Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 580
                                Barcode 788988                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 4/AD/2R         .                                
             04/24/2013 11:49 AM       .                                

       Senator Hays moved the following:
    1         Senate Amendment 
    3         Delete lines 430 - 448
    4  and insert:
    5         (5) It is declared that the public policy of this state is
    6  that prior to the transition of homeowners’ association control
    7  in a community from the developer to the nondeveloper members,
    8  as set forth in s. 720.307, the right of developers to amend
    9  governing documents is subject to a test of reasonableness,
   10  which prohibits the developer from unilaterally amending the
   11  governing documents in a manner that is arbitrary, capricious,
   12  or in bad faith, that destroys the general plan of development,
   13  that prejudices the rights of existing nondeveloper members to
   14  use and enjoy the benefits of common property, or that
   15  materially shifts economic burdens from the developer to the
   16  existing nondeveloper members.