout the county both in the incorporated and unincorporated areas and to provide for exclusive county enforcement of such regulations.” Commissioner Garcia indicated this proposed ordinance would ensure the County housed the regulatory component of the home owner’s and condominium association regulations. Chairwoman Regalado opened the public hearing, and the following persons appeared before the Committee in support: 1. Mr. Nick Tiger 2. Mr. George Gileal 3. Ms. Christina Papus 4. Mr. Ruben Sanchez 5. Mr. Anquilie Hibert 6. Ms. Danielle Blake, requested to meet with Commissioner Monestime to address a concern 7. Mr. Henry Perosio, 11019 SW 148th Court; Miami, Florida 33196, noted his residential neighborhood only answers to the Master Association controlled by the Board of Directors. He noted maintenance fees will exceed three-hundred percent (300%) by March 1st. He stated on March 3rd voting was cancelled while residents waited outside the Clubhouse due to a later proven false threat claim. He informed the committee that residents needed more enforcement and the Board members should be held accountable not the homeowners. 8. Ms. Claudia Mardiaca, 9316 NW 50TH Doral Circle North, Doral, Florida 33178, indicated this proposed ordinance would provide accountability and transparency to improve the safety of residents 9. Ms. Tina Gate Bernard, Licensed Real Estate Associate Broker, 1871 NW South River Drive, Unit 1901, Miami, Florida 33125, spoke about the difficulty to contact homeowners and condominium associations. She stated the importance for prospective buyers to have access to the information on the property/building being purchased. Hearing no other persons wishing to speak, Chairwoman Regalado closed the public hearing. Commissioner Monestime expressed his support for this ordinance and noted the importance of providing digital access to records as soon as possible. Commissioner Garcia stated the importance of seeking support from all counties in Florida to urge Tallahassee to make comprehensive reforms. He noted the importance of this issue to homeowners. Hearing no other comments or objections, the Committee members proceeded to take a vote on the foregoing ordinance as amended. There being no further questions or comments, the committee proceeded to vote on the foregoing proposed ordinance with committee amendments.

Legislative Text

TITLE
ORDINANCE RELATING TO COMMUNITY ASSOCIATIONS AND TRANSPARENCY; CREATING CHAPTER 17D OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING CONDOMINIUM, COOPERATIVE, AND HOMEOWNERS� ASSOCIATIONS TO FILE A WRITTEN REGISTRATION WITH THE COUNTY CONTAINING CERTAIN INFORMATION; PROVIDING FOR THE CREATION OF A COUNTY-MAINTAINED PUBLICLY ACCESSIBLE ONLINE DATABASE OF SUCH INFORMATION; AMENDING SECTION 8CC OF THE CODE; PROVIDING FOR ENFORCEMENT BY CIVIL PENALTY; PROVIDING SEVERABILITY, INCLUSION OF THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the number of individuals living in residences governed by condominium, cooperative, and homeowners� associations (collectively referred to herein as �community associations�), has risen steadily since 1970 and is expected to continue to increase in 2021 and beyond, particularly in highly desirable real estate markets such as South Florida; and
WHEREAS, indeed, Miami-Dade County is home to thousands of such community associations that provide housing to hundreds of thousands of County residents; and
WHEREAS, condominium, cooperative, and homeowners� associations are governed by Chapters 718, 719, and 720 of the Florida Statutes, respectively; and
WHEREAS, this Board believes it is in the best interests of the residents of the County to require community associations governing residential real property to file annual registrations with the County containing certain information and documentation�including, but not limited to, the properties governed by the association and any structural reports issued with respect thereto, the property manager, officers and directors of the association, the association�s governing documents, financial statements, insurance policies and adopted budgets, and a list of the association�s planned capital projects�and for the County to create a publicly accessible online database of such information and documentation; and
WHEREAS, this Board believes that such a database will facilitate transparency as well as resident awareness of and accessibility to important information and documents regarding community associations and the residences they govern,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Chapter 17D of the Code of Miami-Dade County, Florida is hereby created to read as follows:1
>>Chapter 17D � Registration of Community Associations

Sec. 17D-1. - Short Title and Applicability.

(A) This chapter shall be known and may be cited as the "Miami- Dade County Ordinance for Registration of Community Associations�.

(B) Applicability.

(1) This chapter shall create a uniform standard and shall apply to both the incorporated and unincorporated areas without regard to municipal boundaries. The provisions of this chapter shall be the exclusive regulations applicable to the registration of community associations in Miami-Dade County.
(a) The Director of the Miami-Dade County Department of Regulatory and Economic Resources or successor department (�Department�), and his or her designees, are hereby charged with the enforcement responsibilities of this chapter throughout the County.
(b) The penalties in chapter 8CC for violations of this chapter shall also be a uniform standard and shall apply to both the incorporated and unincorporated areas without regard to municipal boundaries.

Sec. 17D-2. - Legislative Intent, Findings, and Purpose.

The Board of County Commissioners hereby finds that it is in the best interests of the residents of the County to ensure transparency by requiring all condominium, cooperative, and homeowners� associations as defined in Chapters 718, 719, and 720 of the Florida Statutes, respectively (herein referred to as �community associations�), governing residential real property within the County to file annual registrations with the County containing certain information and documentation. It is the intent of this chapter to provide a central online publicly accessible registry of such information and documentation. Through this registry, residents of housing governed by such community associations can easily and quickly access important information and key documents pertaining to such community associations.

Sec. 17D-3. - Community associations required to register.

(A) By February 1 of each year, all condominium associations, cooperative associations, and homeowners� associations, as such terms are respectively defined in Chapters 718, 719 and 720 of the Florida Statutes, governing residential real property located within the County shall file a written registration with the Department. The registration shall contain the following information and attachments:

(1) The name of the community association, which shall include the name registered with the Florida Division of Corporations in addition to any fictitious names that the community association utilizes.

(2) The business address and the legal description of each residence owned, operated, or governed by the community association.

(3) The name and contact information for the property manager or other designated agent for the community association.

(4) The name and contact information for an emergency contact for the community association (cannot be the same individual identified in subsection (A)(3) above).

(5) A list of all officers and directors of the community association with contact information.

(6) A link to the community association�s website, if any.

(7) An impression of the corporate seal of the community association, if any.

(8) A legible copy of the community association�s governing documents and any amendments thereto, including the declaration, articles of incorporation, bylaws, rules, regulations, and resolutions.

(9) A list of the community association�s planned capital projects, if any, from the date of registration through February 1 of the following year.

(10) A copy of the community association�s most recent set of compiled, reviewed, or audited financial statements, as applicable. Any monthly association fees, and any applicable current or approved special assessments, must be specifically outlined.

(11) A copy of the community association�s most recent adopted annual budget.

(12) The location where all building permits for work in common areas shall be posted during construction.

(13) All reports issued within the last 10 years on the structural status of each of the properties within the County owned, operated, or governed by the community association, including any required re-certification reports, if applicable.

(14) A Certificate of Insurance listing all of the community association�s current insurance policies, issuing companies, policy numbers, coverage limits, and effective dates.

(B) After a community association files its initial registration, the community association shall file a renewal registration with the Department every 12 months thereafter reflecting any changes to the information and attachments required in subsection (A) above.

(C) The initial registration and any renewal registrations shall be made upon forms designated by the Director of the Department and shall be accompanied by payment of a registration fee in such an amount as shall be established by implementing order, effective upon approval by the Miami-Dade Board of County Commissioners.

(D) A community association may designate a property manager or other agent to fulfill the community association�s obligations under this chapter.

Sec. 17D-4. � Publicly accessible database of registration information.

(A) The County shall create and maintain a searchable database containing the registration information and attachments of each community association registered with the County pursuant to section 17D-3.

(B) The database shall be made publicly accessible on the County�s website.

(C) The County shall post the registration requirements of section 17D-3 on the County�s website along with a notice to the public that the database is available.

Sec. 17D-5 - Enforcement.

(A) Violations of the requirements of section 17D-3 may be punished by fines in accordance with chapter 8CC and may be addressed by any penalties or remedies provided in section 1-5 and chapter 8CC, as applicable.

(B) Failure to comply with the provisions of section 17D-3 shall constitute a violation. All matters enumerated and prohibited herein shall be independent of each other, and the violation of any one of the provisions of this chapter shall be a separate violation of this chapter.

Sec. 17D-6. - Conflicts with other ordinances or regulations.

If this chapter conflicts with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.<<

Section 2. Section 8CC-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 8CC-10. Schedule of civil penalties.

The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended.

* * *

Code Section Description of Violation Civil Penalty
* * * >>Ch. 17D-3 Failure to timely or properly file the initial or renewal registration:

First violation

Second violation

Third or subsequent violation

Failure to comply with any other provision of Ch. 17D-3:

$200.00

$500.00

$1,000.00

$200.00<<
* * *
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.