Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 530
Barcode 733718
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2011 .
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The Committee on Regulated Industries (Wise) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraphs (a) and (c) of subsection (12) of
6 section 718.111, Florida Statutes, are amended to read:
7 718.111 The association.—
8 (12) OFFICIAL RECORDS.—
9 (a) From the inception of the association, the association
10 shall maintain each of the following items, if applicable, which
11 constitute shall constitute the official records of the
12 association:
13 1. A copy of the plans, permits, warranties, and other
14 items provided by the developer pursuant to s. 718.301(4).
15 2. A photocopy of the recorded declaration of condominium
16 of each condominium operated by the association and of each
17 amendment to each declaration.
18 3. A photocopy of the recorded bylaws of the association
19 and of each amendment to the bylaws.
20 4. A certified copy of the articles of incorporation of the
21 association, or other documents creating the association, and of
22 each amendment thereto.
23 5. A copy of the current rules of the association.
24 6. A book or books that which contain the minutes of all
25 meetings of the association, of the board of administration, and
26 the of unit owners, which minutes must be retained for at least
27 7 years.
28 7. A current roster of all unit owners and their mailing
29 addresses, unit identifications, voting certifications, and, if
30 known, telephone numbers. The association shall also maintain
31 the electronic mailing addresses and facsimile the numbers
32 designated by unit owners for receiving notice sent by
33 electronic transmission of those unit owners consenting to
34 receive notice by electronic transmission. The electronic
35 mailing addresses and facsimile telephone numbers may not be
36 accessible to unit owners must be removed from association
37 records if consent to receive notice by electronic transmission
38 is not provided in accordance with subparagraph (c)5 revoked.
39 However, the association is not liable for an erroneous
40 disclosure of the electronic mail address or facsimile the
41 number for receiving electronic transmission of notices.
42 8. All current insurance policies of the association and
43 condominiums operated by the association.
44 9. A current copy of any management agreement, lease, or
45 other contract to which the association is a party or under
46 which the association or the unit owners have an obligation or
47 responsibility.
48 10. Bills of sale or transfer for all property owned by the
49 association.
50 11. Accounting records for the association and separate
51 accounting records for each condominium that which the
52 association operates. All accounting records must shall be
53 maintained for at least 7 years. Any person who knowingly or
54 intentionally defaces or destroys such accounting records
55 required to be created and maintained by this chapter during the
56 period for which such records are required to be maintained, or
57 who knowingly or intentionally fails to create or maintain such
58 records, with the intent of causing harm to the association or
59 one or more of its members, is personally subject to a civil
60 penalty pursuant to s. 718.501(1)(d). The accounting records
61 must include, but are not limited to:
62 a. Accurate, itemized, and detailed records of all receipts
63 and expenditures.
64 b. A current account and a monthly, bimonthly, or quarterly
65 statement of the account for each unit designating the name of
66 the unit owner, the due date and amount of each assessment, the
67 amount paid on upon the account, and the balance due.
68 c. All audits, reviews, accounting statements, and
69 financial reports of the association or condominium.
70 d. All contracts for work to be performed. Bids for work to
71 be performed are also considered official records and must be
72 maintained by the association.
73 12. Ballots, sign-in sheets, voting proxies, and all other
74 papers relating to voting by unit owners, which must be
75 maintained for 1 year from the date of the election, vote, or
76 meeting to which the document relates, notwithstanding paragraph
77 (b).
78 13. All rental records if the association is acting as
79 agent for the rental of condominium units.
80 14. A copy of the current question and answer sheet as
81 described in s. 718.504.
82 15. All other records of the association not specifically
83 included in the foregoing which are related to the operation of
84 the association.
85 16. A copy of the inspection report as described provided
86 in s. 718.301(4)(p).
87 (c) The official records of the association are open to
88 inspection by any association member or the authorized
89 representative of such member at all reasonable times. The right
90 to inspect the records includes the right to make or obtain
91 copies, at the reasonable expense, if any, of the member. The
92 association may adopt reasonable rules regarding the frequency,
93 time, location, notice, and manner of record inspections and
94 copying. The failure of an association to provide the records
95 within 10 working days after receipt of a written request
96 creates a rebuttable presumption that the association willfully
97 failed to comply with this paragraph. A unit owner who is denied
98 access to official records is entitled to the actual damages or
99 minimum damages for the association’s willful failure to comply.
100 Minimum damages are shall be $50 per calendar day for up to 10
101 days, beginning the calculation to begin on the 11th working day
102 after receipt of the written request. The failure to permit
103 inspection of the association records as provided herein
104 entitles any person prevailing in an enforcement action to
105 recover reasonable attorney’s fees from the person in control of
106 the records who, directly or indirectly, knowingly denied access
107 to the records. Any person who knowingly or intentionally
108 defaces or destroys accounting records that are required by this
109 chapter to be maintained during the period for which such
110 records are required to be maintained, or who knowingly or
111 intentionally fails to create or maintain accounting records
112 that are required to be created or maintained, with the intent
113 of causing harm to the association or one or more of its
114 members, is personally subject to a civil penalty pursuant to s.
115 718.501(1)(d). The association shall maintain an adequate number
116 of copies of the declaration, articles of incorporation, bylaws,
117 and rules, and all amendments to each of the foregoing, as well
118 as the question and answer sheet as described provided for in s.
119 718.504 and year-end financial information required under in
120 this section, on the condominium property to ensure their
121 availability to unit owners and prospective purchasers, and may
122 charge its actual costs for preparing and furnishing these
123 documents to those requesting the documents. Notwithstanding the
124 provisions of this paragraph, the following records are not
125 accessible to unit owners:
126 1. Any record protected by the lawyer-client privilege as
127 described in s. 90.502; and any record protected by the work
128 product privilege, including a any record prepared by an
129 association attorney or prepared at the attorney’s express
130 direction,; which reflects a mental impression, conclusion,
131 litigation strategy, or legal theory of the attorney or the
132 association, and which was prepared exclusively for civil or
133 criminal litigation or for adversarial administrative
134 proceedings, or which was prepared in anticipation of such
135 imminent civil or criminal litigation or imminent adversarial
136 administrative proceedings until the conclusion of the
137 litigation or adversarial administrative proceedings.
138 2. Information obtained by an association in connection
139 with the approval of the lease, sale, or other transfer of a
140 unit.
141 3. Personnel records of association or management company
142 employees, including, but not limited to, disciplinary, payroll,
143 health, and insurance records. For purposes of this
144 subparagraph, the term “personnel records” does not include
145 written employment agreements with an association employee or
146 budgetary or financial records that indicate the compensation
147 paid to an association employee.
148 4. Medical records of unit owners.
149 5. Social security numbers, driver’s license numbers,
150 credit card numbers, e-mail addresses, telephone numbers,
151 facsimile numbers, emergency contact information, any addresses
152 of a unit owner other than as provided to fulfill the
153 association’s notice requirements, and other personal
154 identifying information of any person, excluding the person’s
155 name, unit designation, mailing address, and property address,
156 and any address, e-mail address, or facsimile number provided to
157 the association to fulfill the association’s notice
158 requirements. However, an owner may consent in writing to the
159 disclosure of protected information described in this
160 subparagraph. The association is not liable for the disclosure
161 of information that is protected under this subparagraph if the
162 information is included in an official record of the association
163 and is voluntarily provided by an owner and not requested by the
164 association.
165 6. Any Electronic security measures measure that are is
166 used by the association to safeguard data, including passwords.
167 7. The software and operating system used by the
168 association which allow the allows manipulation of data, even if
169 the owner owns a copy of the same software used by the
170 association. The data is part of the official records of the
171 association.
172 Section 2. Paragraphs (b), (c), and (d) of subsection (2)
173 of section 718.112, Florida Statutes, are amended to read:
174 718.112 Bylaws.—
175 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
176 following and, if they do not do so, shall be deemed to include
177 the following:
178 (b) Quorum; voting requirements; proxies.—
179 1. Unless a lower number is provided in the bylaws, the
180 percentage of voting interests required to constitute a quorum
181 at a meeting of the members is shall be a majority of the voting
182 interests. Unless otherwise provided in this chapter or in the
183 declaration, articles of incorporation, or bylaws, and except as
184 provided in subparagraph (d)4. (d)3., decisions shall be made by
185 owners of a majority of the voting interests represented at a
186 meeting at which a quorum is present.
187 2. Except as specifically otherwise provided herein, after
188 January 1, 1992, unit owners may not vote by general proxy, but
189 may vote by limited proxies substantially conforming to a
190 limited proxy form adopted by the division. A No voting interest
191 or consent right allocated to a unit owned by the association
192 may not shall be exercised or considered for any purpose,
193 whether for a quorum, an election, or otherwise. Limited proxies
194 and general proxies may be used to establish a quorum. Limited
195 proxies shall be used for votes taken to waive or reduce
196 reserves in accordance with subparagraph (f)2.; for votes taken
197 to waive the financial reporting requirements of s. 718.111(13);
198 for votes taken to amend the declaration pursuant to s. 718.110;
199 for votes taken to amend the articles of incorporation or bylaws
200 pursuant to this section; and for any other matter for which
201 this chapter requires or permits a vote of the unit owners.
202 Except as provided in paragraph (d), a after January 1, 1992, no
203 proxy, limited or general, may not shall be used in the election
204 of board members. General proxies may be used for other matters
205 for which limited proxies are not required, and may also be used
206 in voting for nonsubstantive changes to items for which a
207 limited proxy is required and given. Notwithstanding the
208 provisions of this subparagraph, unit owners may vote in person
209 at unit owner meetings. This subparagraph does not Nothing
210 contained herein shall limit the use of general proxies or
211 require the use of limited proxies for any agenda item or
212 election at any meeting of a timeshare condominium association.
213 3. Any proxy given is shall be effective only for the
214 specific meeting for which originally given and any lawfully
215 adjourned meetings thereof. A In no event shall any proxy is not
216 be valid for a period longer than 90 days after the date of the
217 first meeting for which it was given. Every proxy is revocable
218 at any time at the pleasure of the unit owner executing it.
219 4. A member of the board of administration or a committee
220 may submit in writing his or her agreement or disagreement with
221 any action taken at a meeting that the member did not attend.
222 This agreement or disagreement may not be used as a vote for or
223 against the action taken or to create and may not be used for
224 the purposes of creating a quorum.
225 5. If When any of the board or committee members meet by
226 telephone conference, those board or committee members attending
227 by telephone conference may be counted toward obtaining a quorum
228 and may vote by telephone. A telephone speaker must be used so
229 that the conversation of those board or committee members
230 attending by telephone may be heard by the board or committee
231 members attending in person as well as by any unit owners
232 present at a meeting.
233 (c) Board of administration meetings.—Meetings of the board
234 of administration at which a quorum of the members is present
235 are shall be open to all unit owners. A Any unit owner may tape
236 record or videotape the meetings of the board of administration.
237 The right to attend such meetings includes the right to speak at
238 such meetings with reference to all designated agenda items. The
239 division shall adopt reasonable rules governing the tape
240 recording and videotaping of the meeting. The association may
241 adopt written reasonable rules governing the frequency,
242 duration, and manner of unit owner statements.
243 1. Adequate notice of all board meetings, which must notice
244 shall specifically identify all incorporate an identification of
245 agenda items, must shall be posted conspicuously on the
246 condominium property at least 48 continuous hours before
247 preceding the meeting except in an emergency. If 20 percent of
248 the voting interests petition the board to address an item of
249 business, the board shall at its next regular board meeting or
250 at a special meeting of the board, but not later than 60 days
251 after the receipt of the petition, shall place the item on the
252 agenda. Any item not included on the notice may be taken up on
253 an emergency basis by at least a majority plus one of the board
254 members of the board. Such emergency action must shall be
255 noticed and ratified at the next regular board meeting of the
256 board. However, written notice of any meeting at which
257 nonemergency special assessments, or at which amendment to rules
258 regarding unit use, will be considered must shall be mailed,
259 delivered, or electronically transmitted to the unit owners and
260 posted conspicuously on the condominium property at least not
261 less than 14 days before prior to the meeting. Evidence of
262 compliance with this 14-day notice requirement must shall be
263 made by an affidavit executed by the person providing the notice
264 and filed with among the official records of the association.
265 Upon notice to the unit owners, the board shall, by duly adopted
266 rule, designate a specific location on the condominium property
267 or association property where upon which all notices of board
268 meetings are to shall be posted. If there is no condominium
269 property or association property where upon which notices can be
270 posted, notices of board meetings shall be mailed, delivered, or
271 electronically transmitted at least 14 days before the meeting
272 to the owner of each unit. In lieu of or in addition to the
273 physical posting of the notice of any meeting of the board of
274 administration on the condominium property, the association may,
275 by reasonable rule, adopt a procedure for conspicuously posting
276 and repeatedly broadcasting the notice and the agenda on a
277 closed-circuit cable television system serving the condominium
278 association. However, if broadcast notice is used in lieu of a
279 notice posted physically posted on the condominium property, the
280 notice and agenda must be broadcast at least four times every
281 broadcast hour of each day that a posted notice is otherwise
282 required under this section. If When broadcast notice is
283 provided, the notice and agenda must be broadcast in a manner
284 and for a sufficient continuous length of time so as to allow an
285 average reader to observe the notice and read and comprehend the
286 entire content of the notice and the agenda. Notice of any
287 meeting in which regular or special assessments against unit
288 owners are to be considered for any reason must shall
289 specifically state that assessments will be considered and
290 provide the nature, estimated cost, and description of the
291 purposes for such assessments.
292 2. Meetings of a committee to take final action on behalf
293 of the board or make recommendations to the board regarding the
294 association budget are subject to the provisions of this
295 paragraph. Meetings of a committee that does not take final
296 action on behalf of the board or make recommendations to the
297 board regarding the association budget are subject to the
298 provisions of this section, unless those meetings are exempted
299 from this section by the bylaws of the association.
300 3. Notwithstanding any other law, the requirement that
301 board meetings and committee meetings be open to the unit owners
302 does not apply is inapplicable to:
303 a. Meetings between the board or a committee and the
304 association’s attorney, with respect to proposed or pending
305 litigation, if when the meeting is held for the purpose of
306 seeking or rendering legal advice; or
307 b. Board meetings held for the purpose of discussing
308 personnel matters.
309 (d) Unit owner meetings.—
310 1. An annual meeting of the unit owners shall be held at
311 the location provided in the association bylaws and, if the
312 bylaws are silent as to the location, the meeting shall be held
313 within 45 miles of the condominium property. However, such
314 distance requirement does not apply to an association governing
315 a timeshare condominium.
316 2. Unless the bylaws provide otherwise, a vacancy on the
317 board caused by the expiration of a director’s term shall be
318 filled by electing a new board member, and the election must be
319 by secret ballot. An election is not required However, if the
320 number of vacancies equals or exceeds the number of candidates,
321 an election is not required. For purposes of this paragraph, the
322 term “candidate” means an eligible person who has timely
323 submitted the written notice, as described in sub-subparagraph
324 4.a., of his or her intention to become a candidate. Except in a
325 timeshare condominium, or if the staggered term of a board
326 member does not expire until a later annual meeting, or if all
327 members terms would otherwise expire but there are no
328 candidates, the terms of all board members of the board expire
329 at the annual meeting, and such board members may stand for
330 reelection unless prohibited otherwise permitted by the bylaws.
331 If the bylaws permit staggered terms of no more than 2 years and
332 upon approval of a majority of the total voting interests, the
333 association board members may serve 2-year staggered terms. If
334 the number of board members whose terms expire at the annual
335 meeting equals or have expired exceeds the number of candidates,
336 the candidates become members of the board effective upon the
337 adjournment of the annual meeting. Unless the bylaws provide
338 otherwise, any remaining vacancies shall be filled by the
339 affirmative vote of the majority of the directors making up the
340 newly constituted board even if the directors constitute less
341 than a quorum or there is only one director eligible members
342 showing interest in or demonstrating an intention to run for the
343 vacant positions, each board member whose term has expired is
344 eligible for reappointment to the board of administration and
345 need not stand for reelection. In a condominium association of
346 more than 10 units or in a condominium association that does not
347 include timeshare units or timeshare interests, coowners of a
348 unit may not serve as members of the board of directors at the
349 same time unless they own more than one unit or unless there are
350 not enough eligible candidates to fill the vacancies on the
351 board at the time of the vacancy. Any unit owner desiring to be
352 a candidate for board membership must comply with sub
353 subparagraph 4.a. and must be eligible to serve on the board of
354 directors at the time of the deadline for submitting a notice of
355 intent to run, and continuously thereafter, in order to have his
356 or her name listed as a proper candidate on the ballot or to
357 serve on the board 3.a. A person who has been suspended or
358 removed by the division under this chapter, or who is delinquent
359 in the payment of any fee, fine, or special or regular
360 assessment as provided in paragraph (n), is not eligible for
361 board membership. A person who has been convicted of any felony
362 in this state or in a United States District or Territorial
363 Court, or who has been convicted of any offense in another
364 jurisdiction which that would be considered a felony if
365 committed in this state, is not eligible for board membership
366 unless such felon’s civil rights have been restored for at least
367 5 years as of the date on which such person seeks election to
368 the board. The validity of an action by the board is not
369 affected if it is later determined that a board member of the
370 board is ineligible for board membership due to having been
371 convicted of a felony.
372 3.2. The bylaws must provide the method of calling meetings
373 of unit owners, including annual meetings. Written notice, which
374 must include an agenda, must shall be mailed, hand delivered, or
375 electronically transmitted to each unit owner at least 14 days
376 before the annual meeting, and must be posted in a conspicuous
377 place on the condominium property at least 14 continuous days
378 before preceding the annual meeting. Upon notice to the unit
379 owners, the board shall, by duly adopted rule, designate a
380 specific location on the condominium property or association
381 property where upon which all notices of unit owner meetings
382 shall be posted. This requirement does not apply However, if
383 there is no condominium property or association property for
384 posting upon which notices can be posted, this requirement does
385 not apply. In lieu of, or in addition to, the physical posting
386 of meeting notices, the association may, by reasonable rule,
387 adopt a procedure for conspicuously posting and repeatedly
388 broadcasting the notice and the agenda on a closed-circuit cable
389 television system serving the condominium association. However,
390 if broadcast notice is used in lieu of a notice posted
391 physically on the condominium property, the notice and agenda
392 must be broadcast at least four times every broadcast hour of
393 each day that a posted notice is otherwise required under this
394 section. If broadcast notice is provided, the notice and agenda
395 must be broadcast in a manner and for a sufficient continuous
396 length of time so as to allow an average reader to observe the
397 notice and read and comprehend the entire content of the notice
398 and the agenda. Unless a unit owner waives in writing the right
399 to receive notice of the annual meeting, such notice must be
400 hand delivered, mailed, or electronically transmitted to each
401 unit owner. Notice for meetings and notice for all other
402 purposes must be mailed to each unit owner at the address last
403 furnished to the association by the unit owner, or hand
404 delivered to each unit owner. However, if a unit is owned by
405 more than one person, the association must shall provide notice,
406 for meetings and all other purposes, to the that one address
407 that which the developer initially identifies for that purpose
408 and thereafter as one or more of the owners of the unit shall
409 advise the association in writing, or if no address is given or
410 the owners of the unit do not agree, to the address provided on
411 the deed of record. An officer of the association, or the
412 manager or other person providing notice of the association
413 meeting, must shall provide an affidavit or United States Postal
414 Service certificate of mailing, to be included in the official
415 records of the association affirming that the notice was mailed
416 or hand delivered, in accordance with this provision.
417 4.3. The members of the board shall be elected by written
418 ballot or voting machine. Proxies may not be used in electing
419 the board in general elections or elections to fill vacancies
420 caused by recall, resignation, or otherwise, unless otherwise
421 provided in this chapter.
422 a. At least 60 days before a scheduled election, the
423 association shall mail, deliver, or electronically transmit,
424 whether by separate association mailing or included in another
425 association mailing, delivery, or transmission, including
426 regularly published newsletters, to each unit owner entitled to
427 a vote, a first notice of the date of the election. Any unit
428 owner or other eligible person desiring to be a candidate for
429 the board must give written notice of his or her intent to be a
430 candidate to the association at least 40 days before a scheduled
431 election. Together with the written notice and agenda as set
432 forth in subparagraph 3. 2., the association shall mail,
433 deliver, or electronically transmit a second notice of the
434 election to all unit owners entitled to vote, together with a
435 ballot that lists all candidates. Upon request of a candidate,
436 an information sheet, no larger than 8 1/2 inches by 11 inches,
437 which must be furnished by the candidate at least 35 days before
438 the election, must be included with the mailing, delivery, or
439 transmission of the ballot, with the costs of mailing, delivery,
440 or electronic transmission and copying to be borne by the
441 association. The association is not liable for the contents of
442 the information sheets prepared by the candidates. In order to
443 reduce costs, the association may print or duplicate the
444 information sheets on both sides of the paper. The division
445 shall by rule establish voting procedures consistent with this
446 sub-subparagraph, including rules establishing procedures for
447 giving notice by electronic transmission and rules providing for
448 the secrecy of ballots. Elections shall be decided by a
449 plurality of those ballots cast. There is no quorum requirement;
450 however, at least 20 percent of the eligible voters must cast a
451 ballot in order to have a valid election of members of the
452 board. A unit owner may not permit any other person to vote his
453 or her ballot, and any ballots improperly cast are invalid. A,
454 provided any unit owner who violates this provision may be fined
455 by the association in accordance with s. 718.303. A unit owner
456 who needs assistance in casting the ballot for the reasons
457 stated in s. 101.051 may obtain such assistance. The regular
458 election must occur on the date of the annual meeting. This sub
459 subparagraph does not apply to timeshare condominium
460 associations. Notwithstanding this sub-subparagraph, an election
461 is not required unless more candidates file notices of intent to
462 run or are nominated than board vacancies exist.
463 b. Within 90 days after being elected or appointed to the
464 board, each newly elected or appointed director shall certify in
465 writing to the secretary of the association that he or she has
466 read the association’s declaration of condominium, articles of
467 incorporation, bylaws, and current written policies; that he or
468 she will work to uphold such documents and policies to the best
469 of his or her ability; and that he or she will faithfully
470 discharge his or her fiduciary responsibility to the
471 association’s members. In lieu of this written certification,
472 within 90 days after being elected or appointed to the board,
473 the newly elected or appointed director may submit a certificate
474 of having satisfactorily completed satisfactory completion of
475 the educational curriculum administered by a division-approved
476 condominium education provider within 1 year before or 90 days
477 after the date of election or appointment. The written
478 certification or educational certificate is valid and does not
479 have to be resubmitted as long as the director serves on the
480 board without interruption. A director who fails to timely file
481 the written certification or educational certificate is
482 suspended from service on the board until he or she complies
483 with this sub-subparagraph. The board may temporarily fill the
484 vacancy during the period of suspension. The secretary shall
485 cause the association to retain a director’s written
486 certification or educational certificate for inspection by the
487 members for 5 years after a director’s election. Failure to have
488 such written certification or educational certificate on file
489 does not affect the validity of any board action. This chapter
490 does not limit the use of general or limited proxies, require
491 the use of general or limited proxies, or require the use of a
492 written ballot or voting machine for any agenda item or election
493 at any meeting of a timeshare condominium association.
494 5.4. Any approval by unit owners called for by this chapter
495 or the applicable declaration or bylaws, including, but not
496 limited to, the approval requirement in s. 718.111(8), must
497 shall be made at a duly noticed meeting of unit owners and is
498 subject to all requirements of this chapter or the applicable
499 condominium documents relating to unit owner decisionmaking,
500 except that unit owners may take action by written agreement,
501 without meetings, on matters for which action by written
502 agreement without meetings is expressly allowed by the
503 applicable bylaws or declaration or any law statute that
504 provides for such action.
505 6.5. Unit owners may waive notice of specific meetings if
506 allowed by the applicable bylaws or declaration or any law
507 statute. If authorized by the bylaws, notice of meetings of the
508 board of administration, unit owner meetings, except unit owner
509 meetings called to recall board members under paragraph (j), and
510 committee meetings may be given by electronic transmission to
511 unit owners who consent to receive notice by electronic
512 transmission.
513 7.6. Unit owners shall have the right to participate in
514 meetings of unit owners with reference to all designated agenda
515 items. However, the association may adopt reasonable rules
516 governing the frequency, duration, and manner of unit owner
517 participation.
518 8.7. A Any unit owner may tape record or videotape a
519 meeting of the unit owners subject to reasonable rules adopted
520 by the division.
521 9.8. Unless otherwise provided in the bylaws, any vacancy
522 occurring on the board before the expiration of a term may be
523 filled by the affirmative vote of the majority of the remaining
524 directors, even if the remaining directors constitute less than
525 a quorum, or by the sole remaining director. In the alternative,
526 a board may hold an election to fill the vacancy, in which case
527 the election procedures must conform to the requirements of sub
528 subparagraph 4.a. 3.a. unless the association governs 10 units
529 or fewer and has opted out of the statutory election process, in
530 which case the bylaws of the association control. Unless
531 otherwise provided in the bylaws, a board member appointed or
532 elected under this section shall fill the vacancy for the
533 unexpired term of the seat being filled. Filling vacancies
534 created by recall is governed by paragraph (j) and rules adopted
535 by the division.
536
537 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
538 (d)3.a., an association of 10 or fewer units may, by affirmative
539 vote of a majority of the total voting interests, provide for
540 different voting and election procedures in its bylaws, which
541 vote may be by a proxy specifically delineating the different
542 voting and election procedures. The different voting and
543 election procedures may provide for elections to be conducted by
544 limited or general proxy.
545 Section 3. Section 718.114, Florida Statutes, is amended to
546 read:
547 718.114 Association powers.—An association may has the
548 power to enter into agreements, to acquire leaseholds,
549 memberships, and other possessory or use interests in lands or
550 facilities such as country clubs, golf courses, marinas, and
551 other recreational facilities,. It has this power whether or not
552 the lands or facilities are contiguous to the lands of the
553 condominium, if such lands and facilities they are intended to
554 provide enjoyment, recreation, or other use or benefit to the
555 unit owners. All of these leaseholds, memberships, and other
556 possessory or use interests existing or created at the time of
557 recording the declaration must be stated and fully described in
558 the declaration. Subsequent to the recording of the declaration,
559 agreements acquiring these leaseholds, memberships, or other
560 possessory or use interests which are not entered into within 12
561 months following the recording of the declaration are shall be
562 considered a material alteration or substantial addition to the
563 real property that is association property, and the association
564 may not acquire or enter into such agreements acquiring these
565 leaseholds, memberships, or other possessory or use interests
566 except upon a vote of, or written consent by, a majority of the
567 total voting interests or as authorized by the declaration as
568 provided in s. 718.113. The declaration may provide that the
569 rental, membership fees, operations, replacements, and other
570 expenses are common expenses and may impose covenants and
571 restrictions concerning their use and may contain other
572 provisions not inconsistent with this chapter. A condominium
573 association may conduct bingo games as provided in s. 849.0931.
574 Section 4. Subsection (3), paragraph (b) of subsection (5),
575 and subsection (11) of section 718.116, Florida Statutes, are
576 amended to read:
577 718.116 Assessments; liability; lien and priority;
578 interest; collection.—
579 (3) Assessments and installments on assessments which are
580 not paid when due bear interest at the rate provided in the
581 declaration, from the due date until paid. The This rate may not
582 exceed the rate allowed by law, and, if no rate is provided in
583 the declaration, interest accrues at the rate of 18 percent per
584 year. Also, If provided by the declaration or bylaws, the
585 association may, in addition to such interest, charge an
586 administrative late fee of up to the greater of $25 or 5 percent
587 of each installment of the assessment for each delinquent
588 installment for which the payment is late. The association may
589 also charge for reasonable expenses incurred by the association
590 for collection services that are reasonably related to the
591 collection of the delinquent account rendered by a community
592 association manager or community association management firm, as
593 specified in a written agreement with such community association
594 manager or firm, and payable to the community association
595 manager or firm as a liquidated sum. Any payment received by an
596 association must be applied first to any interest accrued by the
597 association, then to any administrative late fee, then to
598 expenses for collection services, then to any costs and
599 reasonable attorney’s fees incurred in collection, and then to
600 the delinquent assessment. The foregoing is applicable
601 notwithstanding any restrictive endorsement, designation, or
602 instruction placed on or accompanying a payment. A late fee is
603 not subject to chapter 687 or s. 718.303(4) 718.303(3).
604 (5)
605 (b) To be valid, a claim of lien must state the description
606 of the condominium parcel, the name of the record owner, the
607 name and address of the association, the amount due, and the due
608 dates. It must be executed and acknowledged by an officer or
609 authorized agent of the association. The lien is not effective
610 longer than 1 year after the claim of lien was recorded unless,
611 within that time, an action to enforce the lien is commenced.
612 The 1-year period is automatically extended for any length of
613 time during which the association is prevented from filing a
614 foreclosure action by an automatic stay resulting from a
615 bankruptcy petition filed by the parcel owner or any other
616 person claiming an interest in the parcel. The claim of lien
617 secures all unpaid assessments that are due and that may accrue
618 after the claim of lien is recorded and through the entry of a
619 final judgment, as well as interest and all reasonable costs and
620 attorney’s fees incurred by the association incident to the
621 collection process. The claim of lien also secures reasonable
622 expenses for collection services incurred before filing a claim
623 as provided in subsection (3). Upon payment in full, the person
624 making the payment is entitled to a satisfaction of the lien.
625
626 After notice of contest of lien has been recorded, the clerk of
627 the circuit court shall mail a copy of the recorded notice to
628 the association by certified mail, return receipt requested, at
629 the address shown in the claim of lien or most recent amendment
630 to it and shall certify to the service on the face of the
631 notice. Service is complete upon mailing. After service, the
632 association has 90 days in which to file an action to enforce
633 the lien; and, if the action is not filed within the 90-day
634 period, the lien is void. However, the 90-day period shall be
635 extended for any length of time during which that the
636 association is prevented from filing its action because of an
637 automatic stay resulting from the filing of a bankruptcy
638 petition by the unit owner or by any other person claiming an
639 interest in the parcel.
640 (11) If the unit is occupied by a tenant and the unit owner
641 is delinquent in paying any monetary obligation due to the
642 association, the association may make a written demand that the
643 tenant pay rent to the association the future monetary
644 obligations related to the condominium unit to the association,
645 and continue to the tenant must make such payments until all
646 monetary obligations of the unit owner related to the unit have
647 been paid in full to the association payment. The demand is
648 continuing in nature and, upon demand, The tenant must pay rent
649 the monetary obligations to the association until the
650 association releases the tenant or the tenant discontinues
651 tenancy in the unit. The association must mail written notice to
652 the unit owner of the association’s demand that the tenant make
653 payments to the association. The association shall, upon
654 request, provide the tenant with written receipts for payments
655 made. A tenant who acts in good faith in response to a written
656 demand from an association is immune from any claim by from the
657 unit owner related to the rent once the association has made
658 written demand. Any payment received from a tenant must be
659 applied to the unit owner’s oldest delinquent monetary
660 obligation.
661 (a) If the tenant paid prepaid rent to the unit owner for a
662 given rental period before receiving the demand from the
663 association and provides written evidence of prepaying paying
664 the rent to the association within 14 days after receiving the
665 demand, the tenant shall receive credit for the prepaid rent for
666 the applicable period but and must make any subsequent rental
667 payments to the association to be credited against the monetary
668 obligations of the unit owner to the association.
669 (b) The tenant is not liable for increases in the amount of
670 the monetary obligations due unless the tenant was notified in
671 writing of the increase at least 10 days before the date the
672 rent is due. The liability of the tenant may not exceed the
673 amount due from the tenant to the tenant’s landlord. The
674 tenant’s landlord shall provide the tenant a credit against
675 rents due to the unit owner in the amount of moneys paid to the
676 association under this section.
677 (c) The association may issue notices under s. 83.56 and
678 may sue for eviction under ss. 83.59-83.625 as if the
679 association were a landlord under part II of chapter 83 if the
680 tenant fails to pay a required payment to the association.
681 However, the association is not otherwise considered a landlord
682 under chapter 83 and specifically has no obligations duties
683 under s. 83.51.
684 (d) The tenant does not, by virtue of payment of rent
685 monetary obligations to the association, have any of the rights
686 of a unit owner to vote in any election or to examine the books
687 and records of the association.
688 (e) A court may supersede the effect of this subsection by
689 appointing a receiver.
690 Section 5. Subsections (3), (4), and (11), paragraphs (a)
691 and (d) of subsection (12), subsection (14), paragraph (a) of
692 subsection (17), and subsections (18) and (19) of section
693 718.117, Florida Statutes, are amended to read:
694 718.117 Termination of condominium.—
695 (3) OPTIONAL TERMINATION.—Except as provided in subsection
696 (2) or unless the declaration provides for a lower percentage,
697 the condominium form of ownership of the property may be
698 terminated for all or a portion of the condominium property
699 pursuant to a plan of termination approved by at least 80
700 percent of the total voting interests of the condominium if no
701 not more than 10 percent of the total voting interests of the
702 condominium have rejected the plan of termination by negative
703 vote or by providing written objections thereto. This subsection
704 does not apply to condominiums in which 75 percent or more of
705 the units are timeshare units.
706 (4) EXEMPTION.—A plan of termination is not an amendment
707 subject to s. 718.110(4). In a partial termination, a plan of
708 termination is not an amendment subject to s. 718.110(4) if the
709 ownership share of the common elements of a surviving unit in
710 the condominium remains in the same proportion to the surviving
711 units as it was before the partial termination.
712 (11) PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
713 TERMINATION.—
714 (a) The plan of termination may provide that each unit
715 owner retains the exclusive right of possession to the portion
716 of the real estate which that formerly constituted the unit if,
717 in which case the plan specifies must specify the conditions of
718 possession. In a partial termination, the plan of termination as
719 specified in subsection (10) must also identify the units that
720 survive the partial termination and provide that such units
721 remain in the condominium form of ownership pursuant to an
722 amendment to the declaration of condominium or an amended and
723 restated declaration. In a partial termination, title to the
724 surviving units and common elements that remain part of the
725 condominium property specified in the plan of termination remain
726 vested in the ownership shown in the public records and do not
727 vest in the termination trustee.
728 (b) In a conditional termination, the plan must specify the
729 conditions for termination. A conditional plan does not vest
730 title in the termination trustee until the plan and a
731 certificate executed by the association with the formalities of
732 a deed, confirming that the conditions in the conditional plan
733 have been satisfied or waived by the requisite percentage of the
734 voting interests, have been recorded. In a partial termination,
735 the plan does not vest title to the surviving units or common
736 elements that remain part of the condominium property in the
737 termination trustee.
738 (12) ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
739 PROPERTY.—
740 (a) Unless the declaration expressly provides for the
741 allocation of the proceeds of sale of condominium property, the
742 plan of termination must first apportion the proceeds between
743 the aggregate value of all units and the value of the common
744 elements, based on their respective fair market values
745 immediately before the termination, as determined by one or more
746 independent appraisers selected by the association or
747 termination trustee. In a partial termination, the aggregate
748 values of the units and common elements that are being
749 terminated must be separately determined, and the plan of
750 termination must specify the allocation of the proceeds of sale
751 for the units and common elements.
752 (d) Liens that encumber a unit shall be transferred to the
753 proceeds of sale of the condominium property and the proceeds of
754 sale or other distribution of association property, common
755 surplus, or other association assets attributable to such unit
756 in their same priority. In a partial termination, liens that
757 encumber a unit being terminated must be transferred to the
758 proceeds of sale of that portion of the condominium property
759 being terminated which are attributable to such unit. The
760 proceeds of any sale of condominium property pursuant to a plan
761 of termination may not be deemed to be common surplus or
762 association property.
763 (14) TITLE VESTED IN TERMINATION TRUSTEE.—If termination is
764 pursuant to a plan of termination under subsection (2) or
765 subsection (3), the unit owners’ rights and title to as tenants
766 in common in undivided interests in the condominium property
767 being terminated vests vest in the termination trustee when the
768 plan is recorded or at a later date specified in the plan. The
769 unit owners thereafter become the beneficiaries of the proceeds
770 realized from the plan of termination as set forth in the plan.
771 The termination trustee may deal with the condominium property
772 being terminated or any interest therein if the plan confers on
773 the trustee the authority to protect, conserve, manage, sell, or
774 dispose of the condominium property. The trustee, on behalf of
775 the unit owners, may contract for the sale of real property
776 being terminated, but the contract is not binding on the unit
777 owners until the plan is approved pursuant to subsection (2) or
778 subsection (3).
779 (17) DISTRIBUTION.—
780 (a) Following termination of the condominium, the
781 condominium property, association property, common surplus, and
782 other assets of the association shall be held by the termination
783 trustee pursuant to the plan of termination, as trustee for unit
784 owners and holders of liens on the units, in their order of
785 priority unless otherwise set forth in the plan of termination.
786 (18) ASSOCIATION STATUS.—The termination of a condominium
787 does not change the corporate status of the association that
788 operated the condominium property. The association continues to
789 exist to conclude its affairs, prosecute and defend actions by
790 or against it, collect and discharge obligations, dispose of and
791 convey its property, and collect and divide its assets, but not
792 to act except as necessary to conclude its affairs. In a partial
793 termination, the association may continue as the condominium
794 association for the property that remains subject to the
795 declaration of condominium.
796 (19) CREATION OF ANOTHER CONDOMINIUM.—The termination or
797 partial termination of a condominium does not bar the filing of
798 a new declaration of condominium or an amended and restated
799 declaration of condominium by the termination trustee, or the
800 trustee’s successor in interest, for the terminated property or
801 affecting any portion thereof of the same property. The partial
802 termination of a condominium may provide for the simultaneous
803 filing of an amendment to the declaration of condominium or an
804 amended and restated declaration of condominium by the
805 condominium association for any portion of the property not
806 terminated from the condominium form of ownership.
807 Section 6. Subsections (3), (4), and (5) of section
808 718.303, Florida Statutes, are amended, and subsection (6) is
809 added to that section, to read:
810 718.303 Obligations of owners and occupants; remedies.—
811 (3) If a unit owner is delinquent for more than 90 days in
812 paying a monetary obligation due to the association, the
813 association may suspend the right of a unit owner or a unit’s
814 occupant, licensee, or invitee to use common elements, common
815 facilities, or any other association property until the monetary
816 obligation is paid. This subsection does not apply to limited
817 common elements intended to be used only by that unit, common
818 elements that must be used to access the unit, utility services
819 provided to the unit, parking spaces, or elevators. The
820 association may also levy reasonable fines for the failure of
821 the owner of the unit, or its occupant, licensee, or invitee, to
822 comply with any provision of the declaration, the association
823 bylaws, or reasonable rules of the association. A fine may does
824 not become a lien against a unit. A fine may not exceed $100 per
825 violation. However, A fine may be levied on the basis of each
826 day of a continuing violation, with a single notice and
827 opportunity for hearing. However, the fine may not exceed $100
828 per violation, or $1,000 in the aggregate exceed $1,000.
829 (a) An association may suspend, for a reasonable period of
830 time, the right of a unit owner, or a unit owner’s tenant,
831 guest, or invitee, to use the common elements, common
832 facilities, or any other association property for failure to
833 comply with any provision of the declaration, the association
834 bylaws, or reasonable rules of the association.
835 (b) A fine or suspension may not be imposed levied and a
836 suspension may not be imposed unless the association first
837 provides at least 14 days’ written notice and an opportunity for
838 a hearing to the unit owner and, if applicable, its occupant,
839 licensee, or invitee. The hearing must be held before a
840 committee of other unit owners who are neither board members nor
841 persons residing in a board member’s household. If the committee
842 does not agree with the fine or suspension, the fine or
843 suspension may not be levied or imposed.
844 (4) If a unit owner is more than 90 days delinquent in
845 paying a monetary obligation due to the association, the
846 association may suspend the right of the unit owner or the
847 unit’s occupant, licensee, or invitee to use common elements,
848 common facilities, or any other association property until the
849 monetary obligation is paid in full. This subsection does not
850 apply to limited common elements intended to be used only by
851 that unit, common elements needed to access the unit, utility
852 services provided to the unit, parking spaces, or elevators. The
853 notice and hearing requirements under subsection (3) do not
854 apply to suspensions imposed under this subsection.
855 (4) The notice and hearing requirements of subsection (3)
856 do not apply to the imposition of suspensions or fines against a
857 unit owner or a unit’s occupant, licensee, or invitee because of
858 failing to pay any amounts due the association. If such a fine
859 or suspension is imposed, the association must levy the fine or
860 impose a reasonable suspension at a properly noticed board
861 meeting, and after the imposition of such fine or suspension,
862 the association must notify the unit owner and, if applicable,
863 the unit’s occupant, licensee, or invitee by mail or hand
864 delivery.
865 (5) An association may also suspend the voting rights of a
866 member due to nonpayment of any monetary obligation due to the
867 association which is more than 90 days delinquent. If a member’s
868 voting rights are suspended, that member’s suspension may not
869 count for or against a proposed question. The suspension ends
870 upon full payment of all obligations currently due or overdue
871 the association. The notice and hearing requirements under
872 subsection (3) do not apply to a suspension imposed under this
873 subsection.
874 (6) All suspensions imposed pursuant to subsection (4) or
875 subsection (5) must be approved at a properly noticed board
876 meeting. Upon approval, the association must notify the unit
877 owner and, if applicable, the unit’s occupant, licensee, or
878 invitee by mail or hand delivery.
879 Section 7. Section 718.703, Florida Statutes, is amended to
880 read:
881 718.703 Definitions.—As used in this part, the term:
882 (1) “Bulk assignee” means a person who is not a bulk buyer
883 and who:
884 (a) Acquires more than seven condominium parcels in a
885 single condominium as set forth in s. 718.707; and
886 (b) Receives an assignment of any of the developer rights,
887 other than or in addition to those rights described in
888 subsection (2), some or all of the rights of the developer as
889 set forth in the declaration of condominium or this chapter: by
890 1. By a written instrument recorded as part of or as an
891 exhibit to the deed; or as
892 2. By a separate instrument recorded in the public records
893 of the county in which the condominium is located; or
894 3. Pursuant to a final judgment or certificate of title
895 issued in favor of a purchaser at a foreclosure sale.
896
897 A mortgagee or its assignee may not be deemed a bulk assignee or
898 a developer by reason of the acquisition of condominium units
899 and receipt of an assignment of some or all of a developer
900 rights unless the mortgagee or its assignee exercises any of the
901 developer rights other than those described in subsection (2).
902 (2) “Bulk buyer” means a person who acquires more than
903 seven condominium parcels in a single condominium as set forth
904 in s. 718.707, but who does not receive an assignment of any
905 developer rights, or receives only some or all of the following
906 rights: other than
907 (a) The right to conduct sales, leasing, and marketing
908 activities within the condominium;
909 (b) The right to be exempt from the payment of working
910 capital contributions to the condominium association arising out
911 of, or in connection with, the bulk buyer’s acquisition of the a
912 bulk number of units; and
913 (c) The right to be exempt from any rights of first refusal
914 which may be held by the condominium association and would
915 otherwise be applicable to subsequent transfers of title from
916 the bulk buyer to a third party purchaser concerning one or more
917 units.
918 Section 8. Section 718.704, Florida Statutes, is amended to
919 read:
920 718.704 Assignment and assumption of developer rights by
921 bulk assignee; bulk buyer.—
922 (1) A bulk assignee is deemed to have assumed assumes and
923 is liable for all duties and responsibilities of the developer
924 under the declaration and this chapter upon its acquisition of
925 title to units and continuously thereafter, except that it is
926 not liable for:
927 (a) Warranties of the developer under s. 718.203(1) or s.
928 718.618, except as expressly provided by the bulk assignee in a
929 prospectus or offering circular, or the contract for purchase
930 and sale executed with a purchaser, or for design, construction,
931 development, or repair work performed by or on behalf of the
932 such bulk assignee.;
933 (b) The obligation to:
934 1. Fund converter reserves under s. 718.618 for a unit that
935 was not acquired by the bulk assignee; or
936 2. Provide implied converter warranties on any portion of
937 the condominium property except as expressly provided by the
938 bulk assignee in a prospectus or offering circular, or the
939 contract for purchase and sale executed with a purchaser, or for
940 and pertaining to any design, construction, development, or
941 repair work performed by or on behalf of the bulk assignee.;
942 (c) The requirement to provide the association with a
943 cumulative audit of the association’s finances from the date of
944 formation of the condominium association as required by s.
945 718.301(4)(c). However, the bulk assignee must provide an audit
946 for the period during which the bulk assignee elects or appoints
947 a majority of the members of the board of administration.;
948 (d) Any liability arising out of or in connection with
949 actions taken by the board of administration or the developer
950 appointed directors before the bulk assignee elects or appoints
951 a majority of the members of the board of administration.; and
952 (e) Any liability for or arising out of the developer’s
953 failure to fund previous assessments or to resolve budgetary
954 deficits in relation to a developer’s right to guarantee
955 assessments, except as otherwise provided in subsection (2).
956
957 The bulk assignee is also responsible only for delivering
958 documents and materials in accordance with s. 718.705(3). A bulk
959 assignee may expressly assume some or all of the developer
960 obligations of the developer described in paragraphs (a)-(e).
961 (2) A bulk assignee assigned the developer right receiving
962 the assignment of the rights of the developer to guarantee the
963 level of assessments and fund budgetary deficits pursuant to s.
964 718.116 assumes and is liable for all obligations of the
965 developer with respect to such guarantee upon its acquisition of
966 title to the units and continuously thereafter, including any
967 applicable funding of reserves to the extent required by law,
968 for as long as the guarantee remains in effect. A bulk assignee
969 not receiving such assignment, or a bulk buyer, does not assume
970 and is not liable for the obligations of the developer with
971 respect to such guarantee, but is responsible for payment of
972 assessments due on or after acquisition of the units in the same
973 manner as all other owners of condominium parcels or as
974 otherwise provided in s. 718.116.
975 (3) A bulk buyer is liable for the duties and
976 responsibilities of a the developer under the declaration and
977 this chapter only to the extent that such provided in this part,
978 together with any other duties or responsibilities are of the
979 developer expressly assumed in writing by the bulk buyer.
980 (4) An acquirer of condominium parcels is not a bulk
981 assignee or a bulk buyer if the transfer to such acquirer was
982 made:
983 (a) Before the effective date of this part;
984 (b) With the intent to hinder, delay, or defraud any
985 purchaser, unit owner, or the association;, or if the acquirer
986 is
987 (c) By a person who would be considered an insider under s.
988 726.102(7).
989 (5) An assignment of developer rights to a bulk assignee
990 may be made by a the developer, a previous bulk assignee, a
991 mortgagee or assignee who has acquired title to the units and
992 received an assignment of rights, or a court acting on behalf of
993 the developer or the previous bulk assignee if such developer
994 rights are held by the predecessor in title to the bulk
995 assignee. At any particular time, there may not be no more than
996 one bulk assignee within a condominium; however, but there may
997 be more than one bulk buyer. If more than one acquirer of
998 condominium parcels in the same condominium receives an
999 assignment of developer rights in addition to those rights
1000 described in s. 718.703(2) from the same person, the bulk
1001 assignee is the acquirer whose instrument of assignment is
1002 recorded first in the public records of the county in which the
1003 condominium is located, and any subsequent purported bulk
1004 assignee may still qualify as a bulk buyer.
1005 Section 9. Subsections (1) and (3) of section 718.705,
1006 Florida Statutes, are amended to read:
1007 718.705 Board of administration; transfer of control.—
1008 (1) If at the time the bulk assignee acquires title to the
1009 units and receives an assignment of developer rights, the
1010 developer has not relinquished control of the board of
1011 administration, for purposes of determining the timing for
1012 transfer of control of the board of administration of the
1013 association to unit owners other than the developer under s.
1014 718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
1015 majority of the members of the board, a condominium parcel
1016 acquired by the bulk assignee is not deemed to be conveyed to a
1017 purchaser, or owned by an owner other than the developer, until
1018 the condominium parcel is conveyed to an owner who is not a bulk
1019 assignee.
1020 (3) If a bulk assignee relinquishes control of the board of
1021 administration as set forth in s. 718.301, the bulk assignee
1022 must deliver all of those items required by s. 718.301(4).
1023 However, the bulk assignee is not required to deliver items and
1024 documents not in the possession of the bulk assignee if some
1025 items were or should have been in existence before the bulk
1026 assignee’s acquisition of the units during the period during
1027 which the bulk assignee was entitled to elect at least a
1028 majority of the members of the board of administration. In
1029 conjunction with the acquisition of units condominium parcels, a
1030 bulk assignee shall undertake a good faith effort to obtain the
1031 documents and materials that must be provided to the association
1032 pursuant to s. 718.301(4). If the bulk assignee is not able to
1033 obtain all of such documents and materials, the bulk assignee
1034 must certify in writing to the association the names or
1035 descriptions of the documents and materials that were not
1036 obtainable by the bulk assignee. Delivery of the certificate
1037 relieves the bulk assignee of responsibility for delivering the
1038 documents and materials referenced in the certificate as
1039 otherwise required under ss. 718.112 and 718.301 and this part.
1040 The responsibility of the bulk assignee for the audit required
1041 by s. 718.301(4) commences as of the date on which the bulk
1042 assignee elected or appointed a majority of the members of the
1043 board of administration.
1044 Section 10. Section 718.706, Florida Statutes, is amended
1045 to read:
1046 718.706 Specific provisions pertaining to offering of units
1047 by a bulk assignee or bulk buyer.—
1048 (1) Before offering more than seven any units in a single
1049 condominium for sale or for lease for a term exceeding 5 years,
1050 a bulk assignee or a bulk buyer must file the following
1051 documents with the division and provide such documents to a
1052 prospective purchaser or tenant:
1053 (a) An updated prospectus or offering circular, or a
1054 supplement to the prospectus or offering circular, filed by the
1055 original developer prepared in accordance with s. 718.504, which
1056 must include the form of contract for sale and for lease in
1057 compliance with s. 718.503(2);
1058 (b) An updated Frequently Asked Questions and Answers
1059 sheet;
1060 (c) The executed escrow agreement if required under s.
1061 718.202; and
1062 (d) The financial information required by s. 718.111(13).
1063 However, if a financial information report did does not exist
1064 for the fiscal year before the acquisition of title by the bulk
1065 assignee or bulk buyer, and if or accounting records that cannot
1066 be obtained in good faith by the bulk assignee or the bulk buyer
1067 which would permit preparation of the required financial
1068 information report for that period cannot be obtained despite
1069 good faith efforts by the bulk assignee or the bulk buyer, the
1070 bulk assignee or bulk buyer is excused from the requirement of
1071 this paragraph. However, the bulk assignee or bulk buyer must
1072 include in the purchase contract the following statement in
1073 conspicuous type:
1074
1075 ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
1076 REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD BEFORE THE
1077 SELLER’S ACQUISITION OF THE UNIT IMMEDIATELY PRECEDING FISCAL
1078 YEAR OF THE ASSOCIATION IS NOT AVAILABLE OR CANNOT BE OBTAINED
1079 DESPITE THE GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO
1080 THE INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
1081
1082 (2) Before offering more than seven any units in a single
1083 condominium for sale or for lease for a term exceeding 5 years,
1084 a bulk assignee or a bulk buyer must file with the division and
1085 provide to a prospective purchaser or tenant under a lease for a
1086 term exceeding 5 years a disclosure statement that includes, but
1087 is not limited to:
1088 (a) A description of any rights of the developer rights
1089 that developer which have been assigned to the bulk assignee or
1090 bulk buyer;
1091 (b) The following statement in conspicuous type:
1092
1093 THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
1094 DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS APPLICABLE,
1095 EXCEPT FOR DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
1096 PERFORMED BY OR ON BEHALF OF THE SELLER; and
1097
1098 (c) If the condominium is a conversion subject to part VI,
1099 the following statement in conspicuous type:
1100
1101 THE SELLER HAS NO OBLIGATION TO FUND CONVERTER RESERVES OR
1102 TO PROVIDE CONVERTER WARRANTIES UNDER S. 718.618 ON ANY PORTION
1103 OF THE CONDOMINIUM PROPERTY EXCEPT AS MAY BE EXPRESSLY REQUIRED
1104 OF THE SELLER IN THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY
1105 THE SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO ANY
1106 DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK PERFORMED BY
1107 OR ON BEHALF OF THE SELLER.
1108
1109 (3) A bulk assignee, while it is in control of the board of
1110 administration of the association, may not authorize, on behalf
1111 of the association:
1112 (a) The waiver of reserves or the reduction of funding of
1113 the reserves pursuant to s. 718.112(2)(f)2., unless approved by
1114 a majority of the voting interests not controlled by the
1115 developer, bulk assignee, and bulk buyer; or
1116 (b) The use of reserve expenditures for other purposes
1117 pursuant to s. 718.112(2)(f)3., unless approved by a majority of
1118 the voting interests not controlled by the developer, bulk
1119 assignee, and bulk buyer.
1120 (4) A bulk assignee or a bulk buyer must comply with all
1121 the requirements of s. 718.302 regarding any contracts entered
1122 into by the association during the period the bulk assignee or
1123 bulk buyer maintains control of the board of administration.
1124 Unit owners shall be provided afforded all of the rights and the
1125 protections contained in s. 718.302 regarding agreements entered
1126 into by the association which are under the control of before
1127 unit owners other than the developer, bulk assignee, or bulk
1128 buyer elected a majority of the board of administration.
1129 (5) Notwithstanding any other provision of this part, a
1130 bulk assignee or a bulk buyer is not required to comply with the
1131 filing or disclosure requirements of subsections (1) and (2) if
1132 all of the units owned by the bulk assignee or bulk buyer are
1133 offered and conveyed to a single purchaser in a single
1134 transaction. A bulk buyer must comply with the requirements
1135 contained in the declaration regarding any transfer of a unit,
1136 including sales, leases, and subleases. A bulk buyer is not
1137 entitled to any exemptions afforded a developer or successor
1138 developer under this chapter regarding the transfer of a unit,
1139 including sales, leases, or subleases.
1140 Section 11. Section 718.707, Florida Statutes, is amended
1141 to read:
1142 718.707 Time limitation for classification as bulk assignee
1143 or bulk buyer.—A person acquiring condominium parcels may not be
1144 classified as a bulk assignee or bulk buyer unless the
1145 condominium parcels were acquired on or after July 1, 2010, but
1146 before July 1, 2012. The date of such acquisition shall be
1147 determined by the date of recording of a deed or other
1148 instrument of conveyance for such parcels in the public records
1149 of the county in which the condominium is located, or by the
1150 date of issuing issuance of a certificate of title in a
1151 foreclosure proceeding with respect to such condominium parcels.
1152 Section 12. Subsections (3), (4), and (10) of section
1153 719.108, Florida Statutes, is amended to read:
1154 719.108 Rents and assessments; liability; lien and
1155 priority; interest; collection; cooperative ownership.—
1156 (3) Rents and assessments, and installments on them, not
1157 paid when due bear interest at the rate provided in the
1158 cooperative documents from the date due until paid. This rate
1159 may not exceed the rate allowed by law, and, if a rate is not
1160 provided in the cooperative documents, interest accrues at 18
1161 percent per annum. If the cooperative documents or bylaws so
1162 provide, the association may charge an administrative late fee
1163 in addition to such interest, in an amount not to exceed the
1164 greater of $25 or 5 percent of each installment of the
1165 assessment for each delinquent installment that the payment is
1166 late. The association may also charge for reasonable expenses
1167 incurred by the association for collection services that are
1168 reasonably related to the collection of the delinquent account
1169 rendered by a community association manager or community
1170 association management firm, as specified in a written agreement
1171 with such community association manager or firm, and payable to
1172 the community association manager or firm as a liquidated sum.
1173 Any payment received by an association must be applied first to
1174 any interest accrued by the association, then to any
1175 administrative late fee, then to expenses for collection
1176 services, then to any costs and reasonable attorney’s fees
1177 incurred in collection, and then to the delinquent assessment.
1178 The foregoing applies notwithstanding any restrictive
1179 endorsement, designation, or instruction placed on or
1180 accompanying a payment. A late fee is not subject to chapter 687
1181 or s. 719.303(3).
1182 (4) The association has a lien on each cooperative parcel
1183 for any unpaid rents and assessments, plus interest, and any
1184 authorized administrative late fees. The claim of lien also
1185 secures reasonable expenses for collection services incurred
1186 before filing a claim as provided in subsection (3), and any
1187 reasonable costs for collection services for which the
1188 association has contracted against the unit owner of the
1189 cooperative parcel. If authorized by the cooperative documents,
1190 the lien also secures reasonable attorney’s fees incurred by the
1191 association incident to the collection of the rents and
1192 assessments or enforcement of such lien. The lien is effective
1193 from and after recording a claim of lien in the public records
1194 in the county in which the cooperative parcel is located which
1195 states the description of the cooperative parcel, the name of
1196 the unit owner, the amount due, and the due dates. The lien
1197 expires if a claim of lien is not filed within 1 year after the
1198 date the assessment was due, and the lien does not continue for
1199 longer than 1 year after the claim of lien has been recorded
1200 unless, within that time, an action to enforce the lien is
1201 commenced. Except as otherwise provided in this chapter, a lien
1202 may not be filed by the association against a cooperative parcel
1203 until 30 days after the date on which a notice of intent to file
1204 a lien has been delivered to the owner.
1205 (a) The notice must be sent to the unit owner at the
1206 address of the unit by first-class United States mail and:
1207 1. If the most recent address of the unit owner on the
1208 records of the association is the address of the unit, the
1209 notice must be sent by registered or certified mail, return
1210 receipt requested, to the unit owner at the address of the unit.
1211 2. If the most recent address of the unit owner on the
1212 records of the association is in the United States, but is not
1213 the address of the unit, the notice must be sent by registered
1214 or certified mail, return receipt requested, to the unit owner
1215 at his or her most recent address.
1216 3. If the most recent address of the unit owner on the
1217 records of the association is not in the United States, the
1218 notice must be sent by first-class United States mail to the
1219 unit owner at his or her most recent address.
1220 (b) A notice that is sent pursuant to this subsection is
1221 deemed delivered upon mailing.
1222 (10) If the unit is occupied by a tenant and the unit owner
1223 is delinquent in paying any monetary obligation due to the
1224 association, the association may make a written demand that the
1225 tenant pay rent to the association the future monetary
1226 obligations related to the cooperative share to the association
1227 and continue to the tenant must make such payments until all
1228 monetary obligations of the unit owner related to the unit have
1229 been paid in full to the association payment. The demand is
1230 continuing in nature, and upon demand, The tenant must pay the
1231 rent the monetary obligations to the association until the
1232 association releases the tenant or the tenant discontinues
1233 tenancy in the unit. The association must mail written notice to
1234 the unit owner of the association’s demand that the tenant make
1235 payments to the association. The association shall, upon
1236 request, provide the tenant with written receipts for payments
1237 made. A tenant who acts in good faith in response to a written
1238 demand from an association is immune from any claim by from the
1239 unit owner related to the rent once the association has made
1240 written demand. Any payment received from a tenant by the
1241 association must be applied to the unit owner’s oldest
1242 delinquent monetary obligation.
1243 (a) If the tenant paid prepaid rent to the unit owner for a
1244 given rental period before receiving the demand from the
1245 association and provides written evidence of prepaying paying
1246 the rent to the association within 14 days after receiving the
1247 demand, the tenant shall receive credit for the prepaid rent for
1248 the applicable period but and must make any subsequent rental
1249 payments to the association to be credited against the monetary
1250 obligations of the unit owner to the association.
1251 (b) The tenant is not liable for increases in the amount of
1252 the regular monetary obligations due unless the tenant was
1253 notified in writing of the increase at least 10 days before the
1254 date on which the rent is due. The liability of the tenant may
1255 not exceed the amount due from the tenant to the tenant’s
1256 landlord. The tenant’s landlord shall provide the tenant a
1257 credit against rents due to the unit owner in the amount of
1258 moneys paid to the association under this section.
1259 (c) The association may issue notices under s. 83.56 and
1260 may sue for eviction under ss. 83.59-83.625 as if the
1261 association were a landlord under part II of chapter 83 if the
1262 tenant fails to pay a required payment. However, the association
1263 is not otherwise considered a landlord under chapter 83 and
1264 specifically has no obligations duties under s. 83.51.
1265 (d) The tenant does not, by virtue of payment of monetary
1266 obligations, have any of the rights of a unit owner to vote in
1267 any election or to examine the books and records of the
1268 association.
1269 (e) A court may supersede the effect of this subsection by
1270 appointing a receiver.
1271 Section 13. Subsection (3) of section 719.303, Florida
1272 Statutes, is amended, and subsections (4), (5), and (6) are
1273 added to that section, to read:
1274 719.303 Obligations of owners.—
1275 (3) If the cooperative documents so provide, The
1276 association may levy reasonable fines against a unit owner for
1277 failure of the unit owner or the unit’s occupant, his or her
1278 licensee, or invitee or the unit’s occupant to comply with any
1279 provision of the cooperative documents or reasonable rules of
1280 the association. A fine may not No fine shall become a lien
1281 against a unit. No fine shall exceed $100 per violation.
1282 However, A fine may be levied on the basis of each day of a
1283 continuing violation, with a single notice and opportunity for
1284 hearing. However, the fine may not exceed $100 per violation, or
1285 $1,000 provided that no such fine shall in the aggregate exceed
1286 $1,000.
1287 (a) An association may suspend, for a reasonable period of
1288 time, the right of a unit owner, or a unit owner’s tenant,
1289 guest, or invitee, to use the common elements, common
1290 facilities, or any other association property for failure to
1291 comply with any provision of the cooperative documents or
1292 reasonable rules of the association.
1293 (b) A No fine or suspension may not be imposed levied
1294 except after giving reasonable notice and opportunity for a
1295 hearing to the unit owner and, if applicable, the unit’s his or
1296 her licensee or invitee. The hearing must shall be held before a
1297 committee of other unit owners. If the committee does not agree
1298 with the fine or suspension, it may shall not be imposed levied.
1299 This subsection does not apply to unoccupied units.
1300 (4) If a unit owner is more than 90 days delinquent in
1301 paying a monetary obligation due to the association, the
1302 association may suspend the right of the unit owner or the
1303 unit’s occupant, licensee, or invitee to use common elements,
1304 common facilities, or any other association property until the
1305 monetary obligation is paid in full. This subsection does not
1306 apply to limited common elements intended to be used only by
1307 that unit, common elements needed to access the unit, utility
1308 services provided to the unit, parking spaces, or elevators. The
1309 notice and hearing requirements under subsection (3) do not
1310 apply to suspensions imposed under this subsection.
1311 (5) An association may suspend the voting rights of a
1312 member due to nonpayment of any monetary obligation due to the
1313 association which is more than 90 days delinquent. The
1314 suspension ends upon full payment of all obligations currently
1315 due or overdue the association. The notice and hearing
1316 requirements under subsection (3) do not apply to a suspension
1317 imposed under this subsection.
1318 (6) All suspensions imposed pursuant to subsection (4) or
1319 subsection (5) must be approved at a properly noticed board
1320 meeting. Upon approval, the association must notify the unit
1321 owner and, if applicable, the unit’s occupant, licensee, or
1322 invitee by mail or hand delivery.
1323 Section 14. Subsection (3) of section 720.3085, Florida
1324 Statutes, is amended to read:
1325 720.3085 Payment for assessments; lien claims.—
1326 (3) Assessments and installments on assessments that are
1327 not paid when due bear interest from the due date until paid at
1328 the rate provided in the declaration of covenants or the bylaws
1329 of the association, which rate may not exceed the rate allowed
1330 by law. If no rate is provided in the declaration or bylaws,
1331 interest accrues at the rate of 18 percent per year.
1332 (a) If the declaration or bylaws so provide, the
1333 association may also charge an administrative late fee in an
1334 amount not to exceed the greater of $25 or 5 percent of the
1335 amount of each installment that is paid past the due date.
1336 (b) The association may also charge for reasonable expenses
1337 incurred by the association for collection services that are
1338 reasonably related to the collection of the delinquent account
1339 rendered by a community association manager or community
1340 association management firm, as specified in a written agreement
1341 with such community association manager or firm, and payable to
1342 the community association manager or firm as a liquidated sum.
1343 (c)(b) Any payment received by an association and accepted
1344 shall be applied first to any interest accrued, then to any
1345 administrative late fee, then to expenses for collection
1346 services as provided under paragraph (b), then to any costs and
1347 reasonable attorney’s fees incurred in collection, and then to
1348 the delinquent assessment. This paragraph applies
1349 notwithstanding any restrictive endorsement, designation, or
1350 instruction placed on or accompanying a payment. A late fee is
1351 not subject to the provisions of chapter 687 and is not a fine.
1352 Section 15. Paragraph (c) of subsection (5) of section
1353 720.303, Florida Statutes, is amended to read:
1354 720.303 Association powers and duties; meetings of board;
1355 official records; budgets; financial reporting; association
1356 funds; recalls.—
1357 (5) INSPECTION AND COPYING OF RECORDS.—The official records
1358 shall be maintained within the state and must be open to
1359 inspection and available for photocopying by members or their
1360 authorized agents at reasonable times and places within 10
1361 business days after receipt of a written request for access.
1362 This subsection may be complied with by having a copy of the
1363 official records available for inspection or copying in the
1364 community. If the association has a photocopy machine available
1365 where the records are maintained, it must provide parcel owners
1366 with copies on request during the inspection if the entire
1367 request is limited to no more than 25 pages.
1368 (c) The association may adopt reasonable written rules
1369 governing the frequency, time, location, notice, records to be
1370 inspected, and manner of inspections, but may not require a
1371 parcel owner to demonstrate any proper purpose for the
1372 inspection, state any reason for the inspection, or limit a
1373 parcel owner’s right to inspect records to less than one 8-hour
1374 business day per month. The association may impose fees to cover
1375 the costs of providing copies of the official records,
1376 including, without limitation, the costs of copying. The
1377 association may charge up to 50 cents per page for copies made
1378 on the association’s photocopier. If the association does not
1379 have a photocopy machine available where the records are kept,
1380 or if the records requested to be copied exceed 25 pages in
1381 length, the association may have copies made by an outside
1382 vendor or association management company personnel and may
1383 charge the actual cost of copying, including any reasonable
1384 costs involving personnel fees and charges at an hourly rate for
1385 vendor or employee time to cover administrative costs to the
1386 vendor or association. The association shall maintain an
1387 adequate number of copies of the recorded governing documents,
1388 to ensure their availability to members and prospective members.
1389 Notwithstanding this paragraph, the following records are not
1390 accessible to members or parcel owners:
1391 1. Any record protected by the lawyer-client privilege as
1392 described in s. 90.502 and any record protected by the work
1393 product privilege, including, but not limited to, a any record
1394 prepared by an association attorney or prepared at the
1395 attorney’s express direction which reflects a mental impression,
1396 conclusion, litigation strategy, or legal theory of the attorney
1397 or the association and which was prepared exclusively for civil
1398 or criminal litigation or for adversarial administrative
1399 proceedings or which was prepared in anticipation of such
1400 imminent civil or criminal litigation or imminent adversarial
1401 administrative proceedings until the conclusion of the
1402 litigation or administrative proceedings.
1403 2. Information obtained by an association in connection
1404 with the approval of the lease, sale, or other transfer of a
1405 parcel.
1406 3. Personnel records of the association’s employees,
1407 including, but not limited to, disciplinary, payroll, health,
1408 and insurance records. For purposes of this paragraph, the term
1409 “personnel records” does not include written employment
1410 agreements with an association employee or budgetary or
1411 financial records that indicate the compensation paid to an
1412 association employee.
1413 4. Medical records of parcel owners or community residents.
1414 5. Social security numbers, driver’s license numbers,
1415 credit card numbers, electronic mailing addresses, telephone
1416 numbers, facsimile numbers, emergency contact information, any
1417 addresses for a parcel owner other than as provided for
1418 association notice requirements, and other personal identifying
1419 information of any person, excluding the person’s name, parcel
1420 designation, mailing address, and property address. However, an
1421 owner may consent in writing to the disclosure of protected
1422 information described in this subparagraph. The association is
1423 not liable for the disclosure of information that is protected
1424 under this subparagraph if the information is included in an
1425 official record of the association and is voluntarily provided
1426 by an owner and not requested by the association.
1427 6. Any electronic security measure that is used by the
1428 association to safeguard data, including passwords.
1429 7. The software and operating system used by the
1430 association which allows the manipulation of data, even if the
1431 owner owns a copy of the same software used by the association.
1432 The data is part of the official records of the association.
1433 Section 16. Subsections (2) and (3) of section 720.305,
1434 Florida Statutes, are amended and renumbered as subsections (3)
1435 and (4), respectively, and subsection (5) is added to that
1436 section, to read:
1437 720.305 Obligations of members; remedies at law or in
1438 equity; levy of fines and suspension of use rights.—
1439 (2) The association If a member is delinquent for more than
1440 90 days in paying a monetary obligation due the association, an
1441 association may suspend, until such monetary obligation is paid,
1442 the rights of a member or a member’s tenants, guests, or
1443 invitees, or both, to use common areas and facilities and may
1444 levy reasonable fines of up to $100 per violation, against any
1445 member or any member’s tenant, guest, or invitee for the failure
1446 of the owner of the parcel, or its occupant, licensee, or
1447 invitee, to comply with any provision of the declaration, the
1448 association bylaws, or reasonable rules of the association. A
1449 fine may be levied for each day of a continuing violation, with
1450 a single notice and opportunity for hearing, except that the a
1451 fine may not exceed $1,000 in the aggregate unless otherwise
1452 provided in the governing documents. A fine of less than $1,000
1453 may not become a lien against a parcel. In any action to recover
1454 a fine, the prevailing party is entitled to collect its
1455 reasonable attorney’s fees and costs from the nonprevailing
1456 party as determined by the court.
1457 (a) An association may suspend, for a reasonable period of
1458 time, the right of a member, or a member’s tenant, guest, or
1459 invitee, to use common areas and facilities for the failure of
1460 the owner of the parcel, or its occupant, licensee, or invitee,
1461 to comply with any provision of the declaration, the association
1462 bylaws, or reasonable rules of the association. The provisions
1463 regarding the suspension-of-use rights do not apply to the
1464 portion of common areas that must be used to provide access to
1465 the parcel or utility services provided to the parcel.
1466 (b)(a) A fine or suspension may not be imposed without at
1467 least 14 days’ notice to the person sought to be fined or
1468 suspended and an opportunity for a hearing before a committee of
1469 at least three members appointed by the board who are not
1470 officers, directors, or employees of the association, or the
1471 spouse, parent, child, brother, or sister of an officer,
1472 director, or employee. If the committee, by majority vote, does
1473 not approve a proposed fine or suspension, it may not be
1474 imposed. If the association imposes a fine or suspension, the
1475 association must provide written notice of such fine or
1476 suspension by mail or hand delivery to the parcel owner and, if
1477 applicable, to any tenant, licensee, or invitee of the parcel
1478 owner.
1479 (3) If a member is more than 90 days delinquent in paying a
1480 monetary obligation due to the association, the association may
1481 suspend the right of the member, or the member’s tenant, guest,
1482 or invitee, to use common areas and facilities until the
1483 monetary obligation is paid in full. The subsection does not
1484 apply to that portion of common areas used to provide access to
1485 the parcel or to utility services provided to the parcel.
1486 (b) Suspension does of common-area-use rights do not impair
1487 the right of an owner or tenant of a parcel to have vehicular
1488 and pedestrian ingress to and egress from the parcel, including,
1489 but not limited to, the right to park. The notice and hearing
1490 requirements under subsection (2) do not apply to a suspension
1491 imposed under this subsection.
1492 (4)(3) If the governing documents so provide, An
1493 association may suspend the voting rights of a member for the
1494 nonpayment of any monetary obligation that is more than regular
1495 annual assessments that are delinquent in excess of 90 days
1496 delinquent. The notice and hearing requirements under subsection
1497 (2) do not apply to a suspension imposed under this subsection.
1498 The suspension ends upon full payment of all obligations
1499 currently due or overdue to the association.
1500 (5) All suspensions imposed pursuant to subsection (3) or
1501 subsection (4) must be approved at a properly noticed board
1502 meeting. Upon approval, the association must notify the parcel
1503 owner and, if applicable, the parcel’s occupant, licensee, or
1504 invitee by mail or hand delivery.
1505 Section 17. Paragraph (a) of subsection (1) and subsection
1506 (8) of section 720.3085, Florida Statutes, are amended to read:
1507 720.3085 Payment for assessments; lien claims.—
1508 (1) When authorized by the governing documents, the
1509 association has a lien on each parcel to secure the payment of
1510 assessments and other amounts provided for by this section.
1511 Except as otherwise set forth in this section, the lien is
1512 effective from and shall relate back to the date on which the
1513 original declaration of the community was recorded. However, as
1514 to first mortgages of record, the lien is effective from and
1515 after recording of a claim of lien in the public records of the
1516 county in which the parcel is located. This subsection does not
1517 bestow upon any lien, mortgage, or certified judgment of record
1518 on July 1, 2008, including the lien for unpaid assessments
1519 created in this section, a priority that, by law, the lien,
1520 mortgage, or judgment did not have before July 1, 2008.
1521 (a) To be valid, a claim of lien must state the description
1522 of the parcel, the name of the record owner, the name and
1523 address of the association, the assessment amount due, and the
1524 due date. The claim of lien secures shall secure all unpaid
1525 assessments that are due and that may accrue subsequent to the
1526 recording of the claim of lien and before entry of a certificate
1527 of title, as well as interest, late charges, and reasonable
1528 costs and attorney’s fees incurred by the association incident
1529 to the collection process. The claim of lien also secures
1530 reasonable expenses for collection services incurred before
1531 filing a claim as provided in subsection (3). The person making
1532 the payment is entitled to a satisfaction of the lien upon
1533 payment in full.
1534 (8) If the parcel is occupied by a tenant and the parcel
1535 owner is delinquent in paying any monetary obligation due to the
1536 association, the association may demand that the tenant pay rent
1537 to the association and continue to make such payments until all
1538 the monetary obligations of the parcel owner related to the
1539 parcel have been paid in full and the future monetary
1540 obligations related to the parcel. The demand is continuing in
1541 nature, and upon demand, the tenant must continue to pay the
1542 monetary obligations until the association releases the tenant
1543 or until the tenant discontinues tenancy in the parcel. A tenant
1544 who acts in good faith in response to a written demand from an
1545 association is immune from any claim by from the parcel owner
1546 related to the rent once the association has made written
1547 demand. Any payment received from a tenant by the association
1548 must be applied to the parcel owner’s oldest delinquent monetary
1549 obligation.
1550 (a) If the tenant paid prepaid rent to the parcel owner for
1551 a given rental period before receiving the demand from the
1552 association and provides written evidence of prepaying paying
1553 the rent to the association within 14 days after receiving the
1554 demand, the tenant shall receive credit for the prepaid rent for
1555 the applicable period but and must make any subsequent rental
1556 payments to the association to be credited against the monetary
1557 obligations of the parcel owner to the association. The
1558 association shall, upon request, provide the tenant with written
1559 receipts for payments made. The association shall mail written
1560 notice to the parcel owner of the association’s demand that the
1561 tenant pay monetary obligations to the association.
1562 (b) The tenant is not liable for increases in the amount of
1563 the monetary obligations due unless the tenant was notified in
1564 writing of the increase at least 10 days before the date on
1565 which the rent is due. The liability of the tenant may not
1566 exceed the amount due from the tenant to the tenant’s landlord.
1567 The tenant shall be given a credit against rents due to the
1568 parcel owner in the amount of assessments paid to the
1569 association.
1570 (c) The association may issue notices under s. 83.56 and
1571 may sue for eviction under ss. 83.59-83.625 as if the
1572 association were a landlord under part II of chapter 83 if the
1573 tenant fails to pay a monetary obligation. However, the
1574 association is not otherwise considered a landlord under chapter
1575 83 and specifically has no obligations duties under s. 83.51.
1576 (d) The tenant does not, by virtue of payment of monetary
1577 obligations, have any of the rights of a parcel owner to vote in
1578 any election or to examine the books and records of the
1579 association.
1580 (e) A court may supersede the effect of this subsection by
1581 appointing a receiver.
1582 Section 18. Section 720.309, Florida Statutes, is amended
1583 to read:
1584 720.309 Agreements entered into by the association.—
1585 (1) Any grant or reservation made by any document, and any
1586 contract that has with a term greater than in excess of 10
1587 years, that is made by an association before control of the
1588 association is turned over to the members other than the
1589 developer, and that provides which provide for the operation,
1590 maintenance, or management of the association or common areas,
1591 must be fair and reasonable.
1592 (2) If the governing documents provide for the cost of
1593 communication services as defined in s. 202.11, information
1594 services or Internet services obtained pursuant to a bulk
1595 contract shall be deemed an operating expense of the
1596 association. If the governing documents do not provide for such
1597 services, the board may contract for the services, and the cost
1598 shall be deemed an operating expense of the association but must
1599 be allocated on a per-parcel basis rather than a percentage
1600 basis, notwithstanding that the governing documents provide for
1601 other than an equal sharing of operating expenses. Any contract
1602 entered into before July 1, 2011, in which the cost of the
1603 service is not equally divided among all parcel owners may be
1604 changed by a majority of the voting interests present at a
1605 regular or special meeting of the association in order to
1606 allocate the cost equally among all parcels.
1607 (a) Any contract entered into may be canceled by a majority
1608 of the voting interests present at the next regular or special
1609 meeting of the association, whichever occurs first. Any member
1610 may make a motion to cancel such contract, but if no motion is
1611 made or if such motion fails to obtain the required vote, the
1612 contract shall be deemed ratified for the term expressed
1613 therein.
1614 (b) Any contract entered into must provide, and shall be
1615 deemed to provide if not expressly set forth therein, that a
1616 hearing-impaired or legally blind parcel owner who does not
1617 occupy the parcel along with a nonhearing-impaired or sighted
1618 person, or a parcel owner who receives supplemental security
1619 income under Title XVI of the Social Security Act or food stamps
1620 as administered by the Department of Children and Family
1621 Services pursuant to s. 414.31, may discontinue the service
1622 without incurring disconnect fees, penalties, or subsequent
1623 service charges, and may not be required to pay any operating
1624 expenses charge related to such service for those parcels. If
1625 fewer than all parcel owners share the expenses of the
1626 communication services, information services, or Internet
1627 services, the expense must be shared by all participating parcel
1628 owners. The association may use the provisions of s. 720.3085 to
1629 enforce payment by the parcel owners receiving such services.
1630 (c) A resident of any parcel, whether a tenant or parcel
1631 owner, may not be denied access to available franchised,
1632 licensed, or certificated cable or video service providers if
1633 the resident pays the provider directly for services. A resident
1634 or a cable or video service provider may not be required to pay
1635 anything of value in order to obtain or provide such service
1636 except for the charges normally paid for like services by
1637 residents of single-family homes located outside the community
1638 but within the same franchised, licensed, or certificated area,
1639 and except for installation charges agreed to between the
1640 resident and the service provider.
1641 Section 19. This act shall take effect July 1, 2011.
1642
1643 ================= T I T L E A M E N D M E N T ================
1644 And the title is amended as follows:
1645 Delete everything before the enacting clause
1646 and insert:
1647 A bill to be entitled
1648 An act relating to condominium, cooperative, and
1649 homeowners’ associations; amending s. 718.111, F.S.;
1650 revising provisions relating to the official records
1651 of condominium associations; providing for disclosure
1652 of employment agreements or compensation paid to
1653 association employees; amending s. 718.112, F.S.;
1654 revising provisions relating to bylaws; providing that
1655 board of administration meetings discussing personnel
1656 matters are not open to unit members; revising
1657 requirements for electing the board of directors;
1658 providing for continued office and for filling
1659 vacancies under certain circumstances; specifying unit
1660 owner eligibility for board membership; requiring that
1661 certain educational curriculum be completed within a
1662 specified time before the election or appointment of a
1663 board director; amending s. 718.114, F.S.; requiring
1664 the vote or written consent of a majority of the
1665 voting interests before a condominium association may
1666 enter into certain agreements to acquire leaseholds,
1667 memberships, or other possessory or use interests;
1668 amending s. 718.116, F.S.; revising provisions
1669 relating to condominium assessments; authorizing the
1670 association to charge for collection services for
1671 delinquent accounts; authorizing a claim of lien to
1672 secure reasonable expenses for collection services for
1673 a delinquent account; requiring any rent payments
1674 received by an association from a tenant to be applied
1675 to the oldest delinquent monetary obligation of a unit
1676 owner; amending s. 718.117, F.S.; providing procedures
1677 and requirements for partial termination of a
1678 condominium property; requiring that a lien against a
1679 condominium unit being terminated be transferred to
1680 the proceeds of sale for that property; amending s.
1681 718.303, F.S.; revising provisions relating to
1682 imposing remedies against a delinquent unit owner or
1683 occupant; providing for the suspension of certain
1684 rights of use or voting rights; requiring that the
1685 suspension of certain rights of use or voting rights
1686 be approved at a noticed board meeting; amending s.
1687 718.703. F.S.; redefining the term “bulk assignee” for
1688 purposes of the Distressed Condominium Relief Act;
1689 amending s. 718.704, F.S.; revising provisions
1690 relating to the assignment of developer rights by a
1691 bulk assignee; amending s. 718.705, F.S.; revising
1692 provisions relating to the transfer of control of a
1693 condominium board of administration to unit owners;
1694 amending s. 718.706, F.S.; revising provisions
1695 relating to the offering of units by a bulk assignee
1696 or bulk buyer; amending s. 718.707, F.S.; revising the
1697 time limitation for classification as a bulk assignee
1698 or bulk buyer; amending s. 719.108, F.S.; authorizing
1699 an association to charge for collection services for
1700 delinquent accounts; authorizing a claim of lien to
1701 secure reasonable expenses for collection services for
1702 a delinquent account; requiring any rent payments
1703 received by a cooperative association from a tenant to
1704 be applied to the oldest delinquent monetary
1705 obligation of a unit owner; amending s. 719.303, F.S.;
1706 revising provisions relating to imposing remedies
1707 against a delinquent unit owner or occupant; providing
1708 for the suspension of certain rights of use or voting
1709 rights; requiring that the suspension of certain
1710 rights of use or voting rights be approved at a
1711 noticed board meeting; amending s. 720.303, F.S.;
1712 revising provisions relating to records that are not
1713 accessible to members of a homeowners’ association;
1714 providing for disclosure of employment agreements and
1715 compensation paid to association employees; amending
1716 s. 720.305, F.S.; revising provisions relating to
1717 imposing remedies against a delinquent member of a
1718 homeowners’ association; requiring that the suspension
1719 of certain rights of use or voting rights be approved
1720 at a noticed board meeting; amending s. 720.3085,
1721 F.S.; authorizing an association to charge for
1722 collection services for delinquent accounts;
1723 authorizing a claim of lien to secure expenses for
1724 collection services for a delinquent account;
1725 requiring any rent payments received by an association
1726 from a tenant to be applied to the oldest delinquent
1727 monetary obligation of a parcel owner; amending s.
1728 720.309, F.S.; providing for the allocation of
1729 communication services by a homeowners’ association;
1730 providing for the cancellation of communication
1731 contracts; providing that hearing-impaired or legally
1732 blind owners and owners receiving certain supplemental
1733 security income or food stamps may discontinue the
1734 service without incurring costs; providing that
1735 residents may not be denied access to available
1736 franchised, licensed, or certificated cable or video
1737 service providers; providing an effective date.