Florida Senate - 2011                                     SB 530
       
       
       
       By Senator Fasano
       
       
       
       
       11-00208D-11                                           2011530__
    1                        A bill to be entitled                      
    2         An act relating to condominium, cooperative, and
    3         homeowners’ associations; amending s. 718.111, F.S.;
    4         revising provisions relating to the official records
    5         of condominium associations; providing for disclosure
    6         of employment agreements or compensation paid to
    7         association employees; amending s. 718.112, F.S.;
    8         revising provisions relating to board of
    9         administration and unit owner meetings; providing that
   10         board of administration meetings discussing personnel
   11         matters are not open to unit members; requiring that
   12         certain educational curriculum be completed within a
   13         specified time before the election or appointment of a
   14         board director; amending s. 718.114, F.S.; requiring
   15         the vote or written consent of a majority of the
   16         voting interests before a condominium association may
   17         enter into certain agreements to acquire leaseholds,
   18         memberships, or other possessory or use interests;
   19         amending s. 718.116, F.S.; revising provisions
   20         relating to condominium assessments; authorizing the
   21         association to charge for collection services for
   22         delinquent accounts; authorizing a claim of lien to
   23         secure reasonable expenses for collection services for
   24         a delinquent account; requiring any rent payments
   25         received by an association from a tenant to be applied
   26         to the most delinquent monetary obligation of a unit
   27         owner; amending s. 718.117, F.S.; providing procedures
   28         and requirements for partial termination of a
   29         condominium property; requiring that a lien against a
   30         condominium unit being terminated be transferred to
   31         the proceeds of sale for that property; amending s.
   32         718.303, F.S.; revising provisions relating to
   33         imposing remedies against a delinquent unit owner;
   34         requiring that the suspension of certain rights of use
   35         or voting rights be approved at a noticed board
   36         meeting; amending s. 718.703. F.S.; redefining the
   37         term “bulk assignee” for purposes of the Distressed
   38         Condominium Relief Act; amending s. 718.704, F.S.;
   39         revising provisions relating to the assignment of
   40         developer rights by a bulk assignee; amending s.
   41         718.705, F.S.; revising provisions relating to the
   42         transfer of control of a condominium board of
   43         administration to unit owners; amending s. 718.706,
   44         F.S.; revising provisions relating to the offering of
   45         units by a bulk assignee or bulk buyer; amending s.
   46         718.707, F.S.; revising the time limitation for
   47         classification as a bulk assignee or bulk buyer;
   48         amending s. 719.108, F.S.; requiring any rent payments
   49         received by a cooperative association from a tenant to
   50         be applied to the most delinquent monetary obligation
   51         of a unit owner; amending s. 719.303, F.S.; revising
   52         provisions relating to imposing remedies against a
   53         delinquent unit owner in a cooperative; requiring that
   54         the suspension of certain rights of use or voting
   55         rights be approved at a noticed board meeting;
   56         amending s. 720.303, F.S.; revising provisions
   57         relating to records that are not accessible to members
   58         of a homeowners’ association; providing for disclosure
   59         of employment agreements and compensation paid to
   60         association employees; amending s. 720.305, F.S.;
   61         revising provisions relating to imposing remedies
   62         against a delinquent member of a homeowners’
   63         association; requiring that the suspension of certain
   64         rights of use or voting rights be approved at a
   65         noticed board meeting; amending s. 720.3085, F.S.;
   66         authorizing a claim of lien to secure expenses for
   67         collection services for a delinquent account;
   68         requiring any rent payments received by an association
   69         from a tenant to be applied to the most delinquent
   70         monetary obligation of a parcel owner; amending s.
   71         720.309, F.S.; providing for the allocation of
   72         communication services by a homeowners’ association;
   73         providing for the cancellation of communication
   74         contracts; providing that hearing-impaired or legally
   75         blind owners and owners receiving certain supplemental
   76         security income or food stamps may discontinue the
   77         service without incurring costs; providing that
   78         residents may not be denied access to available
   79         franchised, licensed, or certificated cable or video
   80         service providers; providing an effective date.
   81  
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. Paragraphs (a) and (c) of subsection (12) of
   85  section 718.111, Florida Statutes, are amended to read:
   86         718.111 The association.—
   87         (12) OFFICIAL RECORDS.—
   88         (a) From the inception of the association, the association
   89  shall maintain each of the following items, if applicable, which
   90  constitutes shall constitute the official records of the
   91  association:
   92         1. A copy of the plans, permits, warranties, and other
   93  items provided by the developer pursuant to s. 718.301(4).
   94         2. A photocopy of the recorded declaration of condominium
   95  of each condominium operated by the association and of each
   96  amendment to each declaration.
   97         3. A photocopy of the recorded bylaws of the association
   98  and of each amendment to the bylaws.
   99         4. A certified copy of the articles of incorporation of the
  100  association, or other documents creating the association, and of
  101  each amendment thereto.
  102         5. A copy of the current rules of the association.
  103         6. A book or books that which contain the minutes of all
  104  meetings of the association, of the board of administration, and
  105  the of unit owners, which minutes must be retained for at least
  106  7 years.
  107         7. A current roster of all unit owners and their mailing
  108  addresses, unit identifications, voting certifications, and, if
  109  known, telephone numbers. The association shall also maintain
  110  the e-mail the electronic mailing addresses and facsimile the
  111  numbers designated by unit owners for receiving notice sent by
  112  electronic transmission of those unit owners consenting to
  113  receive notice by electronic transmission. The e-mail electronic
  114  mailing addresses and facsimile telephone numbers may not be
  115  accessible to unit owners must be removed from association
  116  records if consent to receive notice by electronic transmission
  117  is not provided in accordance with subparagraph (c)5 revoked.
  118  However, the association is not liable for an erroneous
  119  disclosure of an e-mail the electronic mail address or facsimile
  120  the number for receiving electronic transmission of notices.
  121         8. All current insurance policies of the association and
  122  condominiums operated by the association.
  123         9. A current copy of any management agreement, lease, or
  124  other contract to which the association is a party or under
  125  which the association or the unit owners have an obligation or
  126  responsibility.
  127         10. Bills of sale or transfer for all property owned by the
  128  association.
  129         11. Accounting records for the association and separate
  130  accounting records for each condominium that which the
  131  association operates. All accounting records must shall be
  132  maintained for at least 7 years. Any person who knowingly or
  133  intentionally defaces or destroys such accounting records
  134  required to be created and maintained by this chapter during the
  135  period for which such records are required to be maintained, or
  136  who knowingly or intentionally fails to create or maintain such
  137  records, with the intent of causing harm to the association or
  138  one or more of its members, is personally subject to a civil
  139  penalty pursuant to s. 718.501(1)(d). The accounting records
  140  must include, but are not limited to:
  141         a. Accurate, itemized, and detailed records of all receipts
  142  and expenditures.
  143         b. A current account and a monthly, bimonthly, or quarterly
  144  statement of the account for each unit designating the name of
  145  the unit owner, the due date and amount of each assessment, the
  146  amount paid on upon the account, and the balance due.
  147         c. All audits, reviews, accounting statements, and
  148  financial reports of the association or condominium.
  149         d. All contracts for work to be performed. Bids for work to
  150  be performed are also considered official records and must be
  151  maintained by the association.
  152         12. Ballots, sign-in sheets, voting proxies, and all other
  153  papers relating to voting by unit owners, which must be
  154  maintained for 1 year from the date of the election, vote, or
  155  meeting to which the document relates, notwithstanding paragraph
  156  (b).
  157         13. All rental records if the association is acting as
  158  agent for the rental of condominium units.
  159         14. A copy of the current question and answer sheet as
  160  described in s. 718.504.
  161         15. All other records of the association not specifically
  162  included in the foregoing which are related to the operation of
  163  the association.
  164         16. A copy of the inspection report as described provided
  165  in s. 718.301(4)(p).
  166         (c) The official records of the association are open to
  167  inspection by any association member or the authorized
  168  representative of such member at all reasonable times. The right
  169  to inspect the records includes the right to make or obtain
  170  copies, at the reasonable expense, if any, of the member. The
  171  association may adopt reasonable rules regarding the frequency,
  172  time, location, notice, and manner of record inspections and
  173  copying. The failure of an association to provide the records
  174  within 10 working days after receipt of a written request
  175  creates a rebuttable presumption that the association willfully
  176  failed to comply with this paragraph. A unit owner who is denied
  177  access to official records is entitled to the actual damages or
  178  minimum damages for the association’s willful failure to comply.
  179  Minimum damages are shall be $50 per calendar day for up to 10
  180  days, beginning the calculation to begin on the 11th working day
  181  after receipt of the written request. The failure to permit
  182  inspection of the association records as provided herein
  183  entitles any person prevailing in an enforcement action to
  184  recover reasonable attorney’s fees from the person in control of
  185  the records who, directly or indirectly, knowingly denied access
  186  to the records. Any person who knowingly or intentionally
  187  defaces or destroys accounting records that are required by this
  188  chapter to be maintained during the period for which such
  189  records are required to be maintained, or who knowingly or
  190  intentionally fails to create or maintain accounting records
  191  that are required to be created or maintained, with the intent
  192  of causing harm to the association or one or more of its
  193  members, is personally subject to a civil penalty pursuant to s.
  194  718.501(1)(d). The association shall maintain an adequate number
  195  of copies of the declaration, articles of incorporation, bylaws,
  196  and rules, and all amendments to each of the foregoing, as well
  197  as the question and answer sheet as described provided for in s.
  198  718.504 and year-end financial information required under in
  199  this section, on the condominium property to ensure their
  200  availability to unit owners and prospective purchasers, and may
  201  charge its actual costs for preparing and furnishing these
  202  documents to those requesting the documents. Notwithstanding the
  203  provisions of this paragraph, the following records are not
  204  accessible to unit owners:
  205         1. Any record protected by the lawyer-client privilege as
  206  described in s. 90.502; and any record protected by the work
  207  product privilege, including a any record prepared by an
  208  association attorney, or prepared at the attorney’s express
  209  direction,; which reflects a mental impression, conclusion,
  210  litigation strategy, or legal theory of the attorney or the
  211  association, and which was prepared exclusively for civil or
  212  criminal litigation or for adversarial administrative
  213  proceedings, or which was prepared in anticipation of such
  214  imminent civil or criminal litigation or imminent adversarial
  215  administrative proceedings until the conclusion of the
  216  litigation or adversarial administrative proceedings.
  217         2. Information obtained by an association in connection
  218  with the approval of the lease, sale, or other transfer of a
  219  unit.
  220         3. Personnel records of association employees, including,
  221  but not limited to, disciplinary, payroll, health, and insurance
  222  records, but not including written employment agreements with an
  223  association employee or budgetary or financial records that
  224  indicate the compensation paid to an association employee.
  225         4. Medical records of unit owners.
  226         5. Social security numbers, driver’s license numbers,
  227  credit card numbers, e-mail addresses, telephone numbers,
  228  facsimile numbers, emergency contact information, any addresses
  229  of a unit owner other than as provided to fulfill the
  230  association’s notice requirements, and other personal
  231  identifying information of any person, excluding the person’s
  232  name, unit designation, mailing address, and property address,
  233  and any address, e-mail address, or facsimile number provided to
  234  the association to fulfill the association’s notice
  235  requirements. However, an owner may consent to the disclosure of
  236  protected information described in this subparagraph. The
  237  association is not liable for the disclosure of information that
  238  is protected under this subparagraph if the information is
  239  included in other official records of the association which are
  240  not protected.
  241         6. Any Electronic security measures measure that are is
  242  used by the association to safeguard data, including passwords.
  243         7. The software and operating system used by the
  244  association which allows the manipulation of data, even if the
  245  owner owns a copy of the same software used by the association.
  246  The data is part of the official records of the association.
  247         Section 2. Paragraphs (b), (c), and (d) of subsection (2)
  248  of section 718.112, Florida Statutes, are amended to read:
  249         718.112 Bylaws.—
  250         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  251  following and, if they do not do so, shall be deemed to include
  252  the following:
  253         (b) Quorum; voting requirements; proxies.—
  254         1. Unless a lower number is provided in the bylaws, the
  255  percentage of voting interests required to constitute a quorum
  256  at a meeting of the members is shall be a majority of the voting
  257  interests. Unless otherwise provided in this chapter or in the
  258  declaration, articles of incorporation, or bylaws, and except as
  259  provided in subparagraph (d)4. (d)3., decisions shall be made by
  260  owners of a majority of the voting interests represented at a
  261  meeting at which a quorum is present.
  262         2. Except as specifically otherwise provided herein, after
  263  January 1, 1992, unit owners may not vote by general proxy, but
  264  may vote by limited proxies substantially conforming to a
  265  limited proxy form adopted by the division. A No voting interest
  266  or consent right allocated to a unit owned by the association
  267  may not shall be exercised or considered for any purpose,
  268  whether for a quorum, an election, or otherwise. Limited proxies
  269  and general proxies may be used to establish a quorum. Limited
  270  proxies shall be used for votes taken to waive or reduce
  271  reserves in accordance with subparagraph (f)2.; for votes taken
  272  to waive the financial reporting requirements of s. 718.111(13);
  273  for votes taken to amend the declaration pursuant to s. 718.110;
  274  for votes taken to amend the articles of incorporation or bylaws
  275  pursuant to this section; and for any other matter for which
  276  this chapter requires or permits a vote of the unit owners.
  277  Except as provided in paragraph (d), a after January 1, 1992, no
  278  proxy, limited or general, may not shall be used in the election
  279  of board members. General proxies may be used for other matters
  280  for which limited proxies are not required, and may also be used
  281  in voting for nonsubstantive changes to items for which a
  282  limited proxy is required and given. Notwithstanding the
  283  provisions of this subparagraph, unit owners may vote in person
  284  at unit owner meetings. This subparagraph does not Nothing
  285  contained herein shall limit the use of general proxies or
  286  require the use of limited proxies for any agenda item or
  287  election at any meeting of a timeshare condominium association.
  288         3. Any proxy given is shall be effective only for the
  289  specific meeting for which originally given and any lawfully
  290  adjourned meetings thereof. A In no event shall any proxy is not
  291  be valid for a period longer than 90 days after the date of the
  292  first meeting for which it was given. Every proxy is revocable
  293  at any time at the pleasure of the unit owner executing it.
  294         4. A member of the board of administration or a committee
  295  may submit in writing his or her agreement or disagreement with
  296  any action taken at a meeting that the member did not attend.
  297  This agreement or disagreement may not be used as a vote for or
  298  against the action taken or to create and may not be used for
  299  the purposes of creating a quorum.
  300         5. If When any of the board or committee members meet by
  301  telephone conference, those board or committee members attending
  302  by telephone conference may be counted toward obtaining a quorum
  303  and may vote by telephone. A telephone speaker must be used so
  304  that the conversation of those board or committee members
  305  attending by telephone may be heard by the board or committee
  306  members attending in person as well as by any unit owners
  307  present at a meeting.
  308         (c) Board of administration meetings.—Meetings of the board
  309  of administration at which a quorum of the members is present
  310  are shall be open to all unit owners. A Any unit owner may tape
  311  record or videotape the meetings of the board of administration.
  312  The right to attend such meetings includes the right to speak at
  313  such meetings with reference to all designated agenda items. The
  314  division shall adopt reasonable rules governing the tape
  315  recording and videotaping of the meeting. The association may
  316  adopt written reasonable rules governing the frequency,
  317  duration, and manner of unit owner statements.
  318         1. Adequate notice of all board meetings, which must notice
  319  shall specifically identify all incorporate an identification of
  320  agenda items, must shall be posted conspicuously on the
  321  condominium property at least 48 continuous hours before
  322  preceding the meeting except in an emergency. If 20 percent of
  323  the voting interests petition the board to address an item of
  324  business, the board shall at its next regular board meeting or
  325  at a special meeting of the board, but not later than 60 days
  326  after the receipt of the petition, shall place the item on the
  327  agenda. Any item not included on the notice may be taken up on
  328  an emergency basis by at least a majority plus one of the board
  329  members of the board. Such emergency action must shall be
  330  noticed and ratified at the next regular board meeting of the
  331  board. However, written notice of any meeting at which
  332  nonemergency special assessments, or at which amendment to rules
  333  regarding unit use, will be considered must shall be mailed,
  334  delivered, or electronically transmitted to the unit owners and
  335  posted conspicuously on the condominium property at least not
  336  less than 14 days before prior to the meeting. Evidence of
  337  compliance with this 14-day notice requirement must shall be
  338  made by an affidavit executed by the person providing the notice
  339  and filed with among the official records of the association.
  340  Upon notice to the unit owners, the board shall, by duly adopted
  341  rule, designate a specific location on the condominium property
  342  or association property where upon which all notices of board
  343  meetings are to shall be posted. If there is no condominium
  344  property or association property where upon which notices can be
  345  posted, notices of board meetings shall be mailed, delivered, or
  346  electronically transmitted at least 14 days before the meeting
  347  to the owner of each unit. In lieu of or in addition to the
  348  physical posting of the notice of any meeting of the board of
  349  administration on the condominium property, the association may,
  350  by reasonable rule, adopt a procedure for conspicuously posting
  351  and repeatedly broadcasting the notice and the agenda on a
  352  closed-circuit cable television system serving the condominium
  353  association. However, if broadcast notice is used in lieu of a
  354  notice posted physically posted on the condominium property, the
  355  notice and agenda must be broadcast at least four times every
  356  broadcast hour of each day that a posted notice is otherwise
  357  required under this section. If When broadcast notice is
  358  provided, the notice and agenda must be broadcast in a manner
  359  and for a sufficient continuous length of time so as to allow an
  360  average reader to observe the notice and read and comprehend the
  361  entire content of the notice and the agenda. Notice of any
  362  meeting in which regular or special assessments against unit
  363  owners are to be considered for any reason must shall
  364  specifically state that assessments will be considered and
  365  provide the nature, estimated cost, and description of the
  366  purposes for such assessments.
  367         2. Meetings of a committee to take final action on behalf
  368  of the board or make recommendations to the board regarding the
  369  association budget are subject to the provisions of this
  370  paragraph. Meetings of a committee that does not take final
  371  action on behalf of the board or make recommendations to the
  372  board regarding the association budget are subject to the
  373  provisions of this section, unless those meetings are exempted
  374  from this section by the bylaws of the association.
  375         3. Notwithstanding any other law, the requirement that
  376  board meetings and committee meetings be open to the unit owners
  377  does not apply is inapplicable to:
  378         a. Meetings between the board or a committee and the
  379  association’s attorney, with respect to proposed or pending
  380  litigation, if when the meeting is held for the purpose of
  381  seeking or rendering legal advice; or
  382         b. Board meetings held for the purpose of discussing
  383  personnel matters.
  384         (d) Unit owner meetings.—
  385         1. An annual meeting of the unit owners shall be held at
  386  the location provided in the association bylaws and, if the
  387  bylaws are silent as to the location, the meeting shall be held
  388  within 45 miles of the condominium property. However, such
  389  distance requirement does not apply to an association governing
  390  a timeshare condominium.
  391         2. Unless the bylaws provide otherwise, a vacancy on the
  392  board caused by the expiration of a director’s term shall be
  393  filled by electing a new board member, and the election must be
  394  by secret ballot. An election is not required However, if the
  395  number of vacancies equals or exceeds the number of candidates,
  396  an election is not required. Except in a timeshare condominium,
  397  the terms of all board members of the board expire at the annual
  398  meeting and such board members may stand for reelection unless
  399  otherwise permitted by the bylaws. If the bylaws permit
  400  staggered terms of no more than 2 years and upon approval of a
  401  majority of the total voting interests, the association board
  402  members may serve 2-year staggered terms. If the number of board
  403  members whose terms have expired exceeds the number of eligible
  404  members showing interest in or demonstrating an intention to run
  405  for the vacant positions, each board member whose term has
  406  expired is eligible for reappointment to the board of
  407  administration and need not stand for reelection. In a
  408  condominium association of more than 10 units or in a
  409  condominium association that does not include timeshare units or
  410  timeshare interests, coowners of a unit may not serve as members
  411  of the board of directors at the same time unless they own more
  412  than one unit or unless there are not enough eligible candidates
  413  to fill the vacancies on the board at the time of the vacancy.
  414  Any unit owner desiring to be a candidate for board membership
  415  must comply with sub-subparagraph 4.a. 3.a. A person who has
  416  been suspended or removed by the division under this chapter, or
  417  who is delinquent in the payment of any fee, fine, or special or
  418  regular assessment as provided in paragraph (n), is not eligible
  419  for board membership. A person who has been convicted of any
  420  felony in this state or in a United States District or
  421  Territorial Court, or who has been convicted of any offense in
  422  another jurisdiction which that would be considered a felony if
  423  committed in this state, is not eligible for board membership
  424  unless such felon’s civil rights have been restored for at least
  425  5 years as of the date on which such person seeks election to
  426  the board. The validity of an action by the board is not
  427  affected if it is later determined that a board member of the
  428  board is ineligible for board membership due to having been
  429  convicted of a felony.
  430         3.2. The bylaws must provide the method of calling meetings
  431  of unit owners, including annual meetings. Written notice, which
  432  must include an agenda, must shall be mailed, hand delivered, or
  433  electronically transmitted to each unit owner at least 14 days
  434  before the annual meeting, and must be posted in a conspicuous
  435  place on the condominium property at least 14 continuous days
  436  before preceding the annual meeting. Upon notice to the unit
  437  owners, the board shall, by duly adopted rule, designate a
  438  specific location on the condominium property or association
  439  property where upon which all notices of unit owner meetings
  440  shall be posted. This requirement does not apply However, if
  441  there is no condominium property or association property for
  442  posting upon which notices can be posted, this requirement does
  443  not apply. In lieu of, or in addition to, the physical posting
  444  of meeting notices, the association may, by reasonable rule,
  445  adopt a procedure for conspicuously posting and repeatedly
  446  broadcasting the notice and the agenda on a closed-circuit cable
  447  television system serving the condominium association. However,
  448  if broadcast notice is used in lieu of a notice posted
  449  physically on the condominium property, the notice and agenda
  450  must be broadcast at least four times every broadcast hour of
  451  each day that a posted notice is otherwise required under this
  452  section. If broadcast notice is provided, the notice and agenda
  453  must be broadcast in a manner and for a sufficient continuous
  454  length of time so as to allow an average reader to observe the
  455  notice and read and comprehend the entire content of the notice
  456  and the agenda. Unless a unit owner waives in writing the right
  457  to receive notice of the annual meeting in writing, such notice
  458  must be hand delivered, mailed, or electronically transmitted to
  459  each unit owner. Notice for meetings and notice for all other
  460  purposes must be mailed to each unit owner at the address last
  461  furnished to the association by the unit owner, or hand
  462  delivered to each unit owner. However, if a unit is owned by
  463  more than one person, the association must shall provide notice,
  464  for meetings and all other purposes, to the that one address
  465  that which the developer initially identified identifies for
  466  that purpose and thereafter as one or more of the owners of the
  467  unit shall advise the association in writing, or if no address
  468  is given or the owners of the unit do not agree, to the address
  469  provided on the deed of record. An officer of the association,
  470  or the manager or other person providing notice of the
  471  association meeting, must shall provide an affidavit or United
  472  States Postal Service certificate of mailing, to be included in
  473  the official records of the association affirming that the
  474  notice was mailed or hand delivered, in accordance with this
  475  provision.
  476         4.3. The members of the board shall be elected by written
  477  ballot or voting machine. Proxies may not be used in electing
  478  the board in general elections or elections to fill vacancies
  479  caused by recall, resignation, or otherwise, unless otherwise
  480  provided in this chapter.
  481         a. At least 60 days before a scheduled election, the
  482  association shall mail, deliver, or electronically transmit,
  483  whether by separate association mailing or included in another
  484  association mailing, delivery, or transmission, including
  485  regularly published newsletters, to each unit owner entitled to
  486  a vote, a first notice of the date of the election. Any unit
  487  owner or other eligible person desiring to be a candidate for
  488  the board must give written notice of his or her intent to be a
  489  candidate to the association at least 40 days before a scheduled
  490  election. Together with the written notice and agenda as set
  491  forth in subparagraph 3. 2., the association shall mail,
  492  deliver, or electronically transmit a second notice of the
  493  election to all unit owners entitled to vote, together with a
  494  ballot that lists all candidates. Upon request of a candidate,
  495  an information sheet, no larger than 8 1/2 inches by 11 inches,
  496  which must be furnished by the candidate at least 35 days before
  497  the election, must be included with the mailing, delivery, or
  498  transmission of the ballot, with the costs of mailing, delivery,
  499  or electronic transmission and copying to be borne by the
  500  association. The association is not liable for the contents of
  501  the information sheets prepared by the candidates. In order to
  502  reduce costs, the association may print or duplicate the
  503  information sheets on both sides of the paper. The division
  504  shall by rule establish voting procedures consistent with this
  505  sub-subparagraph, including rules establishing procedures for
  506  giving notice by electronic transmission and rules providing for
  507  the secrecy of ballots. Elections shall be decided by a
  508  plurality of those ballots cast. There is no quorum requirement;
  509  however, at least 20 percent of the eligible voters must cast a
  510  ballot in order to have a valid election of members of the
  511  board. A unit owner may not permit any other person to vote his
  512  or her ballot, and any ballots improperly cast are invalid. A,
  513  provided any unit owner who violates this provision may be fined
  514  by the association in accordance with s. 718.303. A unit owner
  515  who needs assistance in casting the ballot for the reasons
  516  stated in s. 101.051 may obtain such assistance. The regular
  517  election must occur on the date of the annual meeting. This sub
  518  subparagraph does not apply to timeshare condominium
  519  associations. Notwithstanding this sub-subparagraph, an election
  520  is not required unless more candidates file notices of intent to
  521  run or are nominated than board vacancies exist.
  522         b. Within 90 days after being elected or appointed to the
  523  board, each newly elected or appointed director shall certify in
  524  writing to the secretary of the association that he or she has
  525  read the association’s declaration of condominium, articles of
  526  incorporation, bylaws, and current written policies; that he or
  527  she will work to uphold such documents and policies to the best
  528  of his or her ability; and that he or she will faithfully
  529  discharge his or her fiduciary responsibility to the
  530  association’s members. In lieu of this written certification,
  531  within 90 days after being elected or appointed to the board,
  532  the newly elected or appointed director may submit a certificate
  533  of having satisfactorily completed satisfactory completion of
  534  the educational curriculum administered by a division-approved
  535  condominium education provider within 1 year before the date of
  536  election or appointment. The written certification or
  537  educational certificate is valid and does not have to be
  538  resubmitted as long as the director continuously serves on the
  539  board. A director who fails to timely file the written
  540  certification or educational certificate is suspended from
  541  service on the board until he or she complies with this sub
  542  subparagraph. The board may temporarily fill the vacancy during
  543  the period of suspension. The secretary shall cause the
  544  association to retain a director’s written certification or
  545  educational certificate for inspection by the members for 5
  546  years after a director’s election. Failure to have such written
  547  certification or educational certificate on file does not affect
  548  the validity of any board action.
  549         5.4. Any approval by unit owners called for by this chapter
  550  or the applicable declaration or bylaws, including, but not
  551  limited to, the approval requirement in s. 718.111(8), must
  552  shall be made at a duly noticed meeting of unit owners and is
  553  subject to all requirements of this chapter or the applicable
  554  condominium documents relating to unit owner decisionmaking,
  555  except that unit owners may take action by written agreement,
  556  without meetings, on matters for which action by written
  557  agreement without meetings is expressly allowed by the
  558  applicable bylaws or declaration or any law statute that
  559  provides for such action.
  560         6.5. Unit owners may waive notice of specific meetings if
  561  allowed by the applicable bylaws or declaration or any law
  562  statute. If authorized by the bylaws, notice of meetings of the
  563  board of administration, unit owner meetings, except unit owner
  564  meetings called to recall board members under paragraph (j), and
  565  committee meetings may be given by e-mail electronic
  566  transmission to unit owners who consent to receive notice by
  567  electronic transmission.
  568         7.6. Unit owners may shall have the right to participate in
  569  meetings of unit owners with reference to all designated agenda
  570  items. However, the association may adopt reasonable rules
  571  governing the frequency, duration, and manner of unit owner
  572  participation.
  573         8.7.A Any unit owner may tape record or videotape a
  574  meeting of the unit owners subject to reasonable rules adopted
  575  by the division.
  576         9.8. Unless otherwise provided in the bylaws, any vacancy
  577  occurring on the board before the expiration of a term may be
  578  filled by the affirmative vote of the majority of the remaining
  579  directors, even if the remaining directors constitute less than
  580  a quorum, or by the sole remaining director. In the alternative,
  581  a board may hold an election to fill the vacancy, in which case
  582  the election procedures must conform to the requirements of sub
  583  subparagraph 4.a. 3.a. unless the association governs 10 units
  584  or fewer and has opted out of the statutory election process, in
  585  which case the bylaws of the association control. Unless
  586  otherwise provided in the bylaws, a board member appointed or
  587  elected under this section shall fill the vacancy for the
  588  unexpired term of the seat being filled. Filling vacancies
  589  created by recall is governed by paragraph (j) and rules adopted
  590  by the division.
  591  
  592  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
  593  (d)3.a., an association of 10 or fewer units may, by affirmative
  594  vote of a majority of the total voting interests, provide for
  595  different voting and election procedures in its bylaws, which
  596  vote may be by a proxy specifically delineating the different
  597  voting and election procedures. The different voting and
  598  election procedures may provide for elections to be conducted by
  599  limited or general proxy.
  600         Section 3. Section 718.114, Florida Statutes, is amended to
  601  read:
  602         718.114 Association powers.—An association may has the
  603  power to enter into agreements, to acquire leaseholds,
  604  memberships, and other possessory or use interests in lands or
  605  facilities such as country clubs, golf courses, marinas, and
  606  other recreational facilities,. It has this power whether or not
  607  the lands or facilities are contiguous to the lands of the
  608  condominium, if such lands and facilities they are intended to
  609  provide enjoyment, recreation, or other use or benefit to the
  610  unit owners. All of these leaseholds, memberships, and other
  611  possessory or use interests existing or created at the time of
  612  recording the declaration must be stated and fully described in
  613  the declaration. Subsequent to the recording of the declaration,
  614  agreements acquiring these leaseholds, memberships, or other
  615  possessory or use interests which are not entered into within 12
  616  months following the recording of the declaration are shall be
  617  considered a material alteration or substantial addition to the
  618  real property that is association property, and the association
  619  may not acquire or enter into such agreements acquiring these
  620  leaseholds, memberships, or other possessory or use interests
  621  except upon a vote of, or written consent by, a majority of the
  622  total voting interests as authorized by the declaration as
  623  provided in s. 718.113. The declaration may provide that the
  624  rental, membership fees, operations, replacements, and other
  625  expenses are common expenses and may impose covenants and
  626  restrictions concerning their use and may contain other
  627  provisions not inconsistent with this chapter. A condominium
  628  association may conduct bingo games as provided in s. 849.0931.
  629         Section 4. Subsection (3), paragraph (b) of subsection (5),
  630  and subsection (11) of section 718.116, Florida Statutes, are
  631  amended to read:
  632         718.116 Assessments; liability; lien and priority;
  633  interest; collection.—
  634         (3) Assessments and installments on assessments which are
  635  not paid when due bear interest at the rate provided in the
  636  declaration, from the due date until paid. The This rate may not
  637  exceed the rate allowed by law, and, if no rate is provided in
  638  the declaration, interest accrues at the rate of 18 percent per
  639  year. Also, If provided by the declaration or bylaws, the
  640  association may, in addition to such interest, charge an
  641  administrative late fee of up to the greater of $25 or 5 percent
  642  of each installment of the assessment for each delinquent
  643  installment for which the payment is late. The association may
  644  also charge for any reasonable expenses for collection services
  645  incurred relating to the delinquent account. Any payment
  646  received by an association must be applied first to any interest
  647  accrued by the association, then to any administrative late fee,
  648  then to any expenses for collection services, then to any costs
  649  and reasonable attorney’s fees incurred in collection, and then
  650  to the delinquent assessment. The foregoing is applicable
  651  notwithstanding any restrictive endorsement, designation, or
  652  instruction placed on or accompanying a payment. A late fee is
  653  not subject to chapter 687 or s. 718.303(4) 718.303(3).
  654         (5)
  655         (b) To be valid, a claim of lien must state the description
  656  of the condominium parcel, the name of the record owner, the
  657  name and address of the association, the amount due, and the due
  658  dates. It must be executed and acknowledged by an officer or
  659  authorized agent of the association. The lien is not effective
  660  longer than 1 year after the claim of lien was recorded unless,
  661  within that time, an action to enforce the lien is commenced.
  662  The 1-year period is automatically extended for any length of
  663  time during which the association is prevented from filing a
  664  foreclosure action by an automatic stay resulting from a
  665  bankruptcy petition filed by the parcel owner or any other
  666  person claiming an interest in the parcel. The claim of lien
  667  secures all unpaid assessments that are due and that may accrue
  668  after the claim of lien is recorded and through the entry of a
  669  final judgment, as well as interest and all reasonable costs and
  670  attorney’s fees incurred by the association incident to the
  671  collection process. The claim of lien also secures any
  672  reasonable expenses for collection services relating to the
  673  delinquent account which the association incurred before filing
  674  a claim. Upon payment in full, the person making the payment is
  675  entitled to a satisfaction of the lien.
  676  
  677  After notice of contest of lien has been recorded, the clerk of
  678  the circuit court shall mail a copy of the recorded notice to
  679  the association by certified mail, return receipt requested, at
  680  the address shown in the claim of lien or most recent amendment
  681  to it and shall certify to the service on the face of the
  682  notice. Service is complete upon mailing. After service, the
  683  association has 90 days in which to file an action to enforce
  684  the lien; and, if the action is not filed within the 90-day
  685  period, the lien is void. However, the 90-day period shall be
  686  extended for any length of time during which that the
  687  association is prevented from filing its action because of an
  688  automatic stay resulting from the filing of a bankruptcy
  689  petition by the unit owner or by any other person claiming an
  690  interest in the parcel.
  691         (11) If the unit is occupied by a tenant and the unit owner
  692  is delinquent in paying any monetary obligation due to the
  693  association, the association may make a written demand that the
  694  tenant pay all unpaid rent due to the association the future
  695  monetary obligations related to the condominium unit to the
  696  association, and continue to the tenant must make such payment
  697  until all monetary obligations of the unit owner related to the
  698  unit have been paid in full to the association. The demand is
  699  continuing in nature and, upon demand, The tenant must pay the
  700  rent the monetary obligations to the association until the
  701  association releases the tenant or the tenant discontinues
  702  tenancy in the unit. The association must mail written notice to
  703  the unit owner of the association’s demand that the tenant make
  704  payments to the association. The association shall, upon
  705  request, provide the tenant with written receipts for payments
  706  made. A tenant who acts in good faith in response to a written
  707  demand from an association is immune from any claim by from the
  708  unit owner. Any payment received from a tenant must be applied
  709  to the unit owner’s most delinquent monetary obligation.
  710         (a) If the tenant prepaid rent to the unit owner before
  711  receiving the demand from the association and provides written
  712  evidence of prepaying paying the rent to the association within
  713  14 days after receiving the demand, the tenant shall receive
  714  credit for the prepaid rent for the applicable period but and
  715  must make any subsequent rental payments to the association to
  716  be credited against the monetary obligations of the unit owner
  717  to the association.
  718         (b) The tenant is not liable for increases in the amount of
  719  the monetary obligations due unless the tenant was notified in
  720  writing of the increase at least 10 days before the date the
  721  rent is due. The liability of the tenant may not exceed the
  722  amount due from the tenant to the tenant’s landlord. The
  723  tenant’s landlord shall provide the tenant a credit against
  724  rents due to the unit owner in the amount of moneys paid to the
  725  association under this section.
  726         (c) The association may issue notices under s. 83.56 and
  727  may sue for eviction under ss. 83.59-83.625 as if the
  728  association were a landlord under part II of chapter 83 if the
  729  tenant fails to pay a required payment to the association.
  730  However, the association is not otherwise considered a landlord
  731  under chapter 83 and specifically has no obligations duties
  732  under s. 83.51.
  733         (d) The tenant does not, by virtue of payment of rent
  734  monetary obligations to the association, have any of the rights
  735  of a unit owner to vote in any election or to examine the books
  736  and records of the association.
  737         (e) A court may supersede the effect of this subsection by
  738  appointing a receiver.
  739         Section 5. Subsections (3), (4), and (11), paragraphs (a)
  740  and (d) of subsection (12), subsection (14), paragraph (a) of
  741  subsection (17), and subsections (18) and (19) of section
  742  718.117, Florida Statutes, are amended to read:
  743         718.117 Termination of condominium.—
  744         (3) OPTIONAL TERMINATION.—Except as provided in subsection
  745  (2) or unless the declaration provides for a lower percentage,
  746  the condominium form of ownership of the property may be
  747  terminated for all or a portion of the condominium property
  748  pursuant to a plan of termination approved by at least 80
  749  percent of the total voting interests of the condominium if no
  750  not more than 10 percent of the total voting interests of the
  751  condominium have rejected the plan of termination by negative
  752  vote or by providing written objections thereto. This subsection
  753  does not apply to condominiums in which 75 percent or more of
  754  the units are timeshare units.
  755         (4) EXEMPTION.—A plan of termination is not an amendment
  756  subject to s. 718.110(4). In a partial termination, a plan of
  757  termination is not an amendment subject to s. 718.110(4) if the
  758  ownership share of the common elements of a surviving unit in
  759  the condominium remains in the same proportion to the surviving
  760  units as it was before the partial termination.
  761         (11) PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
  762  TERMINATION.—
  763         (a) The plan of termination may provide that each unit
  764  owner retains the exclusive right of possession to the portion
  765  of the real estate which that formerly constituted the unit if,
  766  in which case the plan specifies must specify the conditions of
  767  possession. In a partial termination, the plan of termination as
  768  specified in subsection (10) must also identify the units that
  769  survive the partial termination and provide that such units
  770  remain in the condominium form of ownership pursuant to an
  771  amendment to the declaration of condominium or an amended and
  772  restated declaration. In a partial termination, title to the
  773  surviving units and common elements that remain part of the
  774  condominium property specified in the plan of termination remain
  775  vested in the ownership shown in the public records and do not
  776  vest in the termination trustee.
  777         (b) In a conditional termination, the plan must specify the
  778  conditions for termination. A conditional plan does not vest
  779  title in the termination trustee until the plan and a
  780  certificate executed by the association with the formalities of
  781  a deed, confirming that the conditions in the conditional plan
  782  have been satisfied or waived by the requisite percentage of the
  783  voting interests, have been recorded. In a partial termination,
  784  the plan does not vest title to the surviving units or common
  785  elements that remain part of the condominium property in the
  786  termination trustee.
  787         (12) ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
  788  PROPERTY.—
  789         (a) Unless the declaration expressly provides for the
  790  allocation of the proceeds of sale of condominium property, the
  791  plan of termination must first apportion the proceeds between
  792  the aggregate value of all units and the value of the common
  793  elements, based on their respective fair market values
  794  immediately before the termination, as determined by one or more
  795  independent appraisers selected by the association or
  796  termination trustee. In a partial termination, the aggregate
  797  values of the units and common elements that are being
  798  terminated must be separately determined, and the plan of
  799  termination must specify the allocation of the proceeds of sale
  800  for the units and common elements.
  801         (d) Liens that encumber a unit shall be transferred to the
  802  proceeds of sale of the condominium property and the proceeds of
  803  sale or other distribution of association property, common
  804  surplus, or other association assets attributable to such unit
  805  in their same priority. In a partial termination, liens that
  806  encumber a unit being terminated must be transferred to the
  807  proceeds of sale of that portion of the condominium property
  808  being terminated which are attributable to such unit. The
  809  proceeds of any sale of condominium property pursuant to a plan
  810  of termination may not be deemed to be common surplus or
  811  association property.
  812         (14) TITLE VESTED IN TERMINATION TRUSTEE.—If termination is
  813  pursuant to a plan of termination under subsection (2) or
  814  subsection (3), the unit owners’ rights and title to as tenants
  815  in common in undivided interests in the condominium property
  816  being terminated vests vest in the termination trustee when the
  817  plan is recorded or at a later date specified in the plan. The
  818  unit owners thereafter become the beneficiaries of the proceeds
  819  realized from the plan of termination as set forth in the plan.
  820  The termination trustee may deal with the condominium property
  821  being terminated or any interest therein if the plan confers on
  822  the trustee the authority to protect, conserve, manage, sell, or
  823  dispose of the condominium property. The trustee, on behalf of
  824  the unit owners, may contract for the sale of real property
  825  being terminated, but the contract is not binding on the unit
  826  owners until the plan is approved pursuant to subsection (2) or
  827  subsection (3).
  828         (17) DISTRIBUTION.—
  829         (a) Following termination of the condominium, the
  830  condominium property, association property, common surplus, and
  831  other assets of the association shall be held by the termination
  832  trustee pursuant to the plan of termination, as trustee for unit
  833  owners and holders of liens on the units, in their order of
  834  priority unless otherwise set forth in the plan of termination.
  835         (18) ASSOCIATION STATUS.—The termination of a condominium
  836  does not change the corporate status of the association that
  837  operated the condominium property. The association continues to
  838  exist to conclude its affairs, prosecute and defend actions by
  839  or against it, collect and discharge obligations, dispose of and
  840  convey its property, and collect and divide its assets, but not
  841  to act except as necessary to conclude its affairs. In a partial
  842  termination, the association may continue as the condominium
  843  association for the property that remains subject to a
  844  declaration of condominium.
  845         (19) CREATION OF ANOTHER CONDOMINIUM.—The termination or
  846  partial termination of a condominium does not bar the filing of
  847  a declaration of condominium or an amended and restated
  848  declaration of condominium by the termination trustee or the
  849  trustee’s successor in interest which affects affecting any
  850  portion of the same property that does not continue under the
  851  condominium form of ownership pursuant to the plan of
  852  termination. The partial termination may provide for the
  853  simultaneous filing of an amendment to the declaration of
  854  condominium or an amended and restated declaration of
  855  condominium by the condominium association for any portion of
  856  the property remaining in the condominium form of ownership.
  857         Section 6. Subsections (3), (4), and (5) of section
  858  718.303, Florida Statutes, are amended, and subsection (6) is
  859  added to that section, to read:
  860         718.303 Obligations of owners and occupants; remedies.—
  861         (3) If a unit owner is delinquent for more than 90 days in
  862  paying a monetary obligation due to the association, the
  863  association may suspend the right of a unit owner or a unit’s
  864  occupant, licensee, or invitee to use common elements, common
  865  facilities, or any other association property until the monetary
  866  obligation is paid. This subsection does not apply to limited
  867  common elements intended to be used only by that unit, common
  868  elements that must be used to access the unit, utility services
  869  provided to the unit, parking spaces, or elevators. The
  870  association may also levy reasonable fines for the failure of
  871  the owner of the unit, or its occupant, licensee, or invitee, to
  872  comply with any provision of the declaration, the association
  873  bylaws, or reasonable rules of the association. A fine may does
  874  not become a lien against a unit. A fine may not exceed $100 per
  875  violation. However, A fine may be levied on the basis of each
  876  day of a continuing violation, with a single notice and
  877  opportunity for hearing. However, the fine may not exceed $100
  878  per violation, or $1,000 in the aggregate exceed $1,000. A fine
  879  may not be levied and a suspension may not be imposed unless the
  880  association first provides at least 14 days’ written notice and
  881  an opportunity for a hearing to the unit owner and, if
  882  applicable, its occupant, licensee, or invitee. The hearing must
  883  be held before a committee of other unit owners who are neither
  884  board members nor persons residing in a board member’s
  885  household. If the committee does not agree with the fine or
  886  suspension, the fine or suspension may not be levied or imposed.
  887         (4) If a unit owner is more than 90 days delinquent in
  888  paying a monetary obligation due to the association, the
  889  association may suspend the right of the unit owner or the
  890  unit’s occupant, licensee, or invitee to use common elements,
  891  common facilities, or any other association property until the
  892  monetary obligation is paid. This subsection does not apply to
  893  limited common elements intended to be used only by that unit,
  894  common elements needed to access the unit, utility services
  895  provided to the unit, parking spaces, or elevators. The notice
  896  and hearing requirements under subsection (3) do not apply to
  897  suspensions imposed under this subsection.
  898         (4) The notice and hearing requirements of subsection (3)
  899  do not apply to the imposition of suspensions or fines against a
  900  unit owner or a unit’s occupant, licensee, or invitee because of
  901  failing to pay any amounts due the association. If such a fine
  902  or suspension is imposed, the association must levy the fine or
  903  impose a reasonable suspension at a properly noticed board
  904  meeting, and after the imposition of such fine or suspension,
  905  the association must notify the unit owner and, if applicable,
  906  the unit’s occupant, licensee, or invitee by mail or hand
  907  delivery.
  908         (5) An association may also suspend the voting rights of a
  909  member due to nonpayment of any monetary obligation due to the
  910  association which is more than 90 days delinquent. The
  911  suspension ends upon full payment of all obligations currently
  912  due or overdue the association. The notice and hearing
  913  requirements under subsection (3) do not apply to a suspension
  914  imposed under this subsection.
  915         (6) All suspensions imposed pursuant to subsection (4) or
  916  subsection (5) must be approved at a properly noticed board
  917  meeting. Upon approval, the association must notify the unit
  918  owner and, if applicable, the unit’s occupant, licensee, or
  919  invitee by mail or hand delivery.
  920         Section 7. Section 718.703, Florida Statutes, is amended to
  921  read:
  922         718.703 Definitions.—As used in this part, the term:
  923         (1) “Bulk assignee” means a person who is not a bulk buyer
  924  and who:
  925         (a) Acquires more than seven condominium parcels in a
  926  single condominium as set forth in s. 718.707; and
  927         (b) Receives an assignment of any of the developer rights,
  928  other than or in addition to those rights described in
  929  subsection (2), some or all of the rights of the developer as
  930  set forth in the declaration of condominium or this chapter: by
  931         1.By a written instrument recorded as part of, or an
  932  exhibit to the deed; or as
  933         2.By a separate instrument recorded in the public records
  934  of the county in which the condominium is located; or
  935         3. Pursuant to a final judgment or certificate of title
  936  issued in favor of a purchaser at a foreclosure sale.
  937  
  938  A mortgagee or its assignee may not be deemed a bulk assignee or
  939  a developer by reason of the acquisition of condominium units
  940  and receipt of an assignment of some or all of a developer
  941  rights unless the mortgagee or its assignee exercises any of the
  942  developer rights other than those described in subsection (2).
  943         (2) “Bulk buyer” means a person who acquires more than
  944  seven condominium parcels in a single condominium as set forth
  945  in s. 718.707, but who does not receive an assignment of any
  946  developer rights, or receives only some or all of the following
  947  rights: other than
  948         (a) The right to conduct sales, leasing, and marketing
  949  activities within the condominium;
  950         (b) The right to be exempt from the payment of working
  951  capital contributions to the condominium association arising out
  952  of, or in connection with, the bulk buyer’s acquisition of the a
  953  bulk number of units; and
  954         (c) The right to be exempt from any rights of first refusal
  955  which may be held by the condominium association and would
  956  otherwise be applicable to subsequent transfers of title from
  957  the bulk buyer to a third party purchaser concerning one or more
  958  units.
  959         Section 8. Section 718.704, Florida Statutes, is amended to
  960  read:
  961         718.704 Assignment and assumption of developer rights by
  962  bulk assignee; bulk buyer.—
  963         (1) A bulk assignee is deemed to have assumed assumes and
  964  is liable for all duties and responsibilities of the developer
  965  under the declaration and this chapter upon its acquisition of
  966  title to units, except that it is not liable for:
  967         (a) Warranties of the developer under s. 718.203(1) or s.
  968  718.618, except as expressly provided by the bulk assignee in a
  969  prospectus or offering circular, or the contract for purchase
  970  and sale executed with a purchaser, or for design, construction,
  971  development, or repair work performed by or on behalf of the
  972  such bulk assignee.;
  973         (b) The obligation to:
  974         1. Fund converter reserves under s. 718.618 for a unit that
  975  was not acquired by the bulk assignee; or
  976         2. Provide implied converter warranties on any portion of
  977  the condominium property except as expressly provided by the
  978  bulk assignee in a prospectus or offering circular, or the
  979  contract for purchase and sale executed with a purchaser, or for
  980  and pertaining to any design, construction, development, or
  981  repair work performed by or on behalf of the bulk assignee.;
  982         (c) The requirement to provide the association with a
  983  cumulative audit of the association’s finances from the date of
  984  formation of the condominium association as required by s.
  985  718.301(4)(c). However, the bulk assignee must provide an audit
  986  for the period during which the bulk assignee elects or appoints
  987  a majority of the members of the board of administration.;
  988         (d) Any liability arising out of or in connection with
  989  actions taken by the board of administration or the developer
  990  appointed directors before the bulk assignee elects or appoints
  991  a majority of the members of the board of administration.; and
  992         (e) Any liability for or arising out of the developer’s
  993  failure to fund previous assessments or to resolve budgetary
  994  deficits in relation to a developer’s right to guarantee
  995  assessments, except as otherwise provided in subsection (2).
  996  
  997  The bulk assignee is also responsible only for delivering
  998  documents and materials in accordance with s. 718.705(3). A bulk
  999  assignee may expressly assume some or all of the developer
 1000  obligations of the developer described in paragraphs (a)-(e).
 1001         (2) A bulk assignee assigned the developer rights receiving
 1002  the assignment of the rights of the developer to guarantee the
 1003  level of assessments and fund budgetary deficits pursuant to s.
 1004  718.116 assumes and is liable for all obligations of the
 1005  developer with respect to such guarantee upon its acquisition of
 1006  title to the units, including any applicable funding of reserves
 1007  to the extent required by law, for as long as the guarantee
 1008  remains in effect. A bulk assignee not receiving such
 1009  assignment, or a bulk buyer, does not assume and is not liable
 1010  for the obligations of the developer with respect to such
 1011  guarantee, but is responsible for payment of assessments due on
 1012  or after acquisition of the units in the same manner as all
 1013  other owners of condominium parcels or as otherwise provided in
 1014  s. 718.116.
 1015         (3) A bulk buyer is liable for the duties and
 1016  responsibilities of a the developer under the declaration and
 1017  this chapter only to the extent that such provided in this part,
 1018  together with any other duties or responsibilities are of the
 1019  developer expressly assumed in writing by the bulk buyer.
 1020         (4) An acquirer of condominium parcels is not a bulk
 1021  assignee or a bulk buyer if the transfer to such acquirer was
 1022  made:
 1023         (a) Before the effective date of this part;
 1024         (b) With the intent to hinder, delay, or defraud any
 1025  purchaser, unit owner, or the association;, or if the acquirer
 1026  is
 1027         (c) By a person who would be considered an insider under s.
 1028  726.102(7).
 1029         (5) An assignment of developer rights to a bulk assignee
 1030  may be made by a the developer, a previous bulk assignee, a
 1031  mortgagee or assignee who has acquired title to the units and
 1032  received an assignment of rights, or a court acting on behalf of
 1033  the developer or the previous bulk assignee if such developer
 1034  rights are held by the predecessor in title to the bulk
 1035  assignee. At any particular time, there may not be no more than
 1036  one bulk assignee within a condominium; however, but there may
 1037  be more than one bulk buyer. If more than one acquirer of
 1038  condominium parcels in the same condominium receives an
 1039  assignment of developer rights in addition to those rights
 1040  described in s. 718.703(2) from the same person, the bulk
 1041  assignee is the acquirer whose instrument of assignment is
 1042  recorded first in the public records of the county in which the
 1043  condominium is located, and any subsequent purported bulk
 1044  assignee may still qualify as a bulk buyer.
 1045         Section 9. Subsections (1) and (3) of section 718.705,
 1046  Florida Statutes, are amended to read:
 1047         718.705 Board of administration; transfer of control.—
 1048         (1) If, at the time the bulk assignee acquires title to the
 1049  units and receives an assignment of developer rights, the
 1050  developer has not relinquished control of the board of
 1051  administration, for purposes of determining the timing for
 1052  transfer of control of the board of administration of the
 1053  association to unit owners other than the developer under s.
 1054  718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
 1055  majority of the members of the board, a condominium parcel
 1056  acquired by the bulk assignee is not deemed to be conveyed to a
 1057  purchaser, or owned by an owner other than the developer, until
 1058  the condominium parcel is conveyed to an owner who is not a bulk
 1059  assignee.
 1060         (3) If a bulk assignee relinquishes control of the board of
 1061  administration as set forth in s. 718.301, the bulk assignee
 1062  must deliver all of those items required by s. 718.301(4).
 1063  However, the bulk assignee is not required to deliver items and
 1064  documents not in the possession of the bulk assignee if some
 1065  items were or should have been in existence before the bulk
 1066  assignee’s acquisition of the units during the period during
 1067  which the bulk assignee was entitled to elect at least a
 1068  majority of the members of the board of administration. In
 1069  conjunction with the acquisition of units condominium parcels, a
 1070  bulk assignee shall undertake a good faith effort to obtain the
 1071  documents and materials that must be provided to the association
 1072  pursuant to s. 718.301(4). If the bulk assignee is not able to
 1073  obtain all of such documents and materials, the bulk assignee
 1074  must certify in writing to the association the names or
 1075  descriptions of the documents and materials that were not
 1076  obtainable by the bulk assignee. Delivery of the certificate
 1077  relieves the bulk assignee of responsibility for delivering the
 1078  documents and materials referenced in the certificate as
 1079  otherwise required under ss. 718.112 and 718.301 and this part.
 1080  The responsibility of the bulk assignee for the audit required
 1081  by s. 718.301(4) commences as of the date on which the bulk
 1082  assignee elected or appointed a majority of the members of the
 1083  board of administration.
 1084         Section 10. Section 718.706, Florida Statutes, is amended
 1085  to read:
 1086         718.706 Specific provisions pertaining to offering of units
 1087  by a bulk assignee or bulk buyer.—
 1088         (1) Before offering more than seven any units in a single
 1089  condominium for sale or for lease for a term exceeding 5 years,
 1090  a bulk assignee or a bulk buyer must file the following
 1091  documents with the division and provide such documents to a
 1092  prospective purchaser or tenant:
 1093         (a) An updated prospectus or offering circular, or a
 1094  supplement to the prospectus or offering circular, filed by the
 1095  original developer prepared in accordance with s. 718.504, which
 1096  must include the form of contract for sale and for lease in
 1097  compliance with s. 718.503(2);
 1098         (b) An updated Frequently Asked Questions and Answers
 1099  sheet;
 1100         (c) The executed escrow agreement if required under s.
 1101  718.202; and
 1102         (d) The financial information required by s. 718.111(13).
 1103  However, if a financial information report did does not exist
 1104  for the fiscal year before the acquisition of title by the bulk
 1105  assignee or bulk buyer, and or accounting records that cannot be
 1106  obtained in good faith by the bulk assignee or the bulk buyer
 1107  which would permit preparation of the required financial
 1108  information report for that period cannot be obtained despite
 1109  good faith efforts by the bulk assignee or the bulk buyer, the
 1110  bulk assignee or bulk buyer is excused from the requirement of
 1111  this paragraph. However, the bulk assignee or bulk buyer must
 1112  include in the purchase contract the following statement in
 1113  conspicuous type:
 1114  
 1115         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 1116         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 1117         BEFORE THE SELLER’S ACQUISITION OF THE UNIT
 1118         IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
 1119         IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
 1120         GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
 1121         INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
 1122  
 1123         (2) Before offering more than seven any units in a single
 1124  condominium for sale or for lease for a term exceeding 5 years,
 1125  a bulk assignee or a bulk buyer must file with the division and
 1126  provide to a prospective purchaser or tenant under a lease for a
 1127  term exceeding 5 years a disclosure statement that includes, but
 1128  is not limited to:
 1129         (a) A description of any rights of the developer rights
 1130  that developer which have been assigned to the bulk assignee or
 1131  bulk buyer;
 1132         (b) The following statement in conspicuous type:
 1133  
 1134         THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
 1135         DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
 1136         APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
 1137         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
 1138         OF THE SELLER; and
 1139  
 1140         (c) If the condominium is a conversion subject to part VI,
 1141  the following statement in conspicuous type:
 1142  
 1143         THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
 1144         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
 1145         718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
 1146         EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
 1147         THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
 1148         SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
 1149         ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
 1150         PERFORMED BY OR ON BEHALF OF THE SELLER.
 1151  
 1152         (3) A bulk assignee, while it is in control of the board of
 1153  administration of the association, may not authorize, on behalf
 1154  of the association:
 1155         (a) The waiver of reserves or the reduction of funding of
 1156  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 1157  a majority of the voting interests not controlled by the
 1158  developer, bulk assignee, and bulk buyer; or
 1159         (b) The use of reserve expenditures for other purposes
 1160  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 1161  the voting interests not controlled by the developer, bulk
 1162  assignee, and bulk buyer.
 1163         (4) A bulk assignee or a bulk buyer must comply with all
 1164  the requirements of s. 718.302 regarding any contracts entered
 1165  into by the association during the period the bulk assignee or
 1166  bulk buyer maintains control of the board of administration.
 1167  Unit owners shall be provided afforded all of the rights and the
 1168  protections contained in s. 718.302 regarding agreements entered
 1169  into by the association which are under the control of before
 1170  unit owners other than the developer, bulk assignee, or bulk
 1171  buyer elected a majority of the board of administration.
 1172         (5) Notwithstanding any other provision of this part, a
 1173  bulk assignee or a bulk buyer is not required to comply with the
 1174  filing or disclosure requirements of subsections (1) and (2) if
 1175  all of the units owned by the bulk assignee or bulk buyer are
 1176  offered and conveyed to a single purchaser in a single
 1177  transaction. A bulk buyer must comply with the requirements
 1178  contained in the declaration regarding any transfer of a unit,
 1179  including sales, leases, and subleases. A bulk buyer is not
 1180  entitled to any exemptions afforded a developer or successor
 1181  developer under this chapter regarding the transfer of a unit,
 1182  including sales, leases, or subleases.
 1183         Section 11. Section 718.707, Florida Statutes, is amended
 1184  to read:
 1185         718.707 Time limitation for classification as bulk assignee
 1186  or bulk buyer.—A person acquiring condominium parcels may not be
 1187  classified as a bulk assignee or bulk buyer unless the
 1188  condominium parcels were acquired on or after July 1, 2010, but
 1189  before July 1, 2012. The date of such acquisition shall be
 1190  determined by the date of recording of a deed or other
 1191  instrument of conveyance for such parcels in the public records
 1192  of the county in which the condominium is located, or by the
 1193  date of issuing issuance of a certificate of title in a
 1194  foreclosure proceeding with respect to such condominium parcels.
 1195         Section 12. Subsection (10) of section 719.108, Florida
 1196  Statutes, is amended to read:
 1197         719.108 Rents and assessments; liability; lien and
 1198  priority; interest; collection; cooperative ownership.—
 1199         (10) If the unit is occupied by a tenant and the unit owner
 1200  is delinquent in paying any monetary obligation due to the
 1201  association, the association may make a written demand that the
 1202  tenant pay all unpaid rent due to the association the future
 1203  monetary obligations related to the unit cooperative share to
 1204  the association and continue to the tenant must make such
 1205  payment until all monetary obligations of the unit owner related
 1206  to the unit have been paid in full to the association. The
 1207  demand is continuing in nature, and upon demand, The tenant must
 1208  pay the rent the monetary obligations to the association until
 1209  the association releases the tenant or the tenant discontinues
 1210  tenancy in the unit. The association must mail written notice to
 1211  the unit owner of the association’s demand that the tenant make
 1212  payments to the association. The association shall, upon
 1213  request, provide the tenant with written receipts for payments
 1214  made. A tenant who acts in good faith in response to a written
 1215  demand from an association is immune from any claim by from the
 1216  unit owner. Any payment received from a tenant by the
 1217  association must be applied to the unit owner’s most delinquent
 1218  monetary obligation.
 1219         (a) If the tenant prepaid rent to the unit owner before
 1220  receiving the demand from the association and provides written
 1221  evidence of prepaying paying the rent to the association within
 1222  14 days after receiving the demand, the tenant shall receive
 1223  credit for the prepaid rent for the applicable period but and
 1224  must make any subsequent rental payments to the association to
 1225  be credited against the monetary obligations of the unit owner
 1226  to the association.
 1227         (b) The tenant is not liable for increases in the amount of
 1228  the regular monetary obligations due unless the tenant was
 1229  notified in writing of the increase at least 10 days before the
 1230  date on which the rent is due. The liability of the tenant may
 1231  not exceed the amount due from the tenant to the tenant’s
 1232  landlord. The tenant’s landlord shall provide the tenant a
 1233  credit against rents due to the unit owner in the amount of
 1234  moneys paid to the association under this section.
 1235         (c) The association may issue notices under s. 83.56 and
 1236  may sue for eviction under ss. 83.59-83.625 as if the
 1237  association were a landlord under part II of chapter 83 if the
 1238  tenant fails to pay a required payment. However, the association
 1239  is not otherwise considered a landlord under chapter 83 and
 1240  specifically has no obligations duties under s. 83.51.
 1241         (d) The tenant does not, by virtue of payment of monetary
 1242  obligations, have any of the rights of a unit owner to vote in
 1243  any election or to examine the books and records of the
 1244  association.
 1245         (e) A court may supersede the effect of this subsection by
 1246  appointing a receiver.
 1247         Section 13. Subsection (3) of section 719.303, Florida
 1248  Statutes, is amended, and subsections (4), (5), and (6) are
 1249  added to that section, to read:
 1250         719.303 Obligations of owners.—
 1251         (3) If the cooperative documents so provide, The
 1252  association may levy reasonable fines against a unit owner for
 1253  failure of the unit owner or the unit’s occupant, his or her
 1254  licensee, or invitee or the unit’s occupant to comply with any
 1255  provision of the cooperative documents or reasonable rules of
 1256  the association. A fine may not No fine shall become a lien
 1257  against a unit. No fine shall exceed $100 per violation.
 1258  However, A fine may be levied on the basis of each day of a
 1259  continuing violation, with a single notice and opportunity for
 1260  hearing. However, the fine may not exceed $100 per violation, or
 1261  $1,000 provided that no such fine shall in the aggregate exceed
 1262  $1,000. A No fine may not be levied except after giving
 1263  reasonable notice and opportunity for a hearing to the unit
 1264  owner and, if applicable, the unit’s his or her licensee or
 1265  invitee. The hearing must shall be held before a committee of
 1266  other unit owners. If the committee does not agree with the
 1267  fine, it may shall not be levied. This subsection does not apply
 1268  to unoccupied units.
 1269         (4) If a unit owner is more than 90 days delinquent in
 1270  paying a monetary obligation due to the association, the
 1271  association may suspend the right of the unit owner or the
 1272  unit’s occupant, licensee, or invitee to use common elements,
 1273  common facilities, or any other association property until the
 1274  monetary obligation is paid. This subsection does not apply to
 1275  limited common elements intended to be used only by that unit,
 1276  common elements needed to access the unit, utility services
 1277  provided to the unit, parking spaces, or elevators. The notice
 1278  and hearing requirements under subsection (3) do not apply to
 1279  suspensions imposed under this subsection.
 1280         (5) An association may suspend the voting rights of a
 1281  member due to nonpayment of any monetary obligation due to the
 1282  association which is more than 90 days delinquent. The
 1283  suspension ends upon full payment of all obligations currently
 1284  due or overdue the association. The notice and hearing
 1285  requirements under subsection (3) do not apply to a suspension
 1286  imposed under this subsection.
 1287         (6) All suspensions imposed pursuant to subsection (4) or
 1288  subsection (5) must be approved at a properly noticed board
 1289  meeting. Upon approval, the association must notify the unit
 1290  owner and, if applicable, the unit’s occupant, licensee, or
 1291  invitee by mail or hand delivery.
 1292         Section 14. Paragraph (c) of subsection (5) of section
 1293  720.303, Florida Statutes, is amended to read:
 1294         720.303 Association powers and duties; meetings of board;
 1295  official records; budgets; financial reporting; association
 1296  funds; recalls.—
 1297         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1298  shall be maintained within the state and must be open to
 1299  inspection and available for photocopying by members or their
 1300  authorized agents at reasonable times and places within 10
 1301  business days after receipt of a written request for access.
 1302  This subsection may be complied with by having a copy of the
 1303  official records available for inspection or copying in the
 1304  community. If the association has a photocopy machine available
 1305  where the records are maintained, it must provide parcel owners
 1306  with copies on request during the inspection if the entire
 1307  request is limited to no more than 25 pages.
 1308         (c) The association may adopt reasonable written rules
 1309  governing the frequency, time, location, notice, records to be
 1310  inspected, and manner of inspections, but may not require a
 1311  parcel owner to demonstrate any proper purpose for the
 1312  inspection, state any reason for the inspection, or limit a
 1313  parcel owner’s right to inspect records to less than one 8-hour
 1314  business day per month. The association may impose fees to cover
 1315  the costs of providing copies of the official records,
 1316  including, without limitation, the costs of copying. The
 1317  association may charge up to 50 cents per page for copies made
 1318  on the association’s photocopier. If the association does not
 1319  have a photocopy machine available where the records are kept,
 1320  or if the records requested to be copied exceed 25 pages in
 1321  length, the association may have copies made by an outside
 1322  vendor or association management company personnel and may
 1323  charge the actual cost of copying, including any reasonable
 1324  costs involving personnel fees and charges at an hourly rate for
 1325  vendor or employee time to cover administrative costs to the
 1326  vendor or association. The association shall maintain an
 1327  adequate number of copies of the recorded governing documents,
 1328  to ensure their availability to members and prospective members.
 1329  Notwithstanding this paragraph, the following records are not
 1330  accessible to members or parcel owners:
 1331         1. Any record protected by the lawyer-client privilege as
 1332  described in s. 90.502 and any record protected by the work
 1333  product privilege, including, but not limited to, a any record
 1334  prepared by an association attorney or prepared at the
 1335  attorney’s express direction which reflects a mental impression,
 1336  conclusion, litigation strategy, or legal theory of the attorney
 1337  or the association and which was prepared exclusively for civil
 1338  or criminal litigation or for adversarial administrative
 1339  proceedings or which was prepared in anticipation of such
 1340  imminent civil or criminal litigation or imminent adversarial
 1341  administrative proceedings until the conclusion of the
 1342  litigation or administrative proceedings.
 1343         2. Information obtained by an association in connection
 1344  with the approval of the lease, sale, or other transfer of a
 1345  parcel.
 1346         3. Personnel records of the association’s employees,
 1347  including, but not limited to, disciplinary, payroll, health,
 1348  and insurance records, but not including written employment
 1349  agreements with an association employee or budgetary or
 1350  financial records that indicate the compensation paid to an
 1351  association employee.
 1352         4. Medical records of parcel owners or community residents.
 1353         5. Social security numbers, driver’s license numbers,
 1354  credit card numbers, e-mail electronic mailing addresses,
 1355  telephone numbers, facsimile numbers, emergency contact
 1356  information, any addresses for a parcel owner other than as
 1357  provided for association notice requirements, and other personal
 1358  identifying information of any person, excluding the person’s
 1359  name, parcel designation, mailing address, and property address.
 1360         6. Any electronic security measure that is used by the
 1361  association to safeguard data, including passwords.
 1362         7. The software and operating system used by the
 1363  association which allows the manipulation of data, even if the
 1364  owner owns a copy of the same software used by the association.
 1365  The data is part of the official records of the association.
 1366         Section 15. Subsections (2) and (3) of section 720.305,
 1367  Florida Statutes, are amended and renumbered as subsections (3)
 1368  and (4), respectively, and subsection (5) is added to that
 1369  section, to read:
 1370         720.305 Obligations of members; remedies at law or in
 1371  equity; levy of fines and suspension of use rights.—
 1372         (2) The association If a member is delinquent for more than
 1373  90 days in paying a monetary obligation due the association, an
 1374  association may suspend, until such monetary obligation is paid,
 1375  the rights of a member or a member’s tenants, guests, or
 1376  invitees, or both, to use common areas and facilities and may
 1377  levy reasonable fines of up to $100 per violation, against any
 1378  member or any member’s tenant, guest, or invitee for the failure
 1379  of the owner of the parcel, or its occupant, licensee, or
 1380  invitee, to comply with any provision of the declaration, the
 1381  association bylaws, or reasonable rules of the association. A
 1382  fine may be levied for each day of a continuing violation, with
 1383  a single notice and opportunity for hearing, except that the a
 1384  fine may not exceed $1,000 in the aggregate unless otherwise
 1385  provided in the governing documents. A fine of less than $1,000
 1386  may not become a lien against a parcel. In any action to recover
 1387  a fine, the prevailing party is entitled to collect its
 1388  reasonable attorney’s fees and costs from the nonprevailing
 1389  party as determined by the court.
 1390         (a) If the governing documents so provide, an association
 1391  may suspend, for a reasonable period of time, the rights of a
 1392  member or a member’s tenant, guest, or invitee, to use common
 1393  areas and facilities for the failure of the owner of the parcel,
 1394  or its occupant, licensee, or invitee, to comply with any
 1395  provision of the declaration, the association bylaws, or
 1396  reasonable rules of the association. The provisions regarding
 1397  the suspension-of-use rights do not apply to the portion of
 1398  common areas that must be used to provide access to the parcel
 1399  or utility services provided to the parcel.
 1400         (b)(a) A fine or suspension may not be imposed without at
 1401  least 14 days’ notice to the person sought to be fined or
 1402  suspended and an opportunity for a hearing before a committee of
 1403  at least three members appointed by the board who are not
 1404  officers, directors, or employees of the association, or the
 1405  spouse, parent, child, brother, or sister of an officer,
 1406  director, or employee. If the committee, by majority vote, does
 1407  not approve a proposed fine or suspension, it may not be
 1408  imposed. If the association imposes a fine or suspension, the
 1409  association must provide written notice of such fine or
 1410  suspension by mail or hand delivery to the parcel owner and, if
 1411  applicable, to any tenant, licensee, or invitee of the parcel
 1412  owner.
 1413         (3) If a member is more than 90 days delinquent in paying a
 1414  monetary obligation due the association, the association may
 1415  suspend the rights of a member, or a member’s tenant, guest, or
 1416  invitee, to use common areas and facilities until the monetary
 1417  obligation is paid. The subsection does not apply to that
 1418  portion of common areas used to provide access to the parcel or
 1419  to utility services provided to the parcel.
 1420         (b) Suspension does of common-area-use rights do not impair
 1421  the right of an owner or tenant of a parcel to have vehicular
 1422  and pedestrian ingress to and egress from the parcel, including,
 1423  but not limited to, the right to park. The notice and hearing
 1424  requirements under subsection (2) do not apply to a suspension
 1425  imposed under this subsection.
 1426         (4)(3)If the governing documents so provide, An
 1427  association may suspend the voting rights of a member for the
 1428  nonpayment of any monetary obligation that is more than regular
 1429  annual assessments that are delinquent in excess of 90 days
 1430  delinquent. The notice and hearing requirements under subsection
 1431  (2) do not apply to a suspension imposed under this subsection.
 1432  The suspension ends upon full payment of all obligations
 1433  currently due or overdue the association.
 1434         (5) All suspensions imposed pursuant to subsection (3) or
 1435  subsection (4) must be approved at a properly noticed board
 1436  meeting. Upon approval, the association must notify the parcel
 1437  owner and, if applicable, the parcel’s occupant, licensee, or
 1438  invitee by mail or hand delivery.
 1439         Section 16. Paragraph (a) of subsection (1) and subsection
 1440  (8) of section 720.3085, Florida Statutes, are amended to read:
 1441         720.3085 Payment for assessments; lien claims.—
 1442         (1) When authorized by the governing documents, the
 1443  association has a lien on each parcel to secure the payment of
 1444  assessments and other amounts provided for by this section.
 1445  Except as otherwise set forth in this section, the lien is
 1446  effective from and shall relate back to the date on which the
 1447  original declaration of the community was recorded. However, as
 1448  to first mortgages of record, the lien is effective from and
 1449  after recording of a claim of lien in the public records of the
 1450  county in which the parcel is located. This subsection does not
 1451  bestow upon any lien, mortgage, or certified judgment of record
 1452  on July 1, 2008, including the lien for unpaid assessments
 1453  created in this section, a priority that, by law, the lien,
 1454  mortgage, or judgment did not have before July 1, 2008.
 1455         (a) To be valid, a claim of lien must state the description
 1456  of the parcel, the name of the record owner, the name and
 1457  address of the association, the assessment amount due, and the
 1458  due date. The claim of lien secures shall secure all unpaid
 1459  assessments that are due and that may accrue subsequent to the
 1460  recording of the claim of lien and before entry of a certificate
 1461  of title, as well as interest, late charges, and reasonable
 1462  costs and attorney’s fees incurred by the association incident
 1463  to the collection process. The claim of lien also secures any
 1464  reasonable expenses for collection services relating to the
 1465  delinquent account which the association incurred before filing
 1466  a claim. The person making the payment is entitled to a
 1467  satisfaction of the lien upon payment in full.
 1468         (8) If the parcel is occupied by a tenant and the parcel
 1469  owner is delinquent in paying any monetary obligation due to the
 1470  association, the association may demand that the tenant pay all
 1471  unpaid rent due to the association the future monetary
 1472  obligations related to the parcel until all the monetary
 1473  obligations of the parcel owner related to the parcel have been
 1474  paid. The demand is continuing in nature, and upon demand, the
 1475  tenant must continue to pay the rent to the association the
 1476  monetary obligations until the association releases the tenant
 1477  or the tenant discontinues tenancy in the parcel. A tenant who
 1478  acts in good faith in response to a written demand from an
 1479  association is immune from any claim by from the parcel owner.
 1480  Any payment received from a tenant by the association must be
 1481  applied to the parcel owner’s most delinquent monetary
 1482  obligation.
 1483         (a) If the tenant prepaid rent to the parcel owner before
 1484  receiving the demand from the association and provides written
 1485  evidence of prepaying paying the rent to the association within
 1486  14 days after receiving the demand, the tenant shall receive
 1487  credit for the prepaid rent for the applicable period but and
 1488  must make any subsequent rental payments to the association to
 1489  be credited against the monetary obligations of the parcel owner
 1490  to the association. The association shall, upon request, provide
 1491  the tenant with written receipts for payments made. The
 1492  association shall mail written notice to the parcel owner of the
 1493  association’s demand that the tenant pay monetary obligations to
 1494  the association.
 1495         (b) The tenant is not liable for increases in the amount of
 1496  the monetary obligations due unless the tenant was notified in
 1497  writing of the increase at least 10 days before the date on
 1498  which the rent is due. The tenant shall be given a credit
 1499  against rents due to the parcel owner in the amount of
 1500  assessments paid to the association.
 1501         (c) The association may issue notices under s. 83.56 and
 1502  may sue for eviction under ss. 83.59-83.625 as if the
 1503  association were a landlord under part II of chapter 83 if the
 1504  tenant fails to pay a monetary obligation. However, the
 1505  association is not otherwise considered a landlord under chapter
 1506  83 and specifically has no obligations duties under s. 83.51.
 1507         (d) The tenant does not, by virtue of payment of monetary
 1508  obligations, have any of the rights of a parcel owner to vote in
 1509  any election or to examine the books and records of the
 1510  association.
 1511         (e) A court may supersede the effect of this subsection by
 1512  appointing a receiver.
 1513         Section 17. Section 720.309, Florida Statutes, is amended
 1514  to read:
 1515         720.309 Agreements entered into by the association.—
 1516         (1) Any grant or reservation made by any document, and any
 1517  contract that has with a term greater than in excess of 10
 1518  years, that is made by an association before control of the
 1519  association is turned over to the members other than the
 1520  developer, and that provides which provide for the operation,
 1521  maintenance, or management of the association or common areas,
 1522  must be fair and reasonable.
 1523         (2) If the governing documents provide for the cost of
 1524  communication services as defined in s. 202.11, information
 1525  services, or Internet services obtained pursuant to a bulk
 1526  contract shall be deemed an operating expense of the
 1527  association. If the governing documents do not provide for such
 1528  services, the board may contract for the services and the cost
 1529  shall be deemed an operating expense of the association but must
 1530  be allocated on a per-parcel basis rather than a percentage
 1531  basis notwithstanding that the governing documents provide for
 1532  other than an equal sharing of operating expenses. Any contract
 1533  entered into before July 1, 2011, in which the cost of the
 1534  service is not equally divided among all parcel owners may be
 1535  changed by a majority of the voting interests present at a
 1536  regular or special meeting of the association in order to
 1537  allocate the cost equally among all parcels.
 1538         (a) Any contract entered into may be canceled by a majority
 1539  of the voting interests present at the next regular or special
 1540  meeting of the association, whichever occurs first. Any member
 1541  may make a motion to cancel such contract, but if no motion is
 1542  made or if such motion fails to obtain the required vote, the
 1543  contract shall be deemed ratified for the term expressed
 1544  therein.
 1545         (b) Any contract entered into must provide, and shall be
 1546  deemed to provide if not expressly set forth therein, that a
 1547  hearing-impaired or legally blind parcel owner who does not
 1548  occupy the parcel with a non-hearing-impaired or sighted person,
 1549  or any parcel owner receiving supplemental security income under
 1550  Title XVI of the Social Security Act or food stamps as
 1551  administered by the Department of Children and Family Services
 1552  pursuant to s. 414.31, may discontinue the service without
 1553  incurring disconnect fees, penalties, or subsequent service
 1554  charges, and may not be required to pay any operating expenses
 1555  charge related to such service for those parcels. If fewer than
 1556  all parcel owners share the expenses of the communication
 1557  services, information services, or Internet services, the
 1558  expense must be shared by all participating parcel owners. The
 1559  association may use the provisions of s. 720.3085 to enforce
 1560  payment by the parcel owners receiving such services.
 1561         (c) A resident of any parcel, whether a tenant or parcel
 1562  owner, may not be denied access to available franchised,
 1563  licensed, or certificated cable or video service providers if
 1564  the resident pays the provider directly for services. A resident
 1565  or cable or video service provider may not be required to pay
 1566  anything of value in order to obtain or provide such service
 1567  except for the charges normally paid for like services by
 1568  residents of single-family homes located outside the community
 1569  but within the same franchised, licensed, or certificated area,
 1570  and except for installation charges agreed to between the
 1571  resident and the service provider.
 1572         Section 18. This act shall take effect July 1, 2011.