Florida Senate - 2011                CS for CS for CS for SB 530
       
       
       
       By the Committees on Budget; Community Affairs; and Regulated
       Industries; and Senators Fasano and Sachs
       
       
       
       576-05099-11                                           2011530c3
    1                        A bill to be entitled                      
    2         An act relating to condominium, cooperative, and
    3         homeowners’ associations; creating s. 468.439, F.S.;
    4         authorizing a claim of lien to secure reasonable
    5         expenses for collection services rendered by a
    6         community association manager or community management
    7         firm on behalf of a community association for a
    8         delinquent account; amending s. 633.0215, F.S.;
    9         exempting certain residential buildings from a
   10         requirement to install a manual fire alarm system;
   11         amending s. 718.111, F.S.; revising provisions
   12         relating to the official records of condominium
   13         associations; providing for disclosure of employment
   14         agreements or compensation paid to association
   15         employees; amending s. 718.112, F.S.; revising
   16         provisions relating to bylaws; providing that board of
   17         administration meetings discussing personnel matters
   18         are not open to unit members; revising requirements
   19         for electing the board of directors; providing for
   20         continued office and for filling vacancies under
   21         certain circumstances; specifying unit owner
   22         eligibility for board membership; requiring that
   23         certain educational curriculum be completed within a
   24         specified time before the election or appointment of a
   25         board director; amending s. 718.113, F.S.; authorizing
   26         the board of a condominium association to install
   27         impact glass or other code-compliant windows under
   28         certain circumstances; amending s. 718.114, F.S.;
   29         requiring the vote or written consent of a majority of
   30         the voting interests before a condominium association
   31         may enter into certain agreements to acquire
   32         leaseholds, memberships, or other possessory or use
   33         interests; amending s. 718.116, F.S.; revising
   34         provisions relating to condominium assessments;
   35         providing that an association that acquires title to a
   36         unit through the foreclosure of its lien for
   37         assessments is not liable for unpaid assessments, late
   38         fees, interest, or attorney’s fees and costs under
   39         specified circumstances; conforming a cross-reference;
   40         revising provisions authorizing an association to
   41         collect rent from the tenant of a unit owner that owes
   42         money to the association; amending s. 718.117, F.S.;
   43         providing a procedure for the termination of ownership
   44         of a condominium if the units have been totally
   45         destroyed or demolished; providing procedures and
   46         requirements for partial termination of a condominium
   47         property; requiring that a lien against a condominium
   48         unit being terminated be transferred to the proceeds
   49         of sale for that property; amending s. 718.303, F.S.;
   50         revising provisions relating to imposing remedies
   51         against a delinquent unit owner or occupant; providing
   52         for the suspension of certain rights of use or voting
   53         rights; forbidding a voting interest or consent right
   54         allocated to a unit or member which has been suspended
   55         from being counted toward the total number of voting
   56         interests; requiring that the suspension of certain
   57         rights of use or voting rights be approved at a
   58         noticed board meeting; amending s. 718.703. F.S.;
   59         redefining the term “bulk assignee” for purposes of
   60         the Distressed Condominium Relief Act; amending s.
   61         718.704, F.S.; revising provisions relating to the
   62         assignment of developer rights by a bulk assignee;
   63         amending s. 718.705, F.S.; revising provisions
   64         relating to the transfer of control of a condominium
   65         board of administration to unit owners; amending s.
   66         718.706, F.S.; revising provisions relating to the
   67         offering of units by a bulk assignee or bulk buyer;
   68         amending s. 718.707, F.S.; revising the time
   69         limitation for classification as a bulk assignee or
   70         bulk buyer; amending s. 719.108, F.S.; deleting a
   71         provision authorizing an association to add
   72         administrative late fees and costs for collection
   73         services to a lien against a cooperative parcel for
   74         unpaid rents and assessments; amending s. 719.303,
   75         F.S.; revising provisions relating to imposing
   76         remedies against a delinquent unit owner or occupant;
   77         providing for the suspension of certain rights of use
   78         or voting rights; forbidding a voting interest or
   79         consent right allocated to a unit or member which has
   80         been suspended from being counted toward the total
   81         number of voting interests; requiring that the
   82         suspension of certain rights of use or voting rights
   83         be approved at a noticed board meeting; amending s.
   84         720.301, F.S.; revising the definition of the term
   85         “declaration of covenants”; amending s. 720.303, F.S.;
   86         revising provisions relating to records that are not
   87         accessible to members of a homeowners’ association;
   88         providing for disclosure of employment agreements and
   89         compensation paid to association employees; amending
   90         s. 720.305, F.S.; revising provisions relating to
   91         imposing remedies against a delinquent member of a
   92         homeowners’ association; forbidding a voting interest
   93         or consent right allocated to a parcel or member which
   94         has been suspended from being counted toward the total
   95         number of voting interests; requiring that the
   96         suspension of certain rights of use or voting rights
   97         be approved at a noticed board meeting; amending s.
   98         720.306, F.S.; providing limitations on who may serve
   99         on the board of directors of a homeowners’
  100         association; amending s. 720.3085, F.S.; revising
  101         provisions relating to the payment of assessments;
  102         providing that an association that acquires title to a
  103         unit through the foreclosure of its lien for
  104         assessments is not liable for unpaid assessments, late
  105         fees, interest, or attorney’s fees and costs under
  106         specified circumstances; amending s. 720.309, F.S.;
  107         providing for the allocation of communication services
  108         by a homeowners’ association; providing for the
  109         cancellation of communication contracts; providing
  110         that hearing-impaired or legally blind owners and
  111         owners receiving certain supplemental security income
  112         or food stamps may discontinue the service without
  113         incurring costs; providing that residents may not be
  114         denied access to available franchised, licensed, or
  115         certificated cable or video service providers;
  116         providing an effective date.
  117  
  118  Be It Enacted by the Legislature of the State of Florida:
  119  
  120         Section 1. Section 468.439, Florida Statutes, is created to
  121  read:
  122         468.439 Collection services.—Collection services expenses
  123  that are reasonably related to the collection of a delinquent
  124  account rendered by a community association manager or
  125  management firm on behalf of a community association governed by
  126  chapter 617, 718, 719, 720, 721, or 723 may be secured by the
  127  filing of a claim of lien on behalf of the community association
  128  if the collection services expense is specified by amount in a
  129  written agreement with that community association manager or
  130  management firm and payable to the community association manager
  131  or management firm as a liquidated sum.
  132         Section 2. Subsection (14) of section 633.0215, Florida
  133  Statutes, is amended to read:
  134         633.0215 Florida Fire Prevention Code.—
  135         (14) A condominium, cooperative, or multifamily residential
  136  building that is less than four one or two stories in height and
  137  has an exterior corridor providing a means of egress is exempt
  138  from installing a manual fire alarm system as required in s. 9.6
  139  of the most recent edition of the Life Safety Code adopted in
  140  the Florida Fire Prevention Code. This is intended to clarify
  141  existing law.
  142         Section 3. Paragraphs (a) and (c) of subsection (12) of
  143  section 718.111, Florida Statutes, are amended to read:
  144         718.111 The association.—
  145         (12) OFFICIAL RECORDS.—
  146         (a) From the inception of the association, the association
  147  shall maintain each of the following items, if applicable, which
  148  constitute shall constitute the official records of the
  149  association:
  150         1. A copy of the plans, permits, warranties, and other
  151  items provided by the developer pursuant to s. 718.301(4).
  152         2. A photocopy of the recorded declaration of condominium
  153  of each condominium operated by the association and of each
  154  amendment to each declaration.
  155         3. A photocopy of the recorded bylaws of the association
  156  and of each amendment to the bylaws.
  157         4. A certified copy of the articles of incorporation of the
  158  association, or other documents creating the association, and of
  159  each amendment thereto.
  160         5. A copy of the current rules of the association.
  161         6. A book or books that which contain the minutes of all
  162  meetings of the association, of the board of administration, and
  163  the of unit owners, which minutes must be retained for at least
  164  7 years.
  165         7. A current roster of all unit owners and their mailing
  166  addresses, unit identifications, voting certifications, and, if
  167  known, telephone numbers. The association shall also maintain
  168  the electronic mailing addresses and facsimile the numbers
  169  designated by unit owners for receiving notice sent by
  170  electronic transmission of those unit owners consenting to
  171  receive notice by electronic transmission. The electronic
  172  mailing addresses and facsimile telephone numbers may not be
  173  accessible to unit owners must be removed from association
  174  records if consent to receive notice by electronic transmission
  175  is not provided in accordance with subparagraph (c)5 revoked.
  176  However, the association is not liable for an erroneous
  177  disclosure of the electronic mail address or facsimile the
  178  number for receiving electronic transmission of notices.
  179         8. All current insurance policies of the association and
  180  condominiums operated by the association.
  181         9. A current copy of any management agreement, lease, or
  182  other contract to which the association is a party or under
  183  which the association or the unit owners have an obligation or
  184  responsibility.
  185         10. Bills of sale or transfer for all property owned by the
  186  association.
  187         11. Accounting records for the association and separate
  188  accounting records for each condominium that which the
  189  association operates. All accounting records must shall be
  190  maintained for at least 7 years. Any person who knowingly or
  191  intentionally defaces or destroys such accounting records
  192  required to be created and maintained by this chapter during the
  193  period for which such records are required to be maintained, or
  194  who knowingly or intentionally fails to create or maintain such
  195  records, with the intent of causing harm to the association or
  196  one or more of its members, is personally subject to a civil
  197  penalty pursuant to s. 718.501(1)(d). The accounting records
  198  must include, but are not limited to:
  199         a. Accurate, itemized, and detailed records of all receipts
  200  and expenditures.
  201         b. A current account and a monthly, bimonthly, or quarterly
  202  statement of the account for each unit designating the name of
  203  the unit owner, the due date and amount of each assessment, the
  204  amount paid on upon the account, and the balance due.
  205         c. All audits, reviews, accounting statements, and
  206  financial reports of the association or condominium.
  207         d. All contracts for work to be performed. Bids for work to
  208  be performed are also considered official records and must be
  209  maintained by the association.
  210         12. Ballots, sign-in sheets, voting proxies, and all other
  211  papers relating to voting by unit owners, which must be
  212  maintained for 1 year from the date of the election, vote, or
  213  meeting to which the document relates, notwithstanding paragraph
  214  (b).
  215         13. All rental records if the association is acting as
  216  agent for the rental of condominium units.
  217         14. A copy of the current question and answer sheet as
  218  described in s. 718.504.
  219         15. All other records of the association not specifically
  220  included in the foregoing which are related to the operation of
  221  the association.
  222         16. A copy of the inspection report as described provided
  223  in s. 718.301(4)(p).
  224         (c) The official records of the association are open to
  225  inspection by any association member or the authorized
  226  representative of such member at all reasonable times. The right
  227  to inspect the records includes the right to make or obtain
  228  copies, at the reasonable expense, if any, of the member. The
  229  association may adopt reasonable rules regarding the frequency,
  230  time, location, notice, and manner of record inspections and
  231  copying. The failure of an association to provide the records
  232  within 10 working days after receipt of a written request
  233  creates a rebuttable presumption that the association willfully
  234  failed to comply with this paragraph. A unit owner who is denied
  235  access to official records is entitled to the actual damages or
  236  minimum damages for the association’s willful failure to comply.
  237  Minimum damages are shall be $50 per calendar day for up to 10
  238  days, beginning the calculation to begin on the 11th working day
  239  after receipt of the written request. The failure to permit
  240  inspection of the association records as provided herein
  241  entitles any person prevailing in an enforcement action to
  242  recover reasonable attorney’s fees from the person in control of
  243  the records who, directly or indirectly, knowingly denied access
  244  to the records. Any person who knowingly or intentionally
  245  defaces or destroys accounting records that are required by this
  246  chapter to be maintained under this chapter during the period
  247  for which such records are required to be maintained, or who
  248  knowingly or intentionally fails to create or maintain
  249  accounting records that are required to be created or
  250  maintained, with the intent of causing harm to the association
  251  or one or more of its members, is personally subject to a civil
  252  penalty pursuant to s. 718.501(1)(d). The association shall
  253  maintain an adequate number of copies of the declaration,
  254  articles of incorporation, bylaws, and rules, and all amendments
  255  to each of the foregoing, as well as the question and answer
  256  sheet as described provided for in s. 718.504 and year-end
  257  financial information required under in this section, on the
  258  condominium property to ensure their availability to unit owners
  259  and prospective purchasers, and may charge its actual costs for
  260  preparing and furnishing these documents to those requesting the
  261  documents. Notwithstanding the provisions of this paragraph, the
  262  following records are not accessible to unit owners:
  263         1. Any record protected by the lawyer-client privilege as
  264  described in s. 90.502; and any record protected by the work
  265  product privilege, including a any record prepared by an
  266  association attorney or prepared at the attorney’s express
  267  direction,; which reflects a mental impression, conclusion,
  268  litigation strategy, or legal theory of the attorney or the
  269  association, and which was prepared exclusively for civil or
  270  criminal litigation or for adversarial administrative
  271  proceedings, or which was prepared in anticipation of such
  272  imminent civil or criminal litigation or imminent adversarial
  273  administrative proceedings until the conclusion of the
  274  litigation or adversarial administrative proceedings.
  275         2. Information obtained by an association in connection
  276  with the approval of the lease, sale, or other transfer of a
  277  unit.
  278         3. Personnel records of association or management company
  279  employees, including, but not limited to, disciplinary, payroll,
  280  health, and insurance records. For purposes of this
  281  subparagraph, the term “personnel records” does not include
  282  written employment agreements with an association employee or
  283  budgetary or financial records that indicate the compensation
  284  paid to an association employee.
  285         4. Medical records of unit owners.
  286         5. Social security numbers, driver’s license numbers,
  287  credit card numbers, e-mail addresses, telephone numbers,
  288  facsimile numbers, emergency contact information, any addresses
  289  of a unit owner other than as provided to fulfill the
  290  association’s notice requirements, and other personal
  291  identifying information of any person, excluding the person’s
  292  name, unit designation, mailing address, and property address,
  293  and any address, e-mail address, or facsimile number provided to
  294  the association to fulfill the association’s notice
  295  requirements. However, an owner may consent in writing to the
  296  disclosure of protected information described in this
  297  subparagraph. The association is not liable for the disclosure
  298  of information that is protected under this subparagraph if the
  299  information is included in an official record of the association
  300  and is voluntarily provided by an owner and not requested by the
  301  association.
  302         6. Any Electronic security measures measure that are is
  303  used by the association to safeguard data, including passwords.
  304         7. The software and operating system used by the
  305  association which allow the allows manipulation of data, even if
  306  the owner owns a copy of the same software used by the
  307  association. The data is part of the official records of the
  308  association.
  309         Section 4. Paragraphs (b), (c), and (d) of subsection (2)
  310  of section 718.112, Florida Statutes, are amended to read:
  311         718.112 Bylaws.—
  312         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  313  following and, if they do not do so, shall be deemed to include
  314  the following:
  315         (b) Quorum; voting requirements; proxies.—
  316         1. Unless a lower number is provided in the bylaws, the
  317  percentage of voting interests required to constitute a quorum
  318  at a meeting of the members is shall be a majority of the voting
  319  interests. Unless otherwise provided in this chapter or in the
  320  declaration, articles of incorporation, or bylaws, and except as
  321  provided in subparagraph (d)4. (d)3., decisions shall be made by
  322  owners of a majority of the voting interests represented at a
  323  meeting at which a quorum is present.
  324         2. Except as specifically otherwise provided herein, after
  325  January 1, 1992, unit owners may not vote by general proxy, but
  326  may vote by limited proxies substantially conforming to a
  327  limited proxy form adopted by the division. A No voting interest
  328  or consent right allocated to a unit owned by the association
  329  may not shall be exercised or considered for any purpose,
  330  whether for a quorum, an election, or otherwise. Limited proxies
  331  and general proxies may be used to establish a quorum. Limited
  332  proxies shall be used for votes taken to waive or reduce
  333  reserves in accordance with subparagraph (f)2.; for votes taken
  334  to waive the financial reporting requirements of s. 718.111(13);
  335  for votes taken to amend the declaration pursuant to s. 718.110;
  336  for votes taken to amend the articles of incorporation or bylaws
  337  pursuant to this section; and for any other matter for which
  338  this chapter requires or permits a vote of the unit owners.
  339  Except as provided in paragraph (d), a after January 1, 1992, no
  340  proxy, limited or general, may not shall be used in the election
  341  of board members. General proxies may be used for other matters
  342  for which limited proxies are not required, and may also be used
  343  in voting for nonsubstantive changes to items for which a
  344  limited proxy is required and given. Notwithstanding the
  345  provisions of this subparagraph, unit owners may vote in person
  346  at unit owner meetings. This subparagraph does not Nothing
  347  contained herein shall limit the use of general proxies or
  348  require the use of limited proxies for any agenda item or
  349  election at any meeting of a timeshare condominium association.
  350         3. Any proxy given is shall be effective only for the
  351  specific meeting for which originally given and any lawfully
  352  adjourned meetings thereof. A In no event shall any proxy is not
  353  be valid for a period longer than 90 days after the date of the
  354  first meeting for which it was given. Every proxy is revocable
  355  at any time at the pleasure of the unit owner executing it.
  356         4. A member of the board of administration or a committee
  357  may submit in writing his or her agreement or disagreement with
  358  any action taken at a meeting that the member did not attend.
  359  This agreement or disagreement may not be used as a vote for or
  360  against the action taken or to create and may not be used for
  361  the purposes of creating a quorum.
  362         5. If When any of the board or committee members meet by
  363  telephone conference, those board or committee members attending
  364  by telephone conference may be counted toward obtaining a quorum
  365  and may vote by telephone. A telephone speaker must be used so
  366  that the conversation of those board or committee members
  367  attending by telephone may be heard by the board or committee
  368  members attending in person as well as by any unit owners
  369  present at a meeting.
  370         (c) Board of administration meetings.—Meetings of the board
  371  of administration at which a quorum of the members is present
  372  are shall be open to all unit owners. A Any unit owner may tape
  373  record or videotape the meetings of the board of administration.
  374  The right to attend such meetings includes the right to speak at
  375  such meetings with reference to all designated agenda items. The
  376  division shall adopt reasonable rules governing the tape
  377  recording and videotaping of the meeting. The association may
  378  adopt written reasonable rules governing the frequency,
  379  duration, and manner of unit owner statements.
  380         1. Adequate notice of all board meetings, which must notice
  381  shall specifically identify all incorporate an identification of
  382  agenda items, must shall be posted conspicuously on the
  383  condominium property at least 48 continuous hours before
  384  preceding the meeting except in an emergency. If 20 percent of
  385  the voting interests petition the board to address an item of
  386  business, the board shall at its next regular board meeting or
  387  at a special meeting of the board, but not later than 60 days
  388  after the receipt of the petition, shall place the item on the
  389  agenda. Any item not included on the notice may be taken up on
  390  an emergency basis by at least a majority plus one of the board
  391  members of the board. Such emergency action must shall be
  392  noticed and ratified at the next regular board meeting of the
  393  board. However, written notice of any meeting at which
  394  nonemergency special assessments, or at which amendment to rules
  395  regarding unit use, will be considered must shall be mailed,
  396  delivered, or electronically transmitted to the unit owners and
  397  posted conspicuously on the condominium property at least not
  398  less than 14 days before prior to the meeting. Evidence of
  399  compliance with this 14-day notice requirement must shall be
  400  made by an affidavit executed by the person providing the notice
  401  and filed with among the official records of the association.
  402  Upon notice to the unit owners, the board shall, by duly adopted
  403  rule, designate a specific location on the condominium property
  404  or association property where upon which all notices of board
  405  meetings are to shall be posted. If there is no condominium
  406  property or association property where upon which notices can be
  407  posted, notices of board meetings shall be mailed, delivered, or
  408  electronically transmitted at least 14 days before the meeting
  409  to the owner of each unit. In lieu of or in addition to the
  410  physical posting of the notice of any meeting of the board of
  411  administration on the condominium property, the association may,
  412  by reasonable rule, adopt a procedure for conspicuously posting
  413  and repeatedly broadcasting the notice and the agenda on a
  414  closed-circuit cable television system serving the condominium
  415  association. However, if broadcast notice is used in lieu of a
  416  notice posted physically posted on the condominium property, the
  417  notice and agenda must be broadcast at least four times every
  418  broadcast hour of each day that a posted notice is otherwise
  419  required under this section. If When broadcast notice is
  420  provided, the notice and agenda must be broadcast in a manner
  421  and for a sufficient continuous length of time so as to allow an
  422  average reader to observe the notice and read and comprehend the
  423  entire content of the notice and the agenda. Notice of any
  424  meeting in which regular or special assessments against unit
  425  owners are to be considered for any reason must shall
  426  specifically state that assessments will be considered and
  427  provide the nature, estimated cost, and description of the
  428  purposes for such assessments.
  429         2. Meetings of a committee to take final action on behalf
  430  of the board or make recommendations to the board regarding the
  431  association budget are subject to the provisions of this
  432  paragraph. Meetings of a committee that does not take final
  433  action on behalf of the board or make recommendations to the
  434  board regarding the association budget are subject to the
  435  provisions of this section, unless those meetings are exempted
  436  from this section by the bylaws of the association.
  437         3. Notwithstanding any other law, the requirement that
  438  board meetings and committee meetings be open to the unit owners
  439  does not apply is inapplicable to:
  440         a. Meetings between the board or a committee and the
  441  association’s attorney, with respect to proposed or pending
  442  litigation, if when the meeting is held for the purpose of
  443  seeking or rendering legal advice; or
  444         b. Board meetings held for the purpose of discussing
  445  personnel matters.
  446         (d) Unit owner meetings.—
  447         1. An annual meeting of the unit owners shall be held at
  448  the location provided in the association bylaws and, if the
  449  bylaws are silent as to the location, the meeting shall be held
  450  within 45 miles of the condominium property. However, such
  451  distance requirement does not apply to an association governing
  452  a timeshare condominium.
  453         2. Unless the bylaws provide otherwise, a vacancy on the
  454  board caused by the expiration of a director’s term shall be
  455  filled by electing a new board member, and the election must be
  456  by secret ballot. An election is not required However, if the
  457  number of vacancies equals or exceeds the number of candidates,
  458  an election is not required. For purposes of this paragraph, the
  459  term “candidate” means an eligible person who has timely
  460  submitted the written notice, as described in sub-subparagraph
  461  4.a., of his or her intention to become a candidate. Except in a
  462  timeshare condominium, or if the staggered term of a board
  463  member does not expire until a later annual meeting, or if all
  464  members terms would otherwise expire but there are no
  465  candidates, the terms of all board members of the board expire
  466  at the annual meeting, and such board members may stand for
  467  reelection unless prohibited otherwise permitted by the bylaws.
  468  If the bylaws permit staggered terms of no more than 2 years and
  469  upon approval of a majority of the total voting interests, the
  470  association board members may serve 2-year staggered terms. If
  471  the number of board members whose terms expire at the annual
  472  meeting equals or have expired exceeds the number of candidates,
  473  the candidates become members of the board effective upon the
  474  adjournment of the annual meeting. Unless the bylaws provide
  475  otherwise, any remaining vacancies shall be filled by the
  476  affirmative vote of the majority of the directors making up the
  477  newly constituted board even if the directors constitute less
  478  than a quorum or there is only one director eligible members
  479  showing interest in or demonstrating an intention to run for the
  480  vacant positions, each board member whose term has expired is
  481  eligible for reappointment to the board of administration and
  482  need not stand for reelection. In a condominium association of
  483  more than 10 units or in a condominium association that does not
  484  include timeshare units or timeshare interests, coowners of a
  485  unit may not serve as members of the board of directors at the
  486  same time unless they own more than one unit or unless there are
  487  not enough eligible candidates to fill the vacancies on the
  488  board at the time of the vacancy. Any unit owner desiring to be
  489  a candidate for board membership must comply with sub
  490  subparagraph 4.a. and must be eligible to serve on the board of
  491  directors at the time of the deadline for submitting a notice of
  492  intent to run, and continuously thereafter, in order to have his
  493  or her name listed as a proper candidate on the ballot or to
  494  serve on the board 3.a. A person who has been suspended or
  495  removed by the division under this chapter, or who is delinquent
  496  in the payment of any fee, fine, or special or regular
  497  assessment as provided in paragraph (n), is not eligible for
  498  board membership. A person who has been convicted of any felony
  499  in this state or in a United States District or Territorial
  500  Court, or who has been convicted of any offense in another
  501  jurisdiction which that would be considered a felony if
  502  committed in this state, is not eligible for board membership
  503  unless such felon’s civil rights have been restored for at least
  504  5 years as of the date on which such person seeks election to
  505  the board. The validity of an action by the board is not
  506  affected if it is later determined that a board member of the
  507  board is ineligible for board membership due to having been
  508  convicted of a felony.
  509         3.2. The bylaws must provide the method of calling meetings
  510  of unit owners, including annual meetings. Written notice, which
  511  must include an agenda, must shall be mailed, hand delivered, or
  512  electronically transmitted to each unit owner at least 14 days
  513  before the annual meeting, and must be posted in a conspicuous
  514  place on the condominium property at least 14 continuous days
  515  before preceding the annual meeting. Upon notice to the unit
  516  owners, the board shall, by duly adopted rule, designate a
  517  specific location on the condominium property or association
  518  property where upon which all notices of unit owner meetings
  519  shall be posted. This requirement does not apply However, if
  520  there is no condominium property or association property for
  521  posting upon which notices can be posted, this requirement does
  522  not apply. In lieu of, or in addition to, the physical posting
  523  of meeting notices, the association may, by reasonable rule,
  524  adopt a procedure for conspicuously posting and repeatedly
  525  broadcasting the notice and the agenda on a closed-circuit cable
  526  television system serving the condominium association. However,
  527  if broadcast notice is used in lieu of a notice posted
  528  physically on the condominium property, the notice and agenda
  529  must be broadcast at least four times every broadcast hour of
  530  each day that a posted notice is otherwise required under this
  531  section. If broadcast notice is provided, the notice and agenda
  532  must be broadcast in a manner and for a sufficient continuous
  533  length of time so as to allow an average reader to observe the
  534  notice and read and comprehend the entire content of the notice
  535  and the agenda. Unless a unit owner waives in writing the right
  536  to receive notice of the annual meeting, such notice must be
  537  hand delivered, mailed, or electronically transmitted to each
  538  unit owner. Notice for meetings and notice for all other
  539  purposes must be mailed to each unit owner at the address last
  540  furnished to the association by the unit owner, or hand
  541  delivered to each unit owner. However, if a unit is owned by
  542  more than one person, the association must shall provide notice,
  543  for meetings and all other purposes, to the that one address
  544  that which the developer initially identifies for that purpose
  545  and thereafter as one or more of the owners of the unit shall
  546  advise the association in writing, or if no address is given or
  547  the owners of the unit do not agree, to the address provided on
  548  the deed of record. An officer of the association, or the
  549  manager or other person providing notice of the association
  550  meeting, must shall provide an affidavit or United States Postal
  551  Service certificate of mailing, to be included in the official
  552  records of the association affirming that the notice was mailed
  553  or hand delivered, in accordance with this provision.
  554         4.3. The members of the board shall be elected by written
  555  ballot or voting machine. Proxies may not be used in electing
  556  the board in general elections or elections to fill vacancies
  557  caused by recall, resignation, or otherwise, unless otherwise
  558  provided in this chapter.
  559         a. At least 60 days before a scheduled election, the
  560  association shall mail, deliver, or electronically transmit,
  561  whether by separate association mailing or included in another
  562  association mailing, delivery, or transmission, including
  563  regularly published newsletters, to each unit owner entitled to
  564  a vote, a first notice of the date of the election. Any unit
  565  owner or other eligible person desiring to be a candidate for
  566  the board must give written notice of his or her intent to be a
  567  candidate to the association at least 40 days before a scheduled
  568  election. Together with the written notice and agenda as set
  569  forth in subparagraph 3. 2., the association shall mail,
  570  deliver, or electronically transmit a second notice of the
  571  election to all unit owners entitled to vote, together with a
  572  ballot that lists all candidates. Upon request of a candidate,
  573  an information sheet, no larger than 8 1/2 inches by 11 inches,
  574  which must be furnished by the candidate at least 35 days before
  575  the election, must be included with the mailing, delivery, or
  576  transmission of the ballot, with the costs of mailing, delivery,
  577  or electronic transmission and copying to be borne by the
  578  association. The association is not liable for the contents of
  579  the information sheets prepared by the candidates. In order to
  580  reduce costs, the association may print or duplicate the
  581  information sheets on both sides of the paper. The division
  582  shall by rule establish voting procedures consistent with this
  583  sub-subparagraph, including rules establishing procedures for
  584  giving notice by electronic transmission and rules providing for
  585  the secrecy of ballots. Elections shall be decided by a
  586  plurality of those ballots cast. There is no quorum requirement;
  587  however, at least 20 percent of the eligible voters must cast a
  588  ballot in order to have a valid election of members of the
  589  board. A unit owner may not permit any other person to vote his
  590  or her ballot, and any ballots improperly cast are invalid. A,
  591  provided any unit owner who violates this provision may be fined
  592  by the association in accordance with s. 718.303. A unit owner
  593  who needs assistance in casting the ballot for the reasons
  594  stated in s. 101.051 may obtain such assistance. The regular
  595  election must occur on the date of the annual meeting. This sub
  596  subparagraph does not apply to timeshare condominium
  597  associations. Notwithstanding this sub-subparagraph, an election
  598  is not required unless more candidates file notices of intent to
  599  run or are nominated than board vacancies exist.
  600         b. Within 90 days after being elected or appointed to the
  601  board, each newly elected or appointed director shall certify in
  602  writing to the secretary of the association that he or she has
  603  read the association’s declaration of condominium, articles of
  604  incorporation, bylaws, and current written policies; that he or
  605  she will work to uphold such documents and policies to the best
  606  of his or her ability; and that he or she will faithfully
  607  discharge his or her fiduciary responsibility to the
  608  association’s members. In lieu of this written certification,
  609  within 90 days after being elected or appointed to the board,
  610  the newly elected or appointed director may submit a certificate
  611  of having satisfactorily completed satisfactory completion of
  612  the educational curriculum administered by a division-approved
  613  condominium education provider within 1 year before or 90 days
  614  after the date of election or appointment. The written
  615  certification or educational certificate is valid and does not
  616  have to be resubmitted as long as the director serves on the
  617  board without interruption. A director who fails to timely file
  618  the written certification or educational certificate is
  619  suspended from service on the board until he or she complies
  620  with this sub-subparagraph. The board may temporarily fill the
  621  vacancy during the period of suspension. The secretary shall
  622  cause the association to retain a director’s written
  623  certification or educational certificate for inspection by the
  624  members for 5 years after a director’s election. Failure to have
  625  such written certification or educational certificate on file
  626  does not affect the validity of any board action.
  627         5.4. Any approval by unit owners called for by this chapter
  628  or the applicable declaration or bylaws, including, but not
  629  limited to, the approval requirement in s. 718.111(8), must
  630  shall be made at a duly noticed meeting of unit owners and is
  631  subject to all requirements of this chapter or the applicable
  632  condominium documents relating to unit owner decisionmaking,
  633  except that unit owners may take action by written agreement,
  634  without meetings, on matters for which action by written
  635  agreement without meetings is expressly allowed by the
  636  applicable bylaws or declaration or any law statute that
  637  provides for such action.
  638         6.5. Unit owners may waive notice of specific meetings if
  639  allowed by the applicable bylaws or declaration or any law
  640  statute. If authorized by the bylaws, notice of meetings of the
  641  board of administration, unit owner meetings, except unit owner
  642  meetings called to recall board members under paragraph (j), and
  643  committee meetings may be given by electronic transmission to
  644  unit owners who consent to receive notice by electronic
  645  transmission.
  646         7.6. Unit owners shall have the right to participate in
  647  meetings of unit owners with reference to all designated agenda
  648  items. However, the association may adopt reasonable rules
  649  governing the frequency, duration, and manner of unit owner
  650  participation.
  651         8.7.A Any unit owner may tape record or videotape a
  652  meeting of the unit owners subject to reasonable rules adopted
  653  by the division.
  654         9.8. Unless otherwise provided in the bylaws, any vacancy
  655  occurring on the board before the expiration of a term may be
  656  filled by the affirmative vote of the majority of the remaining
  657  directors, even if the remaining directors constitute less than
  658  a quorum, or by the sole remaining director. In the alternative,
  659  a board may hold an election to fill the vacancy, in which case
  660  the election procedures must conform to the requirements of sub
  661  subparagraph 4.a. 3.a. unless the association governs 10 units
  662  or fewer and has opted out of the statutory election process, in
  663  which case the bylaws of the association control. Unless
  664  otherwise provided in the bylaws, a board member appointed or
  665  elected under this section shall fill the vacancy for the
  666  unexpired term of the seat being filled. Filling vacancies
  667  created by recall is governed by paragraph (j) and rules adopted
  668  by the division.
  669         10. This chapter does not limit the use of general or
  670  limited proxies, require the use of general or limited proxies,
  671  or require the use of a written ballot or voting machine for any
  672  agenda item or election at any meeting of a timeshare
  673  condominium association.
  674  
  675  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
  676  (d)3.a., an association of 10 or fewer units may, by affirmative
  677  vote of a majority of the total voting interests, provide for
  678  different voting and election procedures in its bylaws, which
  679  vote may be by a proxy specifically delineating the different
  680  voting and election procedures. The different voting and
  681  election procedures may provide for elections to be conducted by
  682  limited or general proxy.
  683         Section 5. Subsection (5) of section 718.113, Florida
  684  Statutes, is amended to read:
  685         718.113 Maintenance; limitation upon improvement; display
  686  of flag; hurricane shutters; display of religious decorations.—
  687         (5) Each board of administration shall adopt hurricane
  688  shutter specifications for each building within each condominium
  689  operated by the association which shall include color, style,
  690  and other factors deemed relevant by the board. All
  691  specifications adopted by the board must shall comply with the
  692  applicable building code.
  693         (a) The board may, subject to the provisions of s.
  694  718.3026, and the approval of a majority of voting interests of
  695  the condominium, install hurricane shutters, impact glass or
  696  other code-compliant windows, or hurricane protection that
  697  complies with or exceeds the applicable building code. However,
  698  or both, except that a vote of the owners is not required if the
  699  maintenance, repair, and replacement of hurricane shutters,
  700  impact glass, or other code-compliant windows or other forms of
  701  hurricane protection are the responsibility of the association
  702  pursuant to the declaration of condominium. If However, where
  703  hurricane protection or laminated glass or window film
  704  architecturally designed to function as hurricane protection
  705  which complies with or exceeds the current applicable building
  706  code has been previously installed, the board may not install
  707  hurricane shutters, or other hurricane protection, or impact
  708  glass or other code-compliant windows except upon approval by a
  709  majority vote of the voting interests.
  710         (b) The association is shall be responsible for the
  711  maintenance, repair, and replacement of the hurricane shutters
  712  or other hurricane protection authorized by this subsection if
  713  such hurricane shutters or other hurricane protection is the
  714  responsibility of the association pursuant to the declaration of
  715  condominium. If the hurricane shutters or other hurricane
  716  protection is authorized by this subsection are the
  717  responsibility of the unit owners pursuant to the declaration of
  718  condominium, the responsibility for the maintenance, repair, and
  719  replacement of such items is shall be the responsibility of the
  720  unit owner.
  721         (c) The board may operate shutters installed pursuant to
  722  this subsection without permission of the unit owners only if
  723  where such operation is necessary to preserve and protect the
  724  condominium property and association property. The installation,
  725  replacement, operation, repair, and maintenance of such shutters
  726  in accordance with the procedures set forth in this paragraph
  727  are herein shall not be deemed a material alteration to the
  728  common elements or association property within the meaning of
  729  this section.
  730         (d) Notwithstanding any other provision to the contrary in
  731  the condominium documents, if approval is required by the
  732  documents, a board may shall not refuse to approve the
  733  installation or replacement of hurricane shutters by a unit
  734  owner conforming to the specifications adopted by the board.
  735         Section 6. Section 718.114, Florida Statutes, is amended to
  736  read:
  737         718.114 Association powers.—An association may has the
  738  power to enter into agreements, to acquire leaseholds,
  739  memberships, and other possessory or use interests in lands or
  740  facilities such as country clubs, golf courses, marinas, and
  741  other recreational facilities,. It has this power whether or not
  742  the lands or facilities are contiguous to the lands of the
  743  condominium, if such lands and facilities they are intended to
  744  provide enjoyment, recreation, or other use or benefit to the
  745  unit owners. All of these leaseholds, memberships, and other
  746  possessory or use interests existing or created at the time of
  747  recording the declaration must be stated and fully described in
  748  the declaration. Subsequent to the recording of the declaration,
  749  agreements acquiring these leaseholds, memberships, or other
  750  possessory or use interests which are not entered into within 12
  751  months following the recording of the declaration are shall be
  752  considered a material alteration or substantial addition to the
  753  real property that is association property, and the association
  754  may not acquire or enter into such agreements acquiring these
  755  leaseholds, memberships, or other possessory or use interests
  756  except upon a vote of, or written consent by, a majority of the
  757  total voting interests or as authorized by the declaration as
  758  provided in s. 718.113. The declaration may provide that the
  759  rental, membership fees, operations, replacements, and other
  760  expenses are common expenses and may impose covenants and
  761  restrictions concerning their use and may contain other
  762  provisions not inconsistent with this chapter. A condominium
  763  association may conduct bingo games as provided in s. 849.0931.
  764         Section 7. Subsections (1) and (3), paragraph (b) of
  765  subsection (5), and subsection (11) of section 718.116, Florida
  766  Statutes, are amended to read:
  767         718.116 Assessments; liability; lien and priority;
  768  interest; collection.—
  769         (1)(a) A unit owner, regardless of how his or her title has
  770  been acquired, including by purchase at a foreclosure sale or by
  771  deed in lieu of foreclosure, is liable for all assessments which
  772  come due while he or she is the unit owner. Additionally, A unit
  773  owner is also jointly and severally liable with the previous
  774  owner for all unpaid assessments that came due up to the time of
  775  transfer of title. This liability is without prejudice to any
  776  right the owner may have to recover from the previous owner the
  777  amounts paid by the owner.
  778         (a)(b) The liability of a first mortgagee or its successor
  779  or assignees who acquire title to a unit by foreclosure or by
  780  deed in lieu of foreclosure for the unpaid assessments that
  781  became due before the mortgagee’s acquisition of title is
  782  limited to the lesser of:
  783         1. The unit’s unpaid common expenses and regular periodic
  784  assessments that which accrued or came due during the 12 months
  785  immediately preceding the acquisition of title and for which
  786  payment in full has not been received by the association; or
  787         2. One percent of the original mortgage debt.
  788  
  789  The provisions of this paragraph apply only if the first
  790  mortgagee joined the association as a defendant in the
  791  foreclosure action. Joinder of the association is not required
  792  if, on the date the complaint is filed, the association was
  793  dissolved or did not maintain an office or agent for service of
  794  process at a location that which was known to or reasonably
  795  discoverable by the mortgagee.
  796         (b) An association, or its successor or assignee, which
  797  acquires title to a unit through the foreclosure of its lien for
  798  assessments is not liable for any unpaid assessments, late fees,
  799  interest, or reasonable attorney’s fees and costs that came due
  800  before the association’s acquisition of title in favor of any
  801  other association, as defined in s. 718.103(2) or s. 720.301(9),
  802  which holds a superior lien interest on the unit. This paragraph
  803  is intended to clarify existing law.
  804         (c) The person acquiring title shall pay the amount owed to
  805  the association within 30 days after transfer of title. Failure
  806  to pay the full amount when due entitles shall entitle the
  807  association to record a claim of lien against the parcel and
  808  proceed in the same manner as provided in this section for the
  809  collection of unpaid assessments.
  810         (d) With respect to each timeshare unit, each owner of a
  811  timeshare estate therein is jointly and severally liable for the
  812  payment of all assessments and other charges levied against or
  813  with respect to that unit pursuant to the declaration or bylaws,
  814  except to the extent that the declaration or bylaws may
  815  otherwise provide to the contrary.
  816         (e) Notwithstanding the provisions of paragraph (a) (b), a
  817  first mortgagee or its successor or assignees who acquire title
  818  to a condominium unit as a result of the foreclosure of the
  819  mortgage or by deed in lieu of foreclosure of the mortgage are
  820  shall be exempt from liability for all unpaid assessments
  821  attributable to the parcel or chargeable to the previous owner
  822  which came due before prior to acquisition of title if the first
  823  mortgage was recorded before prior to April 1, 1992. If,
  824  However, if the first mortgage was recorded on or after April 1,
  825  1992, or if on the date the mortgage was recorded, the
  826  declaration included language incorporating by reference future
  827  amendments to this chapter, the provisions of paragraph (a) does
  828  (b) shall apply.
  829         (f) The provisions of this subsection are intended to
  830  clarify existing law, and are shall not be available if in any
  831  case where the unpaid assessments sought to be recovered by the
  832  association are secured by a lien recorded before prior to the
  833  recording of the mortgage. Notwithstanding the provisions of
  834  chapter 48, the association is shall be a proper party to
  835  intervene in any foreclosure proceeding to seek equitable
  836  relief.
  837         (g) For purposes of this subsection, the term “successor or
  838  assignee” as used with respect to a first mortgagee includes
  839  only a subsequent holder of the first mortgage.
  840         (3) Assessments and installments on assessments which are
  841  not paid when due bear interest at the rate provided in the
  842  declaration, from the due date until paid. The This rate may not
  843  exceed the rate allowed by law, and, if no rate is provided in
  844  the declaration, interest accrues at the rate of 18 percent per
  845  year. Also, If provided by the declaration or bylaws, the
  846  association may, in addition to such interest, charge an
  847  administrative late fee of up to the greater of $25 or 5 percent
  848  of each installment of the assessment for each delinquent
  849  installment for which the payment is late. Any payment received
  850  by an association must be applied first to any interest accrued
  851  by the association, then to any administrative late fee, then to
  852  any costs and reasonable attorney’s fees incurred in collection,
  853  and then to the delinquent assessment. The foregoing applies is
  854  applicable notwithstanding any restrictive endorsement,
  855  designation, or instruction placed on or accompanying a payment.
  856  A late fee is not subject to chapter 687 or s. 718.303(4)
  857  718.303(3).
  858         (5)
  859         (b) To be valid, a claim of lien must state the description
  860  of the condominium parcel, the name of the record owner, the
  861  name and address of the association, the amount due, and the due
  862  dates. It must be executed and acknowledged by an officer or
  863  authorized agent of the association. The lien is not effective
  864  longer than 1 year after the claim of lien was recorded unless,
  865  within that time, an action to enforce the lien is commenced.
  866  The 1-year period is automatically extended for any length of
  867  time during which the association is prevented from filing a
  868  foreclosure action by an automatic stay resulting from a
  869  bankruptcy petition filed by the parcel owner or any other
  870  person claiming an interest in the parcel. The claim of lien
  871  secures all unpaid assessments that are due and that may accrue
  872  after the claim of lien is recorded and through the entry of a
  873  final judgment, as well as interest and all reasonable costs and
  874  attorney’s fees incurred by the association incident to the
  875  collection process. Upon payment in full, the person making the
  876  payment is entitled to a satisfaction of the lien.
  877  
  878  After notice of contest of lien has been recorded, the clerk of
  879  the circuit court shall mail a copy of the recorded notice to
  880  the association by certified mail, return receipt requested, at
  881  the address shown in the claim of lien or most recent amendment
  882  to it and shall certify to the service on the face of the
  883  notice. Service is complete upon mailing. After service, the
  884  association has 90 days in which to file an action to enforce
  885  the lien; and, if the action is not filed within the 90-day
  886  period, the lien is void. However, the 90-day period shall be
  887  extended for any length of time that the association is
  888  prevented from filing its action because of an automatic stay
  889  resulting from the filing of a bankruptcy petition by the unit
  890  owner or by any other person claiming an interest in the parcel.
  891         (11) If the unit is occupied by a tenant and the unit owner
  892  is delinquent in paying any monetary obligation due to the
  893  association, the association may make a written demand that the
  894  tenant pay subsequent rental payments to the association the
  895  future monetary obligations related to the condominium unit to
  896  the association, and continue to the tenant must make such
  897  payments until all monetary obligations of the unit owner
  898  related to the unit have been paid in full to the association
  899  payment. The demand is continuing in nature and, upon demand,
  900  The tenant must pay rent the monetary obligations to the
  901  association until the association releases the tenant or the
  902  tenant discontinues tenancy in the unit. The association must
  903  mail written notice to the unit owner of the association’s
  904  demand that the tenant make payments to the association. The
  905  association shall, upon request, provide the tenant with written
  906  receipts for payments made. A tenant who acts in good faith in
  907  response to a written demand from an association is immune from
  908  any claim by from the unit owner.
  909         (a) The association must provide written notice to the unit
  910  owner of the association’s demand that the tenant make payments
  911  to the association. Such notice must be made by hand delivery or
  912  United States mail and in substantially the following form:
  913  
  914         Pursuant to s. 718.116(11), Florida Statutes, the
  915         association hereby demands that you pay your rent
  916         directly to the condominium association and continue
  917         until the association notifies you otherwise.
  918         Payment due the association may be in the same
  919         form you paid your landlord and must be sent by U.S.
  920         Mail or hand delivered to (...full address...) and
  921         payable to (...name...).
  922         Your obligation to pay your rent to the
  923         association begins immediately, unless you have
  924         already paid rent to your landlord for the current
  925         period before receiving this notice. In such case, you
  926         must provide the association written proof of your
  927         payment within 14 days after receiving this notice,
  928         and your obligation to pay rent to the association
  929         begins with the next rental period.
  930         The provisions of s. 718.116(11), Florida
  931         Statutes, also provide that your payment of rent to
  932         the association gives you complete immunity from any
  933         claim for the rent by your landlord for all amounts
  934         timely paid to the association.
  935  
  936         (b)(a) If the tenant paid prepaid rent to the landlord or
  937  unit owner for a given rental period before receiving the demand
  938  from the association and provides written evidence to the
  939  association of having paid paying the rent to the association
  940  within 14 days after receiving the demand, the tenant shall
  941  begin making rental payments for the following rental period and
  942  continue making receive credit for the prepaid rent for the
  943  applicable period and must make any subsequent rental payments
  944  to the association to be credited against the monetary
  945  obligations of the unit owner until to the association releases
  946  the tenant or the tenant discontinues tenancy in the unit.
  947         (c)(b)The tenant is not liable for increases in the amount
  948  of the monetary obligations due unless the tenant was notified
  949  in writing of the increase at least 10 days before the date the
  950  rent is due. The liability of the tenant may not exceed the
  951  amount due from the tenant to the tenant’s landlord. The
  952  tenant’s landlord shall provide the tenant a credit against
  953  rents due to the landlord unit owner in the amount of moneys
  954  paid to the association under this section.
  955         (d)(c) The association may issue notices under s. 83.56 and
  956  may sue for eviction under ss. 83.59-83.625 as if the
  957  association were a landlord under part II of chapter 83 if the
  958  tenant fails to pay a required payment to the association.
  959  However, the association is not otherwise considered a landlord
  960  under chapter 83 and specifically has no obligations duties
  961  under s. 83.51.
  962         (e)(d) The tenant does not, by virtue of payment of
  963  monetary obligations to the association, have any of the rights
  964  of a unit owner to vote in any election or to examine the books
  965  and records of the association.
  966         (f)(e) A court may supersede the effect of this subsection
  967  by appointing a receiver.
  968         Section 8. Paragraph (c) is added to subsection (2) of
  969  section 718.117, Florida Statutes, and subsections (3), (4), and
  970  (11), paragraphs (a) and (d) of subsection (12), subsection
  971  (14), paragraph (a) of subsection (17), and subsections (18) and
  972  (19) of that section are amended, to read:
  973         718.117 Termination of condominium.—
  974         (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
  975  IMPOSSIBILITY.—
  976         (c) Notwithstanding paragraph (a), a condominium that
  977  includes units and timeshare estates where the improvements have
  978  been totally destroyed or demolished may be terminated pursuant
  979  to a plan of termination proposed by a unit owner upon filing a
  980  petition in court seeking equitable relief.
  981         1. Within 10 days after filing the petition, and in lieu of
  982  the requirements of paragraph (15)(a), the petitioner shall
  983  record the proposed plan of termination and mail copies of the
  984  plan and the petition to:
  985         a. Each member of the board of directors of the association
  986  identified in the most recent annual report filed with the
  987  department of state and the registered agent of the association
  988  if the association has not been dissolved as a matter of law;
  989         b. The managing entity as defined in s. 721.05;
  990         c. Each unit owner and each timeshare estate owner at the
  991  address reflected in the official records of the association, or
  992  if the association records cannot be obtained by the petitioner,
  993  each unit owner and each timeshare estate owner at the address
  994  listed in the office of the tax collector for tax notices; and
  995         d. Each holder of a recorded mortgage lien affecting a unit
  996  or timeshare estate at the address appearing on the recorded
  997  mortgage or any recorded assignment thereof.
  998         2. The association as class representative if it has not
  999  been dissolved as a matter of law, the managing entity as
 1000  defined in s. 721.05, any unit owner, timeshare estate owner, or
 1001  holder of a recorded mortgage lien affecting a unit or timeshare
 1002  estate may intervene in the proceedings to contest the proposed
 1003  plan of termination brought pursuant to this paragraph. The
 1004  provisions of subsection (9), to the extent inconsistent with
 1005  this paragraph, and subsection (16) are not applicable to a
 1006  party contesting a plan of termination under this paragraph. If
 1007  no party intervenes to contest the proposed plan within 45 days
 1008  after filing the petition, the petitioner may move the court to
 1009  enter a final judgment authorizing that the plan of termination
 1010  be implemented. If a party timely intervenes to contest the
 1011  proposed plan, the plan may not be implemented until a final
 1012  judgment has been entered by the court finding that the proposed
 1013  plan of termination is fair and reasonable and authorizing
 1014  implementation of the plan.
 1015         (3) OPTIONAL TERMINATION.—Except as provided in subsection
 1016  (2) or unless the declaration provides for a lower percentage,
 1017  the condominium form of ownership of the property may be
 1018  terminated for all or a portion of the condominium property
 1019  pursuant to a plan of termination approved by at least 80
 1020  percent of the total voting interests of the condominium if no
 1021  not more than 10 percent of the total voting interests of the
 1022  condominium have rejected the plan of termination by negative
 1023  vote or by providing written objections thereto. This subsection
 1024  does not apply to condominiums in which 75 percent or more of
 1025  the units are timeshare units.
 1026         (4) EXEMPTION.—A plan of termination is not an amendment
 1027  subject to s. 718.110(4). In a partial termination, a plan of
 1028  termination is not an amendment subject to s. 718.110(4) if the
 1029  ownership share of the common elements of a surviving unit in
 1030  the condominium remains in the same proportion to the surviving
 1031  units as it was before the partial termination.
 1032         (11) PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
 1033  TERMINATION.—
 1034         (a) The plan of termination may provide that each unit
 1035  owner retains the exclusive right of possession to the portion
 1036  of the real estate which that formerly constituted the unit if,
 1037  in which case the plan specifies must specify the conditions of
 1038  possession. In a partial termination, the plan of termination as
 1039  specified in subsection (10) must also identify the units that
 1040  survive the partial termination and provide that such units
 1041  remain in the condominium form of ownership pursuant to an
 1042  amendment to the declaration of condominium or an amended and
 1043  restated declaration. In a partial termination, title to the
 1044  surviving units and common elements that remain part of the
 1045  condominium property specified in the plan of termination remain
 1046  vested in the ownership shown in the public records and do not
 1047  vest in the termination trustee.
 1048         (b) In a conditional termination, the plan must specify the
 1049  conditions for termination. A conditional plan does not vest
 1050  title in the termination trustee until the plan and a
 1051  certificate executed by the association with the formalities of
 1052  a deed, confirming that the conditions in the conditional plan
 1053  have been satisfied or waived by the requisite percentage of the
 1054  voting interests, have been recorded. In a partial termination,
 1055  the plan does not vest title to the surviving units or common
 1056  elements that remain part of the condominium property in the
 1057  termination trustee.
 1058         (12) ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
 1059  PROPERTY.—
 1060         (a) Unless the declaration expressly provides for the
 1061  allocation of the proceeds of sale of condominium property, the
 1062  plan of termination must first apportion the proceeds between
 1063  the aggregate value of all units and the value of the common
 1064  elements, based on their respective fair market values
 1065  immediately before the termination, as determined by one or more
 1066  independent appraisers selected by the association or
 1067  termination trustee. In a partial termination, the aggregate
 1068  values of the units and common elements that are being
 1069  terminated must be separately determined, and the plan of
 1070  termination must specify the allocation of the proceeds of sale
 1071  for the units and common elements.
 1072         (d) Liens that encumber a unit shall be transferred to the
 1073  proceeds of sale of the condominium property and the proceeds of
 1074  sale or other distribution of association property, common
 1075  surplus, or other association assets attributable to such unit
 1076  in their same priority. In a partial termination, liens that
 1077  encumber a unit being terminated must be transferred to the
 1078  proceeds of sale of that portion of the condominium property
 1079  being terminated which are attributable to such unit. The
 1080  proceeds of any sale of condominium property pursuant to a plan
 1081  of termination may not be deemed to be common surplus or
 1082  association property.
 1083         (14) TITLE VESTED IN TERMINATION TRUSTEE.—If termination is
 1084  pursuant to a plan of termination under subsection (2) or
 1085  subsection (3), the unit owners’ rights and title to as tenants
 1086  in common in undivided interests in the condominium property
 1087  being terminated vests vest in the termination trustee when the
 1088  plan is recorded or at a later date specified in the plan. The
 1089  unit owners thereafter become the beneficiaries of the proceeds
 1090  realized from the plan of termination as set forth in the plan.
 1091  The termination trustee may deal with the condominium property
 1092  being terminated or any interest therein if the plan confers on
 1093  the trustee the authority to protect, conserve, manage, sell, or
 1094  dispose of the condominium property. The trustee, on behalf of
 1095  the unit owners, may contract for the sale of real property
 1096  being terminated, but the contract is not binding on the unit
 1097  owners until the plan is approved pursuant to subsection (2) or
 1098  subsection (3).
 1099         (17) DISTRIBUTION.—
 1100         (a) Following termination of the condominium, the
 1101  condominium property, association property, common surplus, and
 1102  other assets of the association shall be held by the termination
 1103  trustee pursuant to the plan of termination, as trustee for unit
 1104  owners and holders of liens on the units, in their order of
 1105  priority unless otherwise set forth in the plan of termination.
 1106         (18) ASSOCIATION STATUS.—The termination of a condominium
 1107  does not change the corporate status of the association that
 1108  operated the condominium property. The association continues to
 1109  exist to conclude its affairs, prosecute and defend actions by
 1110  or against it, collect and discharge obligations, dispose of and
 1111  convey its property, and collect and divide its assets, but not
 1112  to act except as necessary to conclude its affairs. In a partial
 1113  termination, the association may continue as the condominium
 1114  association for the property that remains subject to the
 1115  declaration of condominium.
 1116         (19) CREATION OF ANOTHER CONDOMINIUM.—The termination or
 1117  partial termination of a condominium does not bar the filing of
 1118  a new declaration of condominium or an amended and restated
 1119  declaration of condominium by the termination trustee, or the
 1120  trustee’s successor in interest, for the terminated property or
 1121  affecting any portion thereof of the same property. The partial
 1122  termination of a condominium may provide for the simultaneous
 1123  filing of an amendment to the declaration of condominium or an
 1124  amended and restated declaration of condominium by the
 1125  condominium association for any portion of the property not
 1126  terminated from the condominium form of ownership.
 1127         Section 9. Subsections (3), (4), and (5) of section
 1128  718.303, Florida Statutes, are amended, and subsection (6) is
 1129  added to that section, to read:
 1130         718.303 Obligations of owners and occupants; remedies.—
 1131         (3) If a unit owner is delinquent for more than 90 days in
 1132  paying a monetary obligation due to the association, the
 1133  association may suspend the right of a unit owner or a unit’s
 1134  occupant, licensee, or invitee to use common elements, common
 1135  facilities, or any other association property until the monetary
 1136  obligation is paid. This subsection does not apply to limited
 1137  common elements intended to be used only by that unit, common
 1138  elements that must be used to access the unit, utility services
 1139  provided to the unit, parking spaces, or elevators. The
 1140  association may also levy reasonable fines for the failure of
 1141  the owner of the unit, or its occupant, licensee, or invitee, to
 1142  comply with any provision of the declaration, the association
 1143  bylaws, or reasonable rules of the association. A fine may does
 1144  not become a lien against a unit. A fine may not exceed $100 per
 1145  violation. However, A fine may be levied on the basis of each
 1146  day of a continuing violation, with a single notice and
 1147  opportunity for hearing. However, the fine may not exceed $100
 1148  per violation, or $1,000 in the aggregate exceed $1,000.
 1149         (a)An association may suspend, for a reasonable period of
 1150  time, the right of a unit owner, or a unit owner’s tenant,
 1151  guest, or invitee, to use the common elements, common
 1152  facilities, or any other association property for failure to
 1153  comply with any provision of the declaration, the association
 1154  bylaws, or reasonable rules of the association.
 1155         (b) A fine or suspension may not be imposed levied and a
 1156  suspension may not be imposed unless the association first
 1157  provides at least 14 days’ written notice and an opportunity for
 1158  a hearing to the unit owner and, if applicable, its occupant,
 1159  licensee, or invitee. The hearing must be held before a
 1160  committee of other unit owners who are neither board members nor
 1161  persons residing in a board member’s household. If the committee
 1162  does not agree with the fine or suspension, the fine or
 1163  suspension may not be levied or imposed.
 1164         (4) If a unit owner is more than 90 days delinquent in
 1165  paying a monetary obligation due to the association, the
 1166  association may suspend the right of the unit owner or the
 1167  unit’s occupant, licensee, or invitee to use common elements,
 1168  common facilities, or any other association property until the
 1169  monetary obligation is paid in full. This subsection does not
 1170  apply to limited common elements intended to be used only by
 1171  that unit, common elements needed to access the unit, utility
 1172  services provided to the unit, parking spaces, or elevators. The
 1173  notice and hearing requirements under subsection (3) do not
 1174  apply to suspensions imposed under this subsection.
 1175         (4) The notice and hearing requirements of subsection (3)
 1176  do not apply to the imposition of suspensions or fines against a
 1177  unit owner or a unit’s occupant, licensee, or invitee because of
 1178  failing to pay any amounts due the association. If such a fine
 1179  or suspension is imposed, the association must levy the fine or
 1180  impose a reasonable suspension at a properly noticed board
 1181  meeting, and after the imposition of such fine or suspension,
 1182  the association must notify the unit owner and, if applicable,
 1183  the unit’s occupant, licensee, or invitee by mail or hand
 1184  delivery.
 1185         (5) An association may also suspend the voting rights of a
 1186  unit or member due to nonpayment of any monetary obligation due
 1187  to the association which is more than 90 days delinquent. A
 1188  voting interest or consent right allocated to a unit or member
 1189  which has been suspended by the association may not be counted
 1190  towards the total number of voting interests for any purpose,
 1191  including, but not limited to, the number of voting interests
 1192  necessary to constitute a quorum, conduct an election, or
 1193  approve an action under this chapter or pursuant to the
 1194  declaration, articles of incorporation, or bylaws. The
 1195  suspension ends upon full payment of all obligations currently
 1196  due or overdue the association. The notice and hearing
 1197  requirements under subsection (3) do not apply to a suspension
 1198  imposed under this subsection.
 1199         (6) All suspensions imposed pursuant to subsection (4) or
 1200  subsection (5) must be approved at a properly noticed board
 1201  meeting. Upon approval, the association must notify the unit
 1202  owner and, if applicable, the unit’s occupant, licensee, or
 1203  invitee by mail or hand delivery.
 1204         Section 10. Section 718.703, Florida Statutes, is amended
 1205  to read:
 1206         718.703 Definitions.—As used in this part, the term:
 1207         (1) “Bulk assignee” means a person who is not a bulk buyer
 1208  and who:
 1209         (a) Acquires more than seven condominium parcels in a
 1210  single condominium as set forth in s. 718.707; and
 1211         (b) Receives an assignment of any of the developer rights,
 1212  other than or in addition to those rights described in
 1213  subsection (2), some or all of the rights of the developer as
 1214  set forth in the declaration of condominium or this chapter: by
 1215         1.By a written instrument recorded as part of or as an
 1216  exhibit to the deed; or as
 1217         2.By a separate instrument recorded in the public records
 1218  of the county in which the condominium is located; or
 1219         3. Pursuant to a final judgment or certificate of title
 1220  issued in favor of a purchaser at a foreclosure sale.
 1221  
 1222  A mortgagee or its assignee may not be deemed a bulk assignee or
 1223  a developer by reason of the acquisition of condominium units
 1224  and receipt of an assignment of some or all of a developer
 1225  rights unless the mortgagee or its assignee exercises any of the
 1226  developer rights other than those described in subsection (2).
 1227         (2) “Bulk buyer” means a person who acquires more than
 1228  seven condominium parcels in a single condominium as set forth
 1229  in s. 718.707, but who does not receive an assignment of any
 1230  developer rights, or receives only some or all of the following
 1231  rights: other than
 1232         (a) The right to conduct sales, leasing, and marketing
 1233  activities within the condominium;
 1234         (b) The right to be exempt from the payment of working
 1235  capital contributions to the condominium association arising out
 1236  of, or in connection with, the bulk buyer’s acquisition of the a
 1237  bulk number of units; and
 1238         (c) The right to be exempt from any rights of first refusal
 1239  which may be held by the condominium association and would
 1240  otherwise be applicable to subsequent transfers of title from
 1241  the bulk buyer to a third party purchaser concerning one or more
 1242  units.
 1243         Section 11. Section 718.704, Florida Statutes, is amended
 1244  to read:
 1245         718.704 Assignment and assumption of developer rights by
 1246  bulk assignee; bulk buyer.—
 1247         (1) A bulk assignee is deemed to have assumed assumes and
 1248  is liable for all duties and responsibilities of the developer
 1249  under the declaration and this chapter upon its acquisition of
 1250  title to units and continuously thereafter, except that it is
 1251  not liable for:
 1252         (a) Warranties of the developer under s. 718.203(1) or s.
 1253  718.618, except as expressly provided by the bulk assignee in a
 1254  prospectus or offering circular, or the contract for purchase
 1255  and sale executed with a purchaser, or for design, construction,
 1256  development, or repair work performed by or on behalf of the
 1257  such bulk assignee.;
 1258         (b) The obligation to:
 1259         1. Fund converter reserves under s. 718.618 for a unit that
 1260  was not acquired by the bulk assignee; or
 1261         2. Provide implied converter warranties on any portion of
 1262  the condominium property except as expressly provided by the
 1263  bulk assignee in a prospectus or offering circular, or the
 1264  contract for purchase and sale executed with a purchaser, or for
 1265  and pertaining to any design, construction, development, or
 1266  repair work performed by or on behalf of the bulk assignee.;
 1267         (c) The requirement to provide the association with a
 1268  cumulative audit of the association’s finances from the date of
 1269  formation of the condominium association as required by s.
 1270  718.301(4)(c). However, the bulk assignee must provide an audit
 1271  for the period during which the bulk assignee elects or appoints
 1272  a majority of the members of the board of administration.;
 1273         (d) Any liability arising out of or in connection with
 1274  actions taken by the board of administration or the developer
 1275  appointed directors before the bulk assignee elects or appoints
 1276  a majority of the members of the board of administration.; and
 1277         (e) Any liability for or arising out of the developer’s
 1278  failure to fund previous assessments or to resolve budgetary
 1279  deficits in relation to a developer’s right to guarantee
 1280  assessments, except as otherwise provided in subsection (2).
 1281  
 1282  The bulk assignee is also responsible only for delivering
 1283  documents and materials in accordance with s. 718.705(3). A bulk
 1284  assignee may expressly assume some or all of the developer
 1285  obligations of the developer described in paragraphs (a)-(e).
 1286         (2) A bulk assignee assigned the developer right receiving
 1287  the assignment of the rights of the developer to guarantee the
 1288  level of assessments and fund budgetary deficits pursuant to s.
 1289  718.116 assumes and is liable for all obligations of the
 1290  developer with respect to such guarantee upon its acquisition of
 1291  title to the units and continuously thereafter, including any
 1292  applicable funding of reserves to the extent required by law,
 1293  for as long as the guarantee remains in effect. A bulk assignee
 1294  not receiving such assignment, or a bulk buyer, does not assume
 1295  and is not liable for the obligations of the developer with
 1296  respect to such guarantee, but is responsible for payment of
 1297  assessments due on or after acquisition of the units in the same
 1298  manner as all other owners of condominium parcels or as
 1299  otherwise provided in s. 718.116.
 1300         (3) A bulk buyer is liable for the duties and
 1301  responsibilities of a the developer under the declaration and
 1302  this chapter only to the extent that such provided in this part,
 1303  together with any other duties or responsibilities are of the
 1304  developer expressly assumed in writing by the bulk buyer.
 1305         (4) An acquirer of condominium parcels is not a bulk
 1306  assignee or a bulk buyer if the transfer to such acquirer was
 1307  made:
 1308         (a) Before the effective date of this part;
 1309         (b) With the intent to hinder, delay, or defraud any
 1310  purchaser, unit owner, or the association;, or if the acquirer
 1311  is
 1312         (c) By a person who would be considered an insider under s.
 1313  726.102(7).
 1314         (5) An assignment of developer rights to a bulk assignee
 1315  may be made by a the developer, a previous bulk assignee, a
 1316  mortgagee or assignee who has acquired title to the units and
 1317  received an assignment of rights, or a court acting on behalf of
 1318  the developer or the previous bulk assignee if such developer
 1319  rights are held by the predecessor in title to the bulk
 1320  assignee. At any particular time, there may not be no more than
 1321  one bulk assignee within a condominium; however, but there may
 1322  be more than one bulk buyer. If more than one acquirer of
 1323  condominium parcels in the same condominium receives an
 1324  assignment of developer rights in addition to those rights
 1325  described in s. 718.703(2) from the same person, the bulk
 1326  assignee is the acquirer whose instrument of assignment is
 1327  recorded first in the public records of the county in which the
 1328  condominium is located, and any subsequent purported bulk
 1329  assignee may still qualify as a bulk buyer.
 1330         Section 12. Subsections (1) and (3) of section 718.705,
 1331  Florida Statutes, are amended to read:
 1332         718.705 Board of administration; transfer of control.—
 1333         (1) If at the time the bulk assignee acquires title to the
 1334  units and receives an assignment of developer rights, the
 1335  developer has not relinquished control of the board of
 1336  administration, for purposes of determining the timing for
 1337  transfer of control of the board of administration of the
 1338  association to unit owners other than the developer under s.
 1339  718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
 1340  majority of the members of the board, a condominium parcel
 1341  acquired by the bulk assignee is not deemed to be conveyed to a
 1342  purchaser, or owned by an owner other than the developer, until
 1343  the condominium parcel is conveyed to an owner who is not a bulk
 1344  assignee.
 1345         (3) If a bulk assignee relinquishes control of the board of
 1346  administration as set forth in s. 718.301, the bulk assignee
 1347  must deliver all of those items required by s. 718.301(4).
 1348  However, the bulk assignee is not required to deliver items and
 1349  documents not in the possession of the bulk assignee if some
 1350  items were or should have been in existence before the bulk
 1351  assignee’s acquisition of the units during the period during
 1352  which the bulk assignee was entitled to elect at least a
 1353  majority of the members of the board of administration. In
 1354  conjunction with the acquisition of units condominium parcels, a
 1355  bulk assignee shall undertake a good faith effort to obtain the
 1356  documents and materials that must be provided to the association
 1357  pursuant to s. 718.301(4). If the bulk assignee is not able to
 1358  obtain all of such documents and materials, the bulk assignee
 1359  must certify in writing to the association the names or
 1360  descriptions of the documents and materials that were not
 1361  obtainable by the bulk assignee. Delivery of the certificate
 1362  relieves the bulk assignee of responsibility for delivering the
 1363  documents and materials referenced in the certificate as
 1364  otherwise required under ss. 718.112 and 718.301 and this part.
 1365  The responsibility of the bulk assignee for the audit required
 1366  by s. 718.301(4) commences as of the date on which the bulk
 1367  assignee elected or appointed a majority of the members of the
 1368  board of administration.
 1369         Section 13. Section 718.706, Florida Statutes, is amended
 1370  to read:
 1371         718.706 Specific provisions pertaining to offering of units
 1372  by a bulk assignee or bulk buyer.—
 1373         (1) Before offering more than seven any units in a single
 1374  condominium for sale or for lease for a term exceeding 5 years,
 1375  a bulk assignee or a bulk buyer must file the following
 1376  documents with the division and provide such documents to a
 1377  prospective purchaser or tenant:
 1378         (a) An updated prospectus or offering circular, or a
 1379  supplement to the prospectus or offering circular, filed by the
 1380  original developer prepared in accordance with s. 718.504, which
 1381  must include the form of contract for sale and for lease in
 1382  compliance with s. 718.503(2);
 1383         (b) An updated Frequently Asked Questions and Answers
 1384  sheet;
 1385         (c) The executed escrow agreement if required under s.
 1386  718.202; and
 1387         (d) The financial information required by s. 718.111(13).
 1388  However, if a financial information report did does not exist
 1389  for the fiscal year before the acquisition of title by the bulk
 1390  assignee or bulk buyer, and if or accounting records that cannot
 1391  be obtained in good faith by the bulk assignee or the bulk buyer
 1392  which would permit preparation of the required financial
 1393  information report for that period cannot be obtained despite
 1394  good faith efforts by the bulk assignee or the bulk buyer, the
 1395  bulk assignee or bulk buyer is excused from the requirement of
 1396  this paragraph. However, the bulk assignee or bulk buyer must
 1397  include in the purchase contract the following statement in
 1398  conspicuous type:
 1399  
 1400         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 1401         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 1402         BEFORE THE SELLER’S ACQUISITION OF THE UNIT
 1403         IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
 1404         IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
 1405         GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
 1406         INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
 1407  
 1408         (2) Before offering more than seven any units in a single
 1409  condominium for sale or for lease for a term exceeding 5 years,
 1410  a bulk assignee or a bulk buyer must file with the division and
 1411  provide to a prospective purchaser or tenant under a lease for a
 1412  term exceeding 5 years a disclosure statement that includes, but
 1413  is not limited to:
 1414         (a) A description of any rights of the developer rights
 1415  that developer which have been assigned to the bulk assignee or
 1416  bulk buyer;
 1417         (b) The following statement in conspicuous type:
 1418  
 1419         THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
 1420         DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
 1421         APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
 1422         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
 1423         OF THE SELLER; and
 1424  
 1425         (c) If the condominium is a conversion subject to part VI,
 1426  the following statement in conspicuous type:
 1427  
 1428         THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
 1429         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
 1430         718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
 1431         EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
 1432         THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
 1433         SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
 1434         ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
 1435         PERFORMED BY OR ON BEHALF OF THE SELLER.
 1436  
 1437         (3) A bulk assignee, while it is in control of the board of
 1438  administration of the association, may not authorize, on behalf
 1439  of the association:
 1440         (a) The waiver of reserves or the reduction of funding of
 1441  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 1442  a majority of the voting interests not controlled by the
 1443  developer, bulk assignee, and bulk buyer; or
 1444         (b) The use of reserve expenditures for other purposes
 1445  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 1446  the voting interests not controlled by the developer, bulk
 1447  assignee, and bulk buyer.
 1448         (4) A bulk assignee or a bulk buyer must comply with all
 1449  the requirements of s. 718.302 regarding any contracts entered
 1450  into by the association during the period the bulk assignee or
 1451  bulk buyer maintains control of the board of administration.
 1452  Unit owners shall be provided afforded all of the rights and the
 1453  protections contained in s. 718.302 regarding agreements entered
 1454  into by the association which are under the control of before
 1455  unit owners other than the developer, bulk assignee, or bulk
 1456  buyer elected a majority of the board of administration.
 1457         (5) Notwithstanding any other provision of this part, a
 1458  bulk assignee or a bulk buyer is not required to comply with the
 1459  filing or disclosure requirements of subsections (1) and (2) if
 1460  all of the units owned by the bulk assignee or bulk buyer are
 1461  offered and conveyed to a single purchaser in a single
 1462  transaction. A bulk buyer must comply with the requirements
 1463  contained in the declaration regarding any transfer of a unit,
 1464  including sales, leases, and subleases. A bulk buyer is not
 1465  entitled to any exemptions afforded a developer or successor
 1466  developer under this chapter regarding the transfer of a unit,
 1467  including sales, leases, or subleases.
 1468         Section 14. Section 718.707, Florida Statutes, is amended
 1469  to read:
 1470         718.707 Time limitation for classification as bulk assignee
 1471  or bulk buyer.—A person acquiring condominium parcels may not be
 1472  classified as a bulk assignee or bulk buyer unless the
 1473  condominium parcels were acquired on or after July 1, 2010, but
 1474  before July 1, 2012. The date of such acquisition shall be
 1475  determined by the date of recording of a deed or other
 1476  instrument of conveyance for such parcels in the public records
 1477  of the county in which the condominium is located, or by the
 1478  date of issuing issuance of a certificate of title in a
 1479  foreclosure proceeding with respect to such condominium parcels.
 1480         Section 15. Subsections (4) and (10) of section 719.108,
 1481  Florida Statutes, are amended to read:
 1482         719.108 Rents and assessments; liability; lien and
 1483  priority; interest; collection; cooperative ownership.—
 1484         (4) The association has a lien on each cooperative parcel
 1485  for any unpaid rents and assessments, plus interest, any
 1486  authorized administrative late fees, and any reasonable costs
 1487  for collection services for which the association has contracted
 1488  against the unit owner of the cooperative parcel. If authorized
 1489  by the cooperative documents, the lien also secures reasonable
 1490  attorney’s fees incurred by the association incident to the
 1491  collection of the rents and assessments or enforcement of such
 1492  lien. The lien is effective from and after recording a claim of
 1493  lien in the public records in the county in which the
 1494  cooperative parcel is located which states the description of
 1495  the cooperative parcel, the name of the unit owner, the amount
 1496  due, and the due dates. The lien expires if a claim of lien is
 1497  not filed within 1 year after the date the assessment was due,
 1498  and the lien does not continue for longer than 1 year after the
 1499  claim of lien has been recorded unless, within that time, an
 1500  action to enforce the lien is commenced. Except as otherwise
 1501  provided in this chapter, a lien may not be filed by the
 1502  association against a cooperative parcel until 30 days after the
 1503  date on which a notice of intent to file a lien has been
 1504  delivered to the owner.
 1505         (a) The notice must be sent to the unit owner at the
 1506  address of the unit by first-class United States mail and:
 1507         1. If the most recent address of the unit owner on the
 1508  records of the association is the address of the unit, the
 1509  notice must be sent by registered or certified mail, return
 1510  receipt requested, to the unit owner at the address of the unit.
 1511         2. If the most recent address of the unit owner on the
 1512  records of the association is in the United States, but is not
 1513  the address of the unit, the notice must be sent by registered
 1514  or certified mail, return receipt requested, to the unit owner
 1515  at his or her most recent address.
 1516         3. If the most recent address of the unit owner on the
 1517  records of the association is not in the United States, the
 1518  notice must be sent by first-class United States mail to the
 1519  unit owner at his or her most recent address.
 1520         (b) A notice that is sent pursuant to this subsection is
 1521  deemed delivered upon mailing.
 1522         (10) If the unit is occupied by a tenant and the unit owner
 1523  is delinquent in paying any monetary obligation due to the
 1524  association, the association may make a written demand that the
 1525  tenant pay rent to the association the future monetary
 1526  obligations related to the cooperative share to the association
 1527  and continue to the tenant must make such payments until all
 1528  monetary obligations of the unit owner related to the unit have
 1529  been paid in full to the association payment. The demand is
 1530  continuing in nature, and upon demand, The tenant must pay the
 1531  rent the monetary obligations to the association until the
 1532  association releases the tenant or the tenant discontinues
 1533  tenancy in the unit. The association must mail written notice to
 1534  the unit owner of the association’s demand that the tenant make
 1535  payments to the association. The association shall, upon
 1536  request, provide the tenant with written receipts for payments
 1537  made. A tenant who acts in good faith in response to a written
 1538  demand from an association is immune from any claim by from the
 1539  unit owner.
 1540         (a) If the tenant paid prepaid rent to the unit owner for a
 1541  given rental period before receiving the demand from the
 1542  association and provides written evidence of prepaying paying
 1543  the rent to the association within 14 days after receiving the
 1544  demand, the tenant shall receive credit for the prepaid rent for
 1545  the applicable period but and must make any subsequent rental
 1546  payments to the association to be credited against the monetary
 1547  obligations of the unit owner to the association.
 1548         (b) The tenant is not liable for increases in the amount of
 1549  the regular monetary obligations due unless the tenant was
 1550  notified in writing of the increase at least 10 days before the
 1551  date on which the rent is due. The liability of the tenant may
 1552  not exceed the amount due from the tenant to the tenant’s
 1553  landlord. The tenant’s landlord shall provide the tenant a
 1554  credit against rents due to the unit owner in the amount of
 1555  moneys paid to the association under this section.
 1556         (c) The association may issue notices under s. 83.56 and
 1557  may sue for eviction under ss. 83.59-83.625 as if the
 1558  association were a landlord under part II of chapter 83 if the
 1559  tenant fails to pay a required payment. However, the association
 1560  is not otherwise considered a landlord under chapter 83 and
 1561  specifically has no obligations duties under s. 83.51.
 1562         (d) The tenant does not, by virtue of payment of monetary
 1563  obligations, have any of the rights of a unit owner to vote in
 1564  any election or to examine the books and records of the
 1565  association.
 1566         (e) A court may supersede the effect of this subsection by
 1567  appointing a receiver.
 1568         Section 16. Subsection (3) of section 719.303, Florida
 1569  Statutes, is amended, and subsections (4), (5), and (6) are
 1570  added to that section, to read:
 1571         719.303 Obligations of owners.—
 1572         (3) If the cooperative documents so provide, The
 1573  association may levy reasonable fines against a unit owner for
 1574  failure of the unit owner or the unit’s occupant, his or her
 1575  licensee, or invitee or the unit’s occupant to comply with any
 1576  provision of the cooperative documents or reasonable rules of
 1577  the association. A fine may not No fine shall become a lien
 1578  against a unit. No fine shall exceed $100 per violation.
 1579  However, A fine may be levied on the basis of each day of a
 1580  continuing violation, with a single notice and opportunity for
 1581  hearing. However, the fine may not exceed $100 per violation, or
 1582  $1,000 provided that no such fine shall in the aggregate exceed
 1583  $1,000.
 1584         (a) An association may suspend, for a reasonable period of
 1585  time, the right of a unit owner, or a unit owner’s tenant,
 1586  guest, or invitee, to use the common elements, common
 1587  facilities, or any other association property for failure to
 1588  comply with any provision of the cooperative documents or
 1589  reasonable rules of the association.
 1590         (b) A No fine or suspension may not be imposed levied
 1591  except after giving reasonable notice and opportunity for a
 1592  hearing to the unit owner and, if applicable, the unit’s his or
 1593  her licensee or invitee. The hearing must shall be held before a
 1594  committee of other unit owners. If the committee does not agree
 1595  with the fine or suspension, it may shall not be imposed levied.
 1596  This subsection does not apply to unoccupied units.
 1597         (4) If a unit owner is more than 90 days delinquent in
 1598  paying a monetary obligation due to the association, the
 1599  association may suspend the right of the unit owner or the
 1600  unit’s occupant, licensee, or invitee to use common elements,
 1601  common facilities, or any other association property until the
 1602  monetary obligation is paid in full. This subsection does not
 1603  apply to limited common elements intended to be used only by
 1604  that unit, common elements needed to access the unit, utility
 1605  services provided to the unit, parking spaces, or elevators. The
 1606  notice and hearing requirements under subsection (3) do not
 1607  apply to suspensions imposed under this subsection.
 1608         (5) An association may suspend the voting rights of a unit
 1609  or member due to nonpayment of any monetary obligation due to
 1610  the association which is more than 90 days delinquent. A voting
 1611  interest or consent right allocated to a unit or member which
 1612  has been suspended by the association may not be counted towards
 1613  the total number of voting interests for any purpose, including,
 1614  but not limited to, the number of voting interests necessary to
 1615  constitute a quorum, conduct an election, or approve an action
 1616  under this chapter or pursuant to the declaration, articles of
 1617  incorporation, or bylaws. The suspension ends upon full payment
 1618  of all obligations currently due or overdue the association. The
 1619  notice and hearing requirements under subsection (3) do not
 1620  apply to a suspension imposed under this subsection.
 1621         (6) All suspensions imposed pursuant to subsection (4) or
 1622  subsection (5) must be approved at a properly noticed board
 1623  meeting. Upon approval, the association must notify the unit
 1624  owner and, if applicable, the unit’s occupant, licensee, or
 1625  invitee by mail or hand delivery.
 1626         Section 17. Subsection (4) of section 720.301, Florida
 1627  Statutes, is amended to read:
 1628         720.301 Definitions.—As used in this chapter, the term:
 1629         (4) “Declaration of covenants,” or “declaration,” means a
 1630  recorded written instrument or instruments in the nature of
 1631  covenants running with the land which subject subjects the land
 1632  comprising the community to the jurisdiction and control of an
 1633  association or associations in which the owners of the parcels,
 1634  or their association representatives, must be members.
 1635         Section 18. Paragraph (c) of subsection (5) of section
 1636  720.303, Florida Statutes, is amended to read:
 1637         720.303 Association powers and duties; meetings of board;
 1638  official records; budgets; financial reporting; association
 1639  funds; recalls.—
 1640         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1641  shall be maintained within the state and must be open to
 1642  inspection and available for photocopying by members or their
 1643  authorized agents at reasonable times and places within 10
 1644  business days after receipt of a written request for access.
 1645  This subsection may be complied with by having a copy of the
 1646  official records available for inspection or copying in the
 1647  community. If the association has a photocopy machine available
 1648  where the records are maintained, it must provide parcel owners
 1649  with copies on request during the inspection if the entire
 1650  request is limited to no more than 25 pages.
 1651         (c) The association may adopt reasonable written rules
 1652  governing the frequency, time, location, notice, records to be
 1653  inspected, and manner of inspections, but may not require a
 1654  parcel owner to demonstrate any proper purpose for the
 1655  inspection, state any reason for the inspection, or limit a
 1656  parcel owner’s right to inspect records to less than one 8-hour
 1657  business day per month. The association may impose fees to cover
 1658  the costs of providing copies of the official records,
 1659  including, without limitation, the costs of copying. The
 1660  association may charge up to 50 cents per page for copies made
 1661  on the association’s photocopier. If the association does not
 1662  have a photocopy machine available where the records are kept,
 1663  or if the records requested to be copied exceed 25 pages in
 1664  length, the association may have copies made by an outside
 1665  vendor or association management company personnel and may
 1666  charge the actual cost of copying, including any reasonable
 1667  costs involving personnel fees and charges at an hourly rate for
 1668  vendor or employee time to cover administrative costs to the
 1669  vendor or association. The association shall maintain an
 1670  adequate number of copies of the recorded governing documents,
 1671  to ensure their availability to members and prospective members.
 1672  Notwithstanding this paragraph, the following records are not
 1673  accessible to members or parcel owners:
 1674         1. Any record protected by the lawyer-client privilege as
 1675  described in s. 90.502 and any record protected by the work
 1676  product privilege, including, but not limited to, a any record
 1677  prepared by an association attorney or prepared at the
 1678  attorney’s express direction which reflects a mental impression,
 1679  conclusion, litigation strategy, or legal theory of the attorney
 1680  or the association and which was prepared exclusively for civil
 1681  or criminal litigation or for adversarial administrative
 1682  proceedings or which was prepared in anticipation of such
 1683  imminent civil or criminal litigation or imminent adversarial
 1684  administrative proceedings until the conclusion of the
 1685  litigation or administrative proceedings.
 1686         2. Information obtained by an association in connection
 1687  with the approval of the lease, sale, or other transfer of a
 1688  parcel.
 1689         3. Personnel records of the association’s employees,
 1690  including, but not limited to, disciplinary, payroll, health,
 1691  and insurance records. For purposes of this paragraph, the term
 1692  “personnel records” does not include written employment
 1693  agreements with an association employee or budgetary or
 1694  financial records that indicate the compensation paid to an
 1695  association employee.
 1696         4. Medical records of parcel owners or community residents.
 1697         5. Social security numbers, driver’s license numbers,
 1698  credit card numbers, electronic mailing addresses, telephone
 1699  numbers, facsimile numbers, emergency contact information, any
 1700  addresses for a parcel owner other than as provided for
 1701  association notice requirements, and other personal identifying
 1702  information of any person, excluding the person’s name, parcel
 1703  designation, mailing address, and property address. However, an
 1704  owner may consent in writing to the disclosure of protected
 1705  information described in this subparagraph. The association is
 1706  not liable for the disclosure of information that is protected
 1707  under this subparagraph if the information is included in an
 1708  official record of the association and is voluntarily provided
 1709  by an owner and not requested by the association.
 1710         6. Any electronic security measure that is used by the
 1711  association to safeguard data, including passwords.
 1712         7. The software and operating system used by the
 1713  association which allows the manipulation of data, even if the
 1714  owner owns a copy of the same software used by the association.
 1715  The data is part of the official records of the association.
 1716         Section 19. Subsection (2) of section 720.305, Florida
 1717  Statutes, is amended, present subsection (3) of that section is
 1718  amended and renumbered as subsection (4), and a new subsection
 1719  (3) and subsection (5) are added to that section, to read:
 1720         720.305 Obligations of members; remedies at law or in
 1721  equity; levy of fines and suspension of use rights.—
 1722         (2) The association If a member is delinquent for more than
 1723  90 days in paying a monetary obligation due the association, an
 1724  association may suspend, until such monetary obligation is paid,
 1725  the rights of a member or a member’s tenants, guests, or
 1726  invitees, or both, to use common areas and facilities and may
 1727  levy reasonable fines of up to $100 per violation, against any
 1728  member or any member’s tenant, guest, or invitee for the failure
 1729  of the owner of the parcel, or its occupant, licensee, or
 1730  invitee, to comply with any provision of the declaration, the
 1731  association bylaws, or reasonable rules of the association. A
 1732  fine may be levied for each day of a continuing violation, with
 1733  a single notice and opportunity for hearing, except that the a
 1734  fine may not exceed $1,000 in the aggregate unless otherwise
 1735  provided in the governing documents. A fine of less than $1,000
 1736  may not become a lien against a parcel. In any action to recover
 1737  a fine, the prevailing party is entitled to collect its
 1738  reasonable attorney’s fees and costs from the nonprevailing
 1739  party as determined by the court.
 1740         (a) An association may suspend, for a reasonable period of
 1741  time, the right of a member, or a member’s tenant, guest, or
 1742  invitee, to use common areas and facilities for the failure of
 1743  the owner of the parcel, or its occupant, licensee, or invitee,
 1744  to comply with any provision of the declaration, the association
 1745  bylaws, or reasonable rules of the association. The provisions
 1746  regarding the suspension-of-use rights do not apply to the
 1747  portion of common areas that must be used to provide access to
 1748  the parcel or utility services provided to the parcel.
 1749         (b)(a) A fine or suspension may not be imposed without at
 1750  least 14 days’ notice to the person sought to be fined or
 1751  suspended and an opportunity for a hearing before a committee of
 1752  at least three members appointed by the board who are not
 1753  officers, directors, or employees of the association, or the
 1754  spouse, parent, child, brother, or sister of an officer,
 1755  director, or employee. If the committee, by majority vote, does
 1756  not approve a proposed fine or suspension, it may not be
 1757  imposed. If the association imposes a fine or suspension, the
 1758  association must provide written notice of such fine or
 1759  suspension by mail or hand delivery to the parcel owner and, if
 1760  applicable, to any tenant, licensee, or invitee of the parcel
 1761  owner.
 1762         (3) If a member is more than 90 days delinquent in paying a
 1763  monetary obligation due to the association, the association may
 1764  suspend the right of the member, or the member’s tenant, guest,
 1765  or invitee, to use common areas and facilities until the
 1766  monetary obligation is paid in full. The subsection does not
 1767  apply to that portion of common areas used to provide access to
 1768  the parcel or to utility services provided to the parcel.
 1769         (b) Suspension does of common-area-use rights do not impair
 1770  the right of an owner or tenant of a parcel to have vehicular
 1771  and pedestrian ingress to and egress from the parcel, including,
 1772  but not limited to, the right to park. The notice and hearing
 1773  requirements under subsection (2) do not apply to a suspension
 1774  imposed under this subsection.
 1775         (4)(3)If the governing documents so provide, An
 1776  association may suspend the voting rights of a parcel or member
 1777  for the nonpayment of any monetary obligation that is more than
 1778  regular annual assessments that are delinquent in excess of 90
 1779  days delinquent. A voting interest or consent right allocated to
 1780  a parcel or member which has been suspended by the association
 1781  may not be counted towards the total number of voting interests
 1782  for any purpose, including, but not limited to, the number of
 1783  voting interests necessary to constitute a quorum, conduct an
 1784  election, or approve an action under this chapter or pursuant to
 1785  the governing documents. The suspension ends upon full payment
 1786  of all obligations currently due or overdue to the association.
 1787  The notice and hearing requirements under subsection (2) do not
 1788  apply to a suspension imposed under this subsection.
 1789         (5) All suspensions imposed pursuant to subsection (3) or
 1790  subsection (4) must be approved at a properly noticed board
 1791  meeting. Upon approval, the association must notify the parcel
 1792  owner and, if applicable, the parcel’s occupant, licensee, or
 1793  invitee by mail or hand delivery.
 1794         Section 20. Subsection (9) of section 720.306, Florida
 1795  Statutes, is amended to read:
 1796         720.306 Meetings of members; voting and election
 1797  procedures; amendments.—
 1798         (9) ELECTIONS AND BOARD VACANCIES.—Elections of directors
 1799  must be conducted in accordance with the procedures set forth in
 1800  the governing documents of the association.
 1801         (a) All members of the association are eligible to serve on
 1802  the board of directors, and a member may nominate himself or
 1803  herself as a candidate for the board at a meeting where the
 1804  election is to be held or, if the election process allows voting
 1805  by absentee ballot, in advance of the balloting. However:
 1806         1. A person who is delinquent in the payment of any fee,
 1807  fine, or other monetary obligation to the association for more
 1808  than 90 days is not eligible for board membership.
 1809         2. A person who has been convicted of any felony in this
 1810  state or in a United States District or Terrritorial Court, or
 1811  has been convicted of any offense in another jurisdiction which
 1812  would be considered a felony if committed in this state, is not
 1813  eligible for board membership unless such felon’s civil rights
 1814  have been restored for at least 5 years as of the date on which
 1815  such person seeks election to the board. The validity of any
 1816  action by the board is not affected if it is later determined
 1817  that a member of the board is ineligible for board membership
 1818  due to having been convicted of a felony.
 1819         (b) Except as otherwise provided in the governing
 1820  documents, boards of directors must be elected by a plurality of
 1821  the votes cast by eligible voters.
 1822         (c) Any election dispute between a member and an
 1823  association must be submitted to mandatory binding arbitration
 1824  with the division. Such proceedings must be conducted in the
 1825  manner provided by s. 718.1255 and the procedural rules adopted
 1826  by the division.
 1827         (d) Unless otherwise provided in the bylaws, any vacancy
 1828  occurring on the board before the expiration of a term may be
 1829  filled by an affirmative vote of the majority of the remaining
 1830  directors, even if the remaining directors constitute less than
 1831  a quorum, or by the sole remaining director. In the alternative,
 1832  a board may hold an election to fill the vacancy, in which case
 1833  the election procedures must conform to the requirements of the
 1834  governing documents.
 1835         (e) Unless otherwise provided in the bylaws, a board member
 1836  appointed or elected under this section is appointed for the
 1837  unexpired term of the seat being filled.
 1838         (f) Filling vacancies created by recall is governed by s.
 1839  720.303(10) and rules adopted by the division.
 1840         Section 21. Subsections (2) and (8) of section 720.3085,
 1841  Florida Statutes, are amended to read:
 1842         720.3085 Payment for assessments; lien claims.—
 1843         (2)(a) A parcel owner, regardless of how his or her title
 1844  to property has been acquired, including by purchase at a
 1845  foreclosure sale or by deed in lieu of foreclosure, is liable
 1846  for all assessments that come due while he or she is the parcel
 1847  owner. The parcel owner’s liability for assessments may not be
 1848  avoided by waiver or suspension of the use or enjoyment of any
 1849  common area or by abandonment of the parcel upon which the
 1850  assessments are made.
 1851         (a)(b) A parcel owner is jointly and severally liable with
 1852  the previous parcel owner for all unpaid assessments that came
 1853  due up to the time of transfer of title. This liability is
 1854  without prejudice to any right the present parcel owner may have
 1855  to recover any amounts paid by the present owner from the
 1856  previous owner.
 1857         (b)(c) Notwithstanding any other provision of anything to
 1858  the contrary contained in this section, the liability of a first
 1859  mortgagee, or its successor or assignee as a subsequent holder
 1860  of the first mortgage who acquires title to a parcel by
 1861  foreclosure or by deed in lieu of foreclosure for the unpaid
 1862  assessments that became due before the mortgagee’s acquisition
 1863  of title is limited to, shall be the lesser of:
 1864         1. The parcel’s unpaid common expenses and regular periodic
 1865  or special assessments that accrued or came due during the 12
 1866  months immediately preceding the acquisition of title and for
 1867  which payment in full has not been received by the association;
 1868  or
 1869         2. One percent of the original mortgage debt.
 1870  
 1871  The limitations on first mortgagee liability provided by this
 1872  paragraph apply only if the first mortgagee filed suit against
 1873  the parcel owner and initially joined the association as a
 1874  defendant in the mortgagee foreclosure action. Joinder of the
 1875  association is not required if, on the date the complaint is
 1876  filed, the association was dissolved or did not maintain an
 1877  office or agent for service of process at a location that was
 1878  known to or reasonably discoverable by the mortgagee.
 1879         (c) An association, or its successor or assignee, which
 1880  acquires title to a parcel through the foreclosure of its lien
 1881  for assessments is not liable for any unpaid assessments, late
 1882  fees, interest, or reasonable attorney’s fees and costs that
 1883  came due before the association’s acquisition of title in favor
 1884  of any other association, as defined in s. 718.103(2) or s.
 1885  720.301(9), which hold a superior lien interest on the parcel.
 1886  This paragraph is intended to clarify existing law.
 1887         (8) If the parcel is occupied by a tenant and the parcel
 1888  owner is delinquent in paying any monetary obligation due to the
 1889  association, the association may demand that the tenant pay rent
 1890  to the association and continue to make such payments until all
 1891  the monetary obligations of the parcel owner related to the
 1892  parcel have been paid in full and the future monetary
 1893  obligations related to the parcel. The demand is continuing in
 1894  nature, and upon demand, the tenant must continue to pay the
 1895  monetary obligations until the association releases the tenant
 1896  or until the tenant discontinues tenancy in the parcel. A tenant
 1897  who acts in good faith in response to a written demand from an
 1898  association is immune from any claim by from the parcel owner.
 1899         (a) If the tenant paid prepaid rent to the parcel owner for
 1900  a given rental period before receiving the demand from the
 1901  association and provides written evidence of prepaying paying
 1902  the rent to the association within 14 days after receiving the
 1903  demand, the tenant shall receive credit for the prepaid rent for
 1904  the applicable period but and must make any subsequent rental
 1905  payments to the association to be credited against the monetary
 1906  obligations of the parcel owner to the association. The
 1907  association shall, upon request, provide the tenant with written
 1908  receipts for payments made. The association shall mail written
 1909  notice to the parcel owner of the association’s demand that the
 1910  tenant pay monetary obligations to the association.
 1911         (b) The tenant is not liable for increases in the amount of
 1912  the monetary obligations due unless the tenant was notified in
 1913  writing of the increase at least 10 days before the date on
 1914  which the rent is due. The liability of the tenant may not
 1915  exceed the amount due from the tenant to the tenant’s landlord.
 1916  The tenant shall be given a credit against rents due to the
 1917  parcel owner in the amount of assessments paid to the
 1918  association.
 1919         (c) The association may issue notices under s. 83.56 and
 1920  may sue for eviction under ss. 83.59-83.625 as if the
 1921  association were a landlord under part II of chapter 83 if the
 1922  tenant fails to pay a monetary obligation. However, the
 1923  association is not otherwise considered a landlord under chapter
 1924  83 and specifically has no obligations duties under s. 83.51.
 1925         (d) The tenant does not, by virtue of payment of monetary
 1926  obligations, have any of the rights of a parcel owner to vote in
 1927  any election or to examine the books and records of the
 1928  association.
 1929         (e) A court may supersede the effect of this subsection by
 1930  appointing a receiver.
 1931         Section 22. Section 720.309, Florida Statutes, is amended
 1932  to read:
 1933         720.309 Agreements entered into by the association.—
 1934         (1) Any grant or reservation made by any document, and any
 1935  contract that has with a term greater than in excess of 10
 1936  years, that is made by an association before control of the
 1937  association is turned over to the members other than the
 1938  developer, and that provides which provide for the operation,
 1939  maintenance, or management of the association or common areas,
 1940  must be fair and reasonable.
 1941         (2) If the governing documents provide for the cost of
 1942  communication services as defined in s. 202.11, information
 1943  services or Internet services obtained pursuant to a bulk
 1944  contract shall be deemed an operating expense of the
 1945  association. If the governing documents do not provide for such
 1946  services, the board may contract for the services, and the cost
 1947  shall be deemed an operating expense of the association but must
 1948  be allocated on a per-parcel basis rather than a percentage
 1949  basis, notwithstanding that the governing documents provide for
 1950  other than an equal sharing of operating expenses. Any contract
 1951  entered into before July 1, 2011, in which the cost of the
 1952  service is not equally divided among all parcel owners may be
 1953  changed by a majority of the voting interests present at a
 1954  regular or special meeting of the association in order to
 1955  allocate the cost equally among all parcels.
 1956         (a) Any contract entered into may be canceled by a majority
 1957  of the voting interests present at the next regular or special
 1958  meeting of the association, whichever occurs first. Any member
 1959  may make a motion to cancel such contract, but if no motion is
 1960  made or if such motion fails to obtain the required vote, the
 1961  contract shall be deemed ratified for the term expressed
 1962  therein.
 1963         (b) Any contract entered into must provide, and shall be
 1964  deemed to provide if not expressly set forth therein, that a
 1965  hearing-impaired or legally blind parcel owner who does not
 1966  occupy the parcel along with a nonhearing-impaired or sighted
 1967  person, or a parcel owner who receives supplemental security
 1968  income under Title XVI of the Social Security Act or food stamps
 1969  as administered by the Department of Children and Family
 1970  Services pursuant to s. 414.31, may discontinue the service
 1971  without incurring disconnect fees, penalties, or subsequent
 1972  service charges, and may not be required to pay any operating
 1973  expenses charge related to such service for those parcels. If
 1974  fewer than all parcel owners share the expenses of the
 1975  communication services, information services, or Internet
 1976  services, the expense must be shared by all participating parcel
 1977  owners. The association may use the provisions of s. 720.3085 to
 1978  enforce payment by the parcel owners receiving such services.
 1979         (c) A resident of any parcel, whether a tenant or parcel
 1980  owner, may not be denied access to available franchised,
 1981  licensed, or certificated cable or video service providers if
 1982  the resident pays the provider directly for services. A resident
 1983  or a cable or video service provider may not be required to pay
 1984  anything of value in order to obtain or provide such service
 1985  except for the charges normally paid for like services by
 1986  residents of single-family homes located outside the community
 1987  but within the same franchised, licensed, or certificated area,
 1988  and except for installation charges agreed to between the
 1989  resident and the service provider.
 1990         Section 23. This act shall take effect July 1, 2011.