Tough Florida HOA bill holds boards and their agents accountable

When will the legislators learn that penalties serve as a detriment to unlawful behavior?  When will they stop “blessing” HOA boards, officers and agents – those management firms – with angelic attributes who can do no wrong? 
At least FL legislators understand what will stop homeowners from continuing to appear before them year after year, seeking a redress of their grievances.
H-995 excerpt.
718.111   The association.


     (d)  As required by s. 617.0830 , an officer, director, or agent shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances, and in a manner he or she reasonably believes to be in the interests of the association. Regardless of any indemnification provision in the documents or contract, an officer, director, or agent shall be liable for monetary damages as provided in s. 617.0834 if such officer, director, or agent breached or failed to perform his or her duties and the breach of, or failure to perform, his or her duties constitutes a violation of criminal law as provided in s. 617.0834 ; constitutes a transaction from which the officer or director derived an improper personal benefit, either directly or indirectly; or constitutes recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.   718.1224   Prohibition against SLAPP suits.

     (1)  It is the intent of the Legislature to protect the right of condominium unit owners to exercise their rights to instruct their representatives and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. The Legislature recognizes that strategic lawsuits against public participation, or “SLAPP suits” as they are typically referred to, have occurred when association members are sued by individuals, business entities, or governmental entities arising out of a condominium unit owner’s appearance and presentation before a governmental entity on matters related to the condominium association. However, it is the public policy of this state that governmental entities, business organizations, and individuals not engage in SLAPP suits, because such actions are inconsistent with the right of condominium unit owners to participate in the state’s institutions of government.

 FL Rep. Robaina is the sponsor

Published in: on March 12, 2008 at 4:34 pm  Leave a Comment  

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