Florida Senate - 2014                                     SB 798
       
       
        
       By Senator Ring
       
       
       
       
       
       29-00577C-14                                           2014798__
    1                        A bill to be entitled                      
    2         An act relating to real and personal property;
    3         amending s. 712.05, F.S.; clarifying existing law
    4         relating to marketable record title; amending s.
    5         718.110, F.S.; providing that an amendment to a
    6         declaration related to rental condominium units does
    7         not apply to unit owners who vote against the
    8         amendment; amending s. 718.111, F.S.; authorizing an
    9         association to inspect and repair abandoned
   10         condominium units; specifying criteria under which a
   11         unit is presumed abandoned; providing a mechanism for
   12         an association to recover costs associated with
   13         maintaining an abandoned unit; requiring an outgoing
   14         condominium association board or committee member to
   15         relinquish all official records and property of the
   16         association within a specified time; providing a civil
   17         penalty for failing to relinquish such records and
   18         property; amending s. 718.112, F.S.; providing that a
   19         board or committee member’s participation in a meeting
   20         via real-time videoconferencing or similar electronic
   21         or video communication counts toward a quorum and that
   22         such member may vote as if physically present;
   23         authorizing the board to communicate via e-mail;
   24         prohibiting the board from voting via e-mail; amending
   25         s. 718.116, F.S.; expanding costs that a unit owner is
   26         jointly and severally responsible for paying with the
   27         previous owner; providing that the term “previous
   28         owner” does not include certain associations; limiting
   29         the unit owner’s liability for specified costs to
   30         amounts accrued before the association acquired title
   31         to the delinquent property; amending s. 718.707, F.S.;
   32         extending the date by which a parcel must be acquired
   33         in order for a person to be classified as a bulk
   34         assignee or bulk buyer; amending s. 719.104, F.S.;
   35         requiring an outgoing cooperative association board or
   36         committee member to relinquish all official records
   37         and property of the association within a specified
   38         time; providing a civil penalty for failing to
   39         relinquish such records and property; providing dates
   40         by which financial reports for an association must be
   41         completed; specifying that members must receive copies
   42         of financial reports; requiring specific types of
   43         financial statements for associations of varying
   44         sizes; providing exceptions; providing a mechanism for
   45         waiving or increasing financial reporting
   46         requirements; amending s. 719.106, F.S.; providing
   47         that certain persons are ineligible for board
   48         membership; suspending a director or officer from
   49         office if he or she is charged with a specified
   50         felony; providing procedures for filling such vacancy
   51         or for reinstating a member under certain
   52         circumstances; providing a mechanism to allow a person
   53         convicted of a felony to be eligible for board
   54         membership; requiring the notice of a board meeting to
   55         specify all agenda items; requiring the board to place
   56         an item on the agenda if a specified number of voting
   57         interests petition the board; amending s. 719.108,
   58         F.S.; expanding costs that a unit owner is jointly and
   59         severally responsible for paying with the previous
   60         owner; providing that the term “previous owner” does
   61         not include certain associations; limiting the unit
   62         owner’s liability for specified costs to amounts
   63         accrued before the association acquired title to the
   64         delinquent property; creating s. 719.128, F.S.;
   65         providing emergency powers of a cooperative
   66         association; amending s. 720.3085, F.S.; expanding
   67         costs that a parcel owner is jointly and severally
   68         responsible for paying with the previous owner;
   69         limiting the parcel owner’s liability for specified
   70         costs to amounts accrued before the association
   71         acquired title to the delinquent property; creating s.
   72         720.316, F.S.; providing emergency powers of a
   73         homeowners’ association; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsection (1) of section 712.05, Florida
   78  Statutes, is amended to read:
   79         712.05 Effect of filing notice.—
   80         (1) A Any person claiming an interest in land or a
   81  homeowners’ association desiring to preserve a any covenant or
   82  restriction may preserve and protect the same from
   83  extinguishment by the operation of this act by filing for
   84  record, during the 30-year period immediately following the
   85  effective date of the root of title, a written notice, in
   86  writing, in accordance with this chapter. Such the provisions
   87  hereof, which notice preserves shall have the effect of so
   88  preserving such claim of right or such covenant or restriction
   89  or portion of such covenant or restriction for up to a period of
   90  not longer than 30 years after filing the notice same unless the
   91  notice is filed again filed as required in this chapter herein.
   92  A person’s No disability or lack of knowledge of any kind may
   93  not on the part of anyone shall delay the commencement of or
   94  suspend the running of the said 30-year period. Such notice may
   95  be filed for record by the claimant or by any other person
   96  acting on behalf of a any claimant who is:
   97         (a) Under a disability;,
   98         (b) Unable to assert a claim on his or her behalf;, or
   99         (c) One of a class, but whose identity cannot be
  100  established or is uncertain at the time of filing such notice of
  101  claim for record.
  102  
  103  Such notice may be filed by a homeowners’ association only if
  104  the preservation of such covenant or restriction or portion of
  105  such covenant or restriction is approved by at least two-thirds
  106  of the members of the board of directors of an incorporated
  107  homeowners’ association at a meeting for which a notice, stating
  108  the meeting’s time and place and containing the statement of
  109  marketable title action described in s. 712.06(1)(b), was mailed
  110  or hand delivered to members of the homeowners’ association at
  111  least not less than 7 days before prior to such meeting. The
  112  homeowners’ association or clerk of the circuit court is not
  113  required to provide notice other than as provided under s.
  114  712.06(3). The preceding sentence is intended to clarify
  115  existing law.
  116         Section 2. Subsection (13) of section 718.110, Florida
  117  Statutes, is amended to read:
  118         718.110 Amendment of declaration; correction of error or
  119  omission in declaration by circuit court.—
  120         (13) An amendment that prohibits prohibiting unit owners
  121  from renting their units or altering the duration of the rental
  122  term or that specifies or limits specifying or limiting the
  123  number of times unit owners are entitled to rent their units
  124  during a specified period does not apply applies only to unit
  125  owners who voted against consent to the amendment. However, such
  126  amendment applies to unit owners who consented to the amendment,
  127  who failed to cast a vote, or and unit owners who acquired
  128  acquire title to their units after the effective date of the
  129  that amendment.
  130         Section 3. Subsection (5) of section 718.111, Florida
  131  Statutes, is amended, and paragraph (f) is added to subsection
  132  (12) of that section, to read:
  133         718.111 The association.—
  134         (5)(a) RIGHT OF ACCESS TO UNITS.—The association has the
  135  irrevocable right of access to each unit during reasonable
  136  hours, when necessary for the maintenance, repair, or
  137  replacement of any common elements or of any portion of a unit
  138  to be maintained by the association pursuant to the declaration
  139  or as necessary to prevent damage to the common elements or to a
  140  unit or units.
  141         (b)1. Notwithstanding paragraph (a), and regardless of
  142  whether authority is provided in the declaration or other
  143  recorded governing documents, an association, at the sole
  144  discretion of the board, may enter an abandoned unit to inspect
  145  the unit and adjoining common elements; make repairs to the unit
  146  or to the common elements serving the unit, as needed; repair
  147  the unit if mold or deterioration is present; turn on the power
  148  for the unit; or otherwise maintain, preserve, or protect the
  149  unit and adjoining common elements. For purposes of this
  150  paragraph, a unit is presumed to be abandoned if:
  151         a. The unit is the subject of a foreclosure action and no
  152  tenant appears to have resided in the unit for at least 4
  153  continuous weeks without prior written notice to the
  154  association; or
  155         b. No tenant appears to have resided in the unit for 2
  156  consecutive months without prior written notice to the
  157  association, and the association is unable to contact the owner
  158  or determine the whereabouts of the owner after reasonable
  159  inquiry.
  160         2. Except in the case of an emergency, an association may
  161  not enter an abandoned unit until 48 hours after notice of the
  162  association’s intent to enter the unit has been delivered to the
  163  owner at the address of the owner as reflected in the records of
  164  the association.
  165         3. Any expense incurred by an association pursuant to this
  166  paragraph is chargeable to the unit owner and enforceable as an
  167  assessment pursuant to s. 718.116, and the association may use
  168  its lien authority provided under s. 718.116 to enforce
  169  collection of the expense.
  170         4. The association may petition a court of competent
  171  jurisdiction to appoint a receiver and may lease out an
  172  abandoned unit for the benefit of the association to offset
  173  against the rental income, the association’s costs and expenses
  174  of maintaining, preserving, and protecting the unit and the
  175  adjoining common elements, including the costs of the
  176  receivership and all unpaid assessments, interest,
  177  administrative late fees, costs, and reasonable attorney fees.
  178         (12) OFFICIAL RECORDS.—
  179         (f) An outgoing board or committee member must relinquish
  180  all official records and property of the association in his or
  181  her possession or under his or her control to the incoming board
  182  within 5 days after the election. An outgoing board or committee
  183  member who fails to relinquish such records and property is
  184  personally subject to a civil penalty pursuant to s.
  185  718.501(1)(d).
  186         Section 4. Paragraphs (b) and (c) of subsection (2) of
  187  section 718.112, Florida Statutes, are amended to read:
  188         718.112 Bylaws.—
  189         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  190  following and, if they do not do so, shall be deemed to include
  191  the following:
  192         (b) Quorum; voting requirements; proxies.—
  193         1. Unless a lower number is provided in the bylaws, the
  194  percentage of voting interests required to constitute a quorum
  195  at a meeting of the members is a majority of the voting
  196  interests. Unless otherwise provided in this chapter or in the
  197  declaration, articles of incorporation, or bylaws, and except as
  198  provided in subparagraph (d)4., decisions shall be made by a
  199  majority of the voting interests represented at a meeting at
  200  which a quorum is present.
  201         2. Except as specifically otherwise provided herein, unit
  202  owners may not vote by general proxy, but may vote by limited
  203  proxies substantially conforming to a limited proxy form adopted
  204  by the division. A voting interest or consent right allocated to
  205  a unit owned by the association may not be exercised or
  206  considered for any purpose, whether for a quorum, an election,
  207  or otherwise. Limited proxies and general proxies may be used to
  208  establish a quorum. Limited proxies shall be used for votes
  209  taken to waive or reduce reserves in accordance with
  210  subparagraph (f)2.; for votes taken to waive the financial
  211  reporting requirements of s. 718.111(13); for votes taken to
  212  amend the declaration pursuant to s. 718.110; for votes taken to
  213  amend the articles of incorporation or bylaws pursuant to this
  214  section; and for any other matter for which this chapter
  215  requires or permits a vote of the unit owners. Except as
  216  provided in paragraph (d), a proxy, limited or general, may not
  217  be used in the election of board members. General proxies may be
  218  used for other matters for which limited proxies are not
  219  required, and may be used in voting for nonsubstantive changes
  220  to items for which a limited proxy is required and given.
  221  Notwithstanding this subparagraph, unit owners may vote in
  222  person at unit owner meetings. This subparagraph does not limit
  223  the use of general proxies or require the use of limited proxies
  224  for any agenda item or election at any meeting of a timeshare
  225  condominium association.
  226         3. Any proxy given is effective only for the specific
  227  meeting for which originally given and any lawfully adjourned
  228  meetings thereof. A proxy is not valid longer than 90 days after
  229  the date of the first meeting for which it was given and may be
  230  revoked. Every proxy is revocable at any time at the pleasure of
  231  the unit owner executing it.
  232         4. A member of the board of administration or a committee
  233  may submit in writing his or her agreement or disagreement with
  234  any action taken at a meeting that the member did not attend.
  235  This agreement or disagreement may not be used as a vote for or
  236  against the action taken or to create a quorum.
  237         5. A If any of the board or committee member’s
  238  participation in a meeting via telephone, real-time
  239  videoconferencing, or similar real-time electronic or video
  240  communication counts toward a quorum, and such member may vote
  241  as if physically present members meet by telephone conference,
  242  those board or committee members may be counted toward obtaining
  243  a quorum and may vote by telephone. A telephone speaker must be
  244  used so that the conversation of such those members may be heard
  245  by the board or committee members attending in person as well as
  246  by any unit owners present at a meeting.
  247         (c) Board of administration meetings.—Meetings of the board
  248  of administration at which a quorum of the members is present
  249  are open to all unit owners. A member may use e-mail as a means
  250  of communication but may not cast a vote on an association
  251  matter via e-mail. A unit owner may tape record or videotape the
  252  meetings. The right to attend such meetings includes the right
  253  to speak at such meetings with reference to all designated
  254  agenda items. The division shall adopt reasonable rules
  255  governing the tape recording and videotaping of the meeting. The
  256  association may adopt written reasonable rules governing the
  257  frequency, duration, and manner of unit owner statements.
  258         1. Adequate notice of all board meetings, which must
  259  specifically identify all agenda items, must be posted
  260  conspicuously on the condominium property at least 48 continuous
  261  hours before the meeting except in an emergency. If 20 percent
  262  of the voting interests petition the board to address an item of
  263  business, the board, within 60 days after receipt of the
  264  petition, shall place the item on the agenda at its next regular
  265  board meeting or at a special meeting called for that purpose of
  266  the board, but not later than 60 days after the receipt of the
  267  petition, shall place the item on the agenda. An Any item not
  268  included on the notice may be taken up on an emergency basis by
  269  a vote of at least a majority plus one of the board members.
  270  Such emergency action must be noticed and ratified at the next
  271  regular board meeting. However, written notice of a any meeting
  272  at which a nonemergency special assessment assessments, or an at
  273  which amendment to rules regarding unit use, will be considered
  274  must be mailed, delivered, or electronically transmitted to the
  275  unit owners and posted conspicuously on the condominium property
  276  at least 14 days before the meeting. Evidence of compliance with
  277  this 14-day notice requirement must be made by an affidavit
  278  executed by the person providing the notice and filed with the
  279  official records of the association. Upon notice to the unit
  280  owners, the board shall, by duly adopted rule, designate a
  281  specific location on the condominium or association property
  282  where all notices of board meetings must are to be posted. If
  283  there is no condominium property or association property where
  284  notices can be posted, notices shall be mailed, delivered, or
  285  electronically transmitted to each unit owner at least 14 days
  286  before the meeting to the owner of each unit. In lieu of or in
  287  addition to the physical posting of the notice on the
  288  condominium property, the association may, by reasonable rule,
  289  adopt a procedure for conspicuously posting and repeatedly
  290  broadcasting the notice and the agenda on a closed-circuit cable
  291  television system serving the condominium association. However,
  292  if broadcast notice is used in lieu of a notice physically
  293  posted on condominium property, the notice and agenda must be
  294  broadcast at least four times every broadcast hour of each day
  295  that a posted notice is otherwise required under this section.
  296  If broadcast notice is provided, the notice and agenda must be
  297  broadcast in a manner and for a sufficient continuous length of
  298  time so as to allow an average reader to observe the notice and
  299  read and comprehend the entire content of the notice and the
  300  agenda. Notice of any meeting in which regular or special
  301  assessments against unit owners are to be considered for any
  302  reason must specifically state that assessments will be
  303  considered and provide the nature, estimated cost, and
  304  description of the purposes for such assessments.
  305         2. Meetings of a committee to take final action on behalf
  306  of the board or make recommendations to the board regarding the
  307  association budget are subject to this paragraph. Meetings of a
  308  committee that does not take final action on behalf of the board
  309  or make recommendations to the board regarding the association
  310  budget are subject to this section, unless those meetings are
  311  exempted from this section by the bylaws of the association.
  312         3. Notwithstanding any other law, the requirement that
  313  board meetings and committee meetings be open to the unit owners
  314  does not apply to:
  315         a. Meetings between the board or a committee and the
  316  association’s attorney, with respect to proposed or pending
  317  litigation, if the meeting is held for the purpose of seeking or
  318  rendering legal advice; or
  319         b. Board meetings held for the purpose of discussing
  320  personnel matters.
  321         Section 5. Paragraph (a) of subsection (1) of section
  322  718.116, Florida Statutes, is amended to read:
  323         718.116 Assessments; liability; lien and priority;
  324  interest; collection.—
  325         (1)(a) A unit owner, regardless of how his or her title has
  326  been acquired, including by purchase at a foreclosure sale or by
  327  deed in lieu of foreclosure, is liable for all assessments that
  328  which come due while he or she is the unit owner. Additionally,
  329  a unit owner is jointly and severally liable with the previous
  330  owner for all unpaid assessments that came due up to the time of
  331  transfer of title, as well as interest, late charges, and
  332  reasonable costs and attorney fees incurred by the association
  333  incident to the collection process. This liability is without
  334  prejudice to any right the owner may have to recover from the
  335  previous owner the amounts paid by the owner. For the purposes
  336  of this paragraph, the term “previous owner” does not include an
  337  association that acquires title to a delinquent property through
  338  foreclosure or by deed in lieu of foreclosure. The present unit
  339  owner’s liability for unpaid assessments, interest, late
  340  charges, and reasonable costs and attorney fees incurred by the
  341  association incident to the collection process is limited to the
  342  amounts that accrued before the association acquired title to
  343  the delinquent property through foreclosure or by deed in lieu
  344  of foreclosure.
  345         Section 6. Section 718.707, Florida Statutes, is amended to
  346  read:
  347         718.707 Time limitation for classification as bulk assignee
  348  or bulk buyer.—A person acquiring condominium parcels may not be
  349  classified as a bulk assignee or bulk buyer unless the
  350  condominium parcels were acquired on or after July 1, 2010, but
  351  before July 1, 2016 2015. The date of such acquisition shall be
  352  determined by the date of recording a deed or other instrument
  353  of conveyance for such parcels in the public records of the
  354  county in which the condominium is located, or by the date of
  355  issuing a certificate of title in a foreclosure proceeding with
  356  respect to such condominium parcels.
  357         Section 7. Paragraph (e) is added to subsection (2) of
  358  section 719.104, Florida Statutes, and subsection (4) of that
  359  section is amended, to read:
  360         719.104 Cooperatives; access to units; records; financial
  361  reports; assessments; purchase of leases.—
  362         (2) OFFICIAL RECORDS.—
  363         (e) An outgoing board or committee member must relinquish
  364  all official records and property of the association in his or
  365  her possession or under his or her control to the incoming board
  366  within 5 days after the election. The Division of Florida
  367  Condominiums, Timeshares, and Mobile Homes shall impose a civil
  368  penalty as set forth in s. 719.501(1)(d) against an outgoing
  369  board or committee member who willfully and knowingly fails to
  370  relinquish such records and property.
  371         (4) FINANCIAL REPORT.—
  372         (a) Within 90 60 days after following the end of the fiscal
  373  or calendar year or annually on such date as is otherwise
  374  provided in the bylaws of the association, the board of
  375  administration of the association shall prepare and complete, or
  376  contract with a third party to prepare and complete, a financial
  377  report covering the preceding fiscal or calendar year. Within 21
  378  days after the financial report is completed by the association
  379  or received from the third party, but no later than 120 days
  380  after the end of the fiscal year, calendar year, or other date
  381  provided in the bylaws, the association shall provide each
  382  member with a copy of the annual financial report or a written
  383  notice that a copy of the financial report is available upon
  384  request at no charge to the member. The division shall adopt
  385  rules setting forth uniform accounting principles, standards,
  386  and reporting requirements mail or furnish by personal delivery
  387  to each unit owner a complete financial report of actual
  388  receipts and expenditures for the previous 12 months, or a
  389  complete set of financial statements for the preceding fiscal
  390  year prepared in accordance with generally accepted accounting
  391  procedures. The report shall show the amounts of receipts by
  392  accounts and receipt classifications and shall show the amounts
  393  of expenses by accounts and expense classifications including,
  394  if applicable, but not limited to, the following:
  395         1. Costs for security;
  396         2. Professional and management fees and expenses;
  397         3. Taxes;
  398         4. Costs for recreation facilities;
  399         5. Expenses for refuse collection and utility services;
  400         6. Expenses for lawn care;
  401         7. Costs for building maintenance and repair;
  402         8. Insurance costs;
  403         9. Administrative and salary expenses; and
  404         10. Reserves for capital expenditures, deferred
  405  maintenance, and any other category for which the association
  406  maintains a reserve account or accounts.
  407         (b) Except as set forth in paragraph (c), an association
  408  whose total annual revenues meet the criteria of this paragraph
  409  shall prepare or cause to be prepared a complete set of
  410  financial statements according to the generally accepted
  411  accounting principles adopted by the Board of Accountancy. The
  412  financial statements shall be as follows:
  413         1. An association with total annual revenues of between
  414  $150,000 and $299,999 shall prepare a compiled financial
  415  statement.
  416         2. An association with total annual revenues of between
  417  $300,000 and $499,999 shall prepare a reviewed financial
  418  statement.
  419         3. An association with total annual revenues of $500,000 or
  420  more shall prepare an audited financial statement The division
  421  shall adopt rules that may require that the association deliver
  422  to the unit owners, in lieu of the financial report required by
  423  this section, a complete set of financial statements for the
  424  preceding fiscal year. The financial statements shall be
  425  delivered within 90 days following the end of the previous
  426  fiscal year or annually on such other date as provided in the
  427  bylaws. The rules of the division may require that the financial
  428  statements be compiled, reviewed, or audited, and the rules
  429  shall take into consideration the criteria set forth in s.
  430  719.501(1)(j).
  431         4. The requirement to have the financial statements
  432  compiled, reviewed, or audited does not apply to an association
  433  associations if a majority of the voting interests of the
  434  association present at a duly called meeting of the association
  435  have voted determined for a fiscal year to waive this
  436  requirement for the fiscal year. In an association in which
  437  turnover of control by the developer has not occurred, the
  438  developer may vote to waive the audit requirement for the first
  439  2 years of the operation of the association, after which time
  440  waiver of an applicable audit requirement shall be by a majority
  441  of voting interests other than the developer. The meeting shall
  442  be held before prior to the end of the fiscal year, and the
  443  waiver may shall be effective for only one fiscal year. An
  444  association may not waive the financial reporting requirements
  445  of this section for more than 3 consecutive years This
  446  subsection does not apply to a cooperative that consists of 50
  447  or fewer units.
  448         (c)1. An association with total annual revenues of less
  449  than $150,000 shall prepare a report of cash receipts and
  450  expenditures.
  451         2. An association in a community of fewer than 50 units,
  452  regardless of the association’s annual revenues, shall prepare a
  453  report of cash receipts and expenditures in lieu of the
  454  financial statements required in paragraph (b) unless the
  455  declaration or other recorded governing documents provide
  456  otherwise.
  457         3. A report of cash receipts and disbursements must
  458  disclose the amount of receipts by accounts and receipt
  459  classifications and the amount of expenses by accounts and
  460  expense classifications, including, as applicable, security,
  461  professional, and management fees and expenses; taxes; costs for
  462  recreation facilities; expenses for refuse collection and
  463  utility services; expenses for lawn care; costs of building
  464  maintenance and repair; insurance costs; administration and
  465  salary expenses; and reserves, if maintained by the association.
  466         (d) If at least 20 percent of the unit owners petition the
  467  board for a greater level of financial reporting than that
  468  required under this section, the association shall duly notice
  469  and hold a meeting of members within 30 days after receipt of
  470  the petition to vote on raising the level of reporting for that
  471  fiscal year. Upon approval of a majority of the voting interests
  472  represented at a meeting at which a quorum of unit owners is
  473  present, the association shall prepare an amended budget or
  474  shall adopt a special assessment to pay for the financial report
  475  regardless of any provision to the contrary in the declaration
  476  or other recorded governing documents. In addition, the
  477  association shall provide within 90 days of the meeting or the
  478  end of the fiscal year, whichever occurs later:
  479         1. Compiled, reviewed, or audited financial statements, if
  480  the association is otherwise required to prepare a report of
  481  cash receipts and expenditures;
  482         2. Reviewed or audited financial statements, if the
  483  association is otherwise required to prepare compiled financial
  484  statements; or
  485         3. Audited financial statements if the association is
  486  otherwise required to prepare reviewed financial statements.
  487         (e) If approved by a majority of the voting interests
  488  present at a properly called meeting of the association, an
  489  association may prepare or cause to be prepared:
  490         1. A report of cash receipts and expenditures in lieu of a
  491  compiled, reviewed, or audited financial statement;
  492         2. A report of cash receipts and expenditures or a compiled
  493  financial statement in lieu of a reviewed or audited financial
  494  statement; or
  495         3. A report of cash receipts and expenditures, a compiled
  496  financial statement, or a reviewed financial statement in lieu
  497  of an audited financial statement.
  498         Section 8. Paragraphs (a), (c), and (d) of subsection (1)
  499  of section 719.106, Florida Statutes, are amended to read:
  500         719.106 Bylaws; cooperative ownership.—
  501         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  502  documents shall provide for the following, and if they do not,
  503  they shall be deemed to include the following:
  504         (a) Administration.—
  505         1. The form of administration of the association shall be
  506  described, indicating the titles of the officers and board of
  507  administration and specifying the powers, duties, manner of
  508  selection and removal, and compensation, if any, of officers and
  509  board members. In the absence of such a provision, the board of
  510  administration shall be composed of five members, except that in
  511  the case of cooperatives having five or fewer units, in which
  512  case in not-for-profit corporations, the board shall consist of
  513  at least not fewer than three members. In the absence of
  514  provisions to the contrary, the board of administration shall
  515  have a president, a secretary, and a treasurer, who shall
  516  perform the duties of those offices customarily performed by
  517  officers of corporations. Unless prohibited in the bylaws, the
  518  board of administration may appoint other officers and grant
  519  them those duties it deems appropriate. Unless otherwise
  520  provided in the bylaws, the officers shall serve without
  521  compensation and at the pleasure of the board. Unless otherwise
  522  provided in the bylaws, the members of the board shall serve
  523  without compensation.
  524         2. A person who has been suspended or removed by the
  525  division under this chapter, or who is delinquent in the payment
  526  of any monetary obligation due the association, is not eligible
  527  to be a candidate for board membership and may not be listed on
  528  the ballot. A director or officer charged by information or
  529  indictment with a felony theft or embezzlement offense involving
  530  the association’s funds or property is suspended from office.
  531  The board shall fill the vacancy according to general law until
  532  the end of the period of the suspension or the end of the
  533  director’s term of office, whichever occurs first. However, if
  534  the charges are resolved without a finding of guilt or without
  535  acceptance of a plea of guilty or nolo contendere, the director
  536  or officer shall be reinstated for any remainder of his or her
  537  term of office. A member who has such criminal charges pending
  538  may not be appointed or elected to a position as a director or
  539  officer. A person who has been convicted of any felony in this
  540  state or in a United States District or Territorial Court, or
  541  who has been convicted of any offense in another jurisdiction
  542  which would be considered a felony if committed in this state,
  543  is not eligible for board membership unless such felon’s civil
  544  rights have been restored for at least 5 years as of the date
  545  such person seeks election to the board. The validity of an
  546  action by the board is not affected if it is later determined
  547  that a board member is ineligible for board membership due to
  548  having been convicted of a felony.
  549         3.2. When a unit owner files a written inquiry by certified
  550  mail with the board of administration, the board shall respond
  551  in writing to the unit owner within 30 days of receipt of the
  552  inquiry. The board’s response shall either give a substantive
  553  response to the inquirer, notify the inquirer that a legal
  554  opinion has been requested, or notify the inquirer that advice
  555  has been requested from the division. If the board requests
  556  advice from the division, the board shall, within 10 days after
  557  of its receipt of the advice, provide in writing a substantive
  558  response to the inquirer. If a legal opinion is requested, the
  559  board shall, within 60 days after the receipt of the inquiry,
  560  provide in writing a substantive response to the inquirer. The
  561  failure to provide a substantive response to the inquirer as
  562  provided herein precludes the board from recovering attorney
  563  attorney’s fees and costs in any subsequent litigation,
  564  administrative proceeding, or arbitration arising out of the
  565  inquiry. The association may, through its board of
  566  administration, adopt reasonable rules and regulations regarding
  567  the frequency and manner of responding to the unit owners’
  568  inquiries, one of which may be that the association is obligated
  569  to respond to only one written inquiry per unit in any given 30
  570  day period. In such case, any additional inquiry or inquiries
  571  must be responded to in the subsequent 30-day period, or
  572  periods, as applicable.
  573         (c) Board of administration meetings.—Meetings of the board
  574  of administration at which a quorum of the members is present
  575  must shall be open to all unit owners. Any unit owner may tape
  576  record or videotape meetings of the board of administration. The
  577  right to attend such meetings includes the right to speak at
  578  such meetings with reference to all designated agenda items. The
  579  division shall adopt reasonable rules governing the tape
  580  recording and videotaping of the meeting. The association may
  581  adopt reasonable written rules governing the frequency,
  582  duration, and manner of unit owner statements. Adequate notice
  583  of all board meetings, which notice must specifically identify
  584  all agenda items, shall be posted in a conspicuous place upon
  585  the cooperative property at least 48 continuous hours preceding
  586  the meeting, except in an emergency. If 20 percent of the voting
  587  interests petition the board to address an item of business, the
  588  board shall place the item on the agenda at its next regular
  589  board meeting or at a special meeting of the board, but no later
  590  than 60 days after the petition is received. Any item not
  591  included on the notice may be taken up on an emergency basis by
  592  at least a majority plus one of the members of the board. Such
  593  emergency action shall be noticed and ratified at the next
  594  regular meeting of the board. However, written notice of any
  595  meeting at which nonemergency special assessments, or at which
  596  amendment to rules regarding unit use, will be considered shall
  597  be mailed, delivered, or electronically transmitted to the unit
  598  owners and posted conspicuously on the cooperative property at
  599  least not less than 14 days before the meeting. Evidence of
  600  compliance with this 14-day notice shall be made by an affidavit
  601  executed by the person providing the notice and filed among the
  602  official records of the association. Upon notice to the unit
  603  owners, the board shall by duly adopted rule designate a
  604  specific location on the cooperative property upon which all
  605  notices of board meetings shall be posted. In lieu of or in
  606  addition to the physical posting of notice of any meeting of the
  607  board of administration on the cooperative property, the
  608  association may, by reasonable rule, adopt a procedure for
  609  conspicuously posting and repeatedly broadcasting the notice and
  610  the agenda on a closed-circuit cable television system serving
  611  the cooperative association. However, if broadcast notice is
  612  used in lieu of a notice posted physically on the cooperative
  613  property, the notice and agenda must be broadcast at least four
  614  times every broadcast hour of each day that a posted notice is
  615  otherwise required under this section. When broadcast notice is
  616  provided, the notice and agenda must be broadcast in a manner
  617  and for a sufficient continuous length of time so as to allow an
  618  average reader to observe the notice and read and comprehend the
  619  entire content of the notice and the agenda. Notice of any
  620  meeting in which regular assessments against unit owners are to
  621  be considered for any reason shall specifically contain a
  622  statement that assessments will be considered and the nature of
  623  any such assessments. Meetings of a committee to take final
  624  action on behalf of the board or to make recommendations to the
  625  board regarding the association budget are subject to the
  626  provisions of this paragraph. Meetings of a committee that does
  627  not take final action on behalf of the board or make
  628  recommendations to the board regarding the association budget
  629  are subject to the provisions of this section, unless those
  630  meetings are exempted from this section by the bylaws of the
  631  association. Notwithstanding any other law to the contrary, the
  632  requirement that board meetings and committee meetings be open
  633  to the unit owners does not apply to board or committee meetings
  634  held for the purpose of discussing personnel matters or meetings
  635  between the board or a committee and the association’s attorney,
  636  with respect to proposed or pending litigation, if the meeting
  637  is held for the purpose of seeking or rendering legal advice.
  638         (d) Shareholder meetings.—There shall be an annual meeting
  639  of the shareholders. All members of the board of administration
  640  shall be elected at the annual meeting unless the bylaws provide
  641  for staggered election terms or for their election at another
  642  meeting. Any unit owner desiring to be a candidate for board
  643  membership must comply with subparagraph 1. The bylaws must
  644  provide the method for calling meetings, including annual
  645  meetings. Written notice, which must incorporate an
  646  identification of agenda items, shall be given to each unit
  647  owner at least 14 days before the annual meeting and posted in a
  648  conspicuous place on the cooperative property at least 14
  649  continuous days preceding the annual meeting. Upon notice to the
  650  unit owners, the board must by duly adopted rule designate a
  651  specific location on the cooperative property upon which all
  652  notice of unit owner meetings are posted. In lieu of or in
  653  addition to the physical posting of the meeting notice, the
  654  association may, by reasonable rule, adopt a procedure for
  655  conspicuously posting and repeatedly broadcasting the notice and
  656  the agenda on a closed-circuit cable television system serving
  657  the cooperative association. However, if broadcast notice is
  658  used in lieu of a posted notice, the notice and agenda must be
  659  broadcast at least four times every broadcast hour of each day
  660  that a posted notice is otherwise required under this section.
  661  If broadcast notice is provided, the notice and agenda must be
  662  broadcast in a manner and for a sufficient continuous length of
  663  time to allow an average reader to observe the notice and read
  664  and comprehend the entire content of the notice and the agenda.
  665  Unless a unit owner waives in writing the right to receive
  666  notice of the annual meeting, the notice of the annual meeting
  667  must be sent by mail, hand delivered, or electronically
  668  transmitted to each unit owner. An officer of the association
  669  must provide an affidavit or United States Postal Service
  670  certificate of mailing, to be included in the official records
  671  of the association, affirming that notices of the association
  672  meeting were mailed, hand delivered, or electronically
  673  transmitted, in accordance with this provision, to each unit
  674  owner at the address last furnished to the association.
  675         1. The board of administration shall be elected by written
  676  ballot or voting machine. A proxy may not be used in electing
  677  the board of administration in general elections or elections to
  678  fill vacancies caused by recall, resignation, or otherwise
  679  unless otherwise provided in this chapter.
  680         a. At least 60 days before a scheduled election, the
  681  association shall mail, deliver, or transmit, whether by
  682  separate association mailing, delivery, or electronic
  683  transmission or included in another association mailing,
  684  delivery, or electronic transmission, including regularly
  685  published newsletters, to each unit owner entitled to vote, a
  686  first notice of the date of the election. Any unit owner or
  687  other eligible person desiring to be a candidate for the board
  688  of administration must give written notice to the association at
  689  least 40 days before a scheduled election. Together with the
  690  written notice and agenda as set forth in this section, the
  691  association shall mail, deliver, or electronically transmit a
  692  second notice of election to all unit owners entitled to vote,
  693  together with a ballot that lists all candidates. Upon request
  694  of a candidate, the association shall include an information
  695  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  696  furnished by the candidate at least 35 days before the election,
  697  to be included with the mailing, delivery, or electronic
  698  transmission of the ballot, with the costs of mailing, delivery,
  699  or transmission and copying to be borne by the association. The
  700  association is not liable for the contents of the information
  701  sheets provided by the candidates. In order to reduce costs, the
  702  association may print or duplicate the information sheets on
  703  both sides of the paper. The division shall by rule establish
  704  voting procedures consistent with this subparagraph, including
  705  rules establishing procedures for giving notice by electronic
  706  transmission and rules providing for the secrecy of ballots.
  707  Elections shall be decided by a plurality of those ballots cast.
  708  There is no quorum requirement. However, at least 20 percent of
  709  the eligible voters must cast a ballot in order to have a valid
  710  election. A unit owner may not permit any other person to vote
  711  his or her ballot, and any such ballots improperly cast are
  712  invalid. A unit owner who needs assistance in casting the ballot
  713  for the reasons stated in s. 101.051 may obtain assistance in
  714  casting the ballot. Any unit owner violating this provision may
  715  be fined by the association in accordance with s. 719.303. The
  716  regular election must occur on the date of the annual meeting.
  717  This subparagraph does not apply to timeshare cooperatives.
  718  Notwithstanding this subparagraph, an election and balloting are
  719  not required unless more candidates file a notice of intent to
  720  run or are nominated than vacancies exist on the board. Any
  721  challenge to the election process must be commenced within 60
  722  days after the election results are announced.
  723         b. Within 90 days after being elected or appointed to the
  724  board, each new director shall certify in writing to the
  725  secretary of the association that he or she has read the
  726  association’s bylaws, articles of incorporation, proprietary
  727  lease, and current written policies; that he or she will work to
  728  uphold such documents and policies to the best of his or her
  729  ability; and that he or she will faithfully discharge his or her
  730  fiduciary responsibility to the association’s members. Within 90
  731  days after being elected or appointed to the board, in lieu of
  732  this written certification, the newly elected or appointed
  733  director may submit a certificate of having satisfactorily
  734  completed the educational curriculum administered by an
  735  education provider as approved by the division pursuant to the
  736  requirements established in chapter 718 within 1 year before or
  737  90 days after the date of election or appointment. The
  738  educational certificate is valid and does not have to be
  739  resubmitted as long as the director serves on the board without
  740  interruption. A director who fails to timely file the written
  741  certification or educational certificate is suspended from
  742  service on the board until he or she complies with this sub
  743  subparagraph. The board may temporarily fill the vacancy during
  744  the period of suspension. The secretary of the association shall
  745  cause the association to retain a director’s written
  746  certification or educational certificate for inspection by the
  747  members for 5 years after a director’s election or the duration
  748  of the director’s uninterrupted tenure, whichever is longer.
  749  Failure to have such written certification or educational
  750  certificate on file does not affect the validity of any board
  751  action.
  752         2. Any approval by unit owners called for by this chapter,
  753  or the applicable cooperative documents, must be made at a duly
  754  noticed meeting of unit owners and is subject to this chapter or
  755  the applicable cooperative documents relating to unit owner
  756  decisionmaking, except that unit owners may take action by
  757  written agreement, without meetings, on matters for which action
  758  by written agreement without meetings is expressly allowed by
  759  the applicable cooperative documents or law that which provides
  760  for the unit owner action.
  761         3. Unit owners may waive notice of specific meetings if
  762  allowed by the applicable cooperative documents or law. If
  763  authorized by the bylaws, notice of meetings of the board of
  764  administration, shareholder meetings, except shareholder
  765  meetings called to recall board members under paragraph (f), and
  766  committee meetings may be given by electronic transmission to
  767  unit owners who consent to receive notice by electronic
  768  transmission.
  769         4. Unit owners have the right to participate in meetings of
  770  unit owners with reference to all designated agenda items.
  771  However, the association may adopt reasonable rules governing
  772  the frequency, duration, and manner of unit owner participation.
  773         5. Any unit owner may tape record or videotape meetings of
  774  the unit owners subject to reasonable rules adopted by the
  775  division.
  776         6. Unless otherwise provided in the bylaws, a vacancy
  777  occurring on the board before the expiration of a term may be
  778  filled by the affirmative vote of the majority of the remaining
  779  directors, even if the remaining directors constitute less than
  780  a quorum, or by the sole remaining director. In the alternative,
  781  a board may hold an election to fill the vacancy, in which case
  782  the election procedures must conform to the requirements of
  783  subparagraph 1. unless the association has opted out of the
  784  statutory election process, in which case the bylaws of the
  785  association control. Unless otherwise provided in the bylaws,
  786  the term of a board member appointed or elected under this
  787  subparagraph expires at the next annual meeting at which
  788  directors are elected shall fill the vacancy for the unexpired
  789  term of the seat being filled. Filling vacancies created by
  790  recall is governed by paragraph (f) and rules adopted by the
  791  division.
  792  
  793  Notwithstanding subparagraphs (b)2. and (d)1., an association
  794  may, by the affirmative vote of a majority of the total voting
  795  interests, provide for a different voting and election procedure
  796  in its bylaws, which vote may be by a proxy specifically
  797  delineating the different voting and election procedures. The
  798  different voting and election procedures may provide for
  799  elections to be conducted by limited or general proxy.
  800         Section 9. Subsections (1), (3), (4), and (9) of section
  801  719.108, Florida Statutes, are amended to read:
  802         719.108 Rents and assessments; liability; lien and
  803  priority; interest; collection; cooperative ownership.—
  804         (1) A unit owner, regardless of how his or her title has
  805  been is acquired, including by purchase, without limitation, a
  806  purchaser at a foreclosure judicial sale or by deed in lieu of
  807  foreclosure, is shall be liable for all rents and assessments
  808  that come coming due while he or she is the unit owner is in
  809  exclusive possession of a unit. Additionally, a In a voluntary
  810  transfer, the unit owner is in exclusive possession shall be
  811  jointly and severally liable with the previous unit owner for
  812  all unpaid rents and assessments that came due against the
  813  previous unit owner for his or her share of the common expenses
  814  up to the time of the transfer, as well as interest, late
  815  charges, and reasonable costs and attorney fees incurred by the
  816  association incident to the collection process. This liability
  817  is without prejudice to any right the rights of the unit owner
  818  may have in exclusive possession to recover from the previous
  819  unit owner the amounts paid by the unit owner in exclusive
  820  possession therefor. For purposes of this subsection, the term
  821  “previous owner” does not include an association that acquires
  822  title to a delinquent property through foreclosure or by deed in
  823  lieu of foreclosure. The present unit owner’s liability for
  824  unpaid assessments, interest, late charges, and reasonable costs
  825  and attorney fees incurred by the association incident to the
  826  collection process is limited to those amounts that accrued
  827  before the association acquired title to the delinquent property
  828  through foreclosure or by deed in lieu of foreclosure.
  829         (3) Rents and assessments, and installments on them, not
  830  paid when due bear interest at the rate provided in the
  831  cooperative documents from the date due until paid. This rate
  832  may not exceed the rate allowed by law and, if a rate is not
  833  provided in the cooperative documents, accrues at 18 percent per
  834  annum. If the cooperative documents or bylaws so provide, the
  835  association may charge an administrative late fee in addition to
  836  such interest, not to exceed the greater of $25 or 5 percent of
  837  each installment of the assessment for each delinquent
  838  installment that the payment is late. Any payment received by an
  839  association must be applied first to any interest accrued by the
  840  association, then to any administrative late fee, then to any
  841  costs and reasonable costs and attorney attorney’s fees incurred
  842  in collection, and then to the delinquent assessment. The
  843  foregoing applies notwithstanding any restrictive endorsement,
  844  designation, or instruction placed on or accompanying a payment.
  845  A late fee is not subject to chapter 687 or s. 719.303(4).
  846         (4) The association has a lien on each cooperative parcel
  847  for any unpaid rents and assessments, plus interest, and any
  848  authorized administrative late fees. If authorized by the
  849  cooperative documents, the lien also secures reasonable costs
  850  and attorney attorney’s fees incurred by the association
  851  incident to the collection of the rents and assessments or
  852  enforcement of such lien. The lien is effective from and after
  853  recording a claim of lien in the public records in the county in
  854  which the cooperative parcel is located which states the
  855  description of the cooperative parcel, the name of the unit
  856  owner, the amount due, and the due dates. The lien expires if a
  857  claim of lien is not filed within 1 year after the date the
  858  assessment was due, and the lien does not continue for longer
  859  than 1 year after the claim of lien has been recorded unless,
  860  within that time, an action to enforce the lien is commenced.
  861  Except as otherwise provided in this chapter, a lien may not be
  862  filed by the association against a cooperative parcel until 30
  863  days after the date on which a notice of intent to file a lien
  864  has been delivered to the owner.
  865         (a) The notice must be sent to the unit owner at the
  866  address of the unit by first-class United States mail and:
  867         1. If the most recent address of the unit owner on the
  868  records of the association is the address of the unit, the
  869  notice must be sent by registered or certified mail, return
  870  receipt requested, to the unit owner at the address of the unit.
  871         2. If the most recent address of the unit owner on the
  872  records of the association is in the United States, but is not
  873  the address of the unit, the notice must be sent by registered
  874  or certified mail, return receipt requested, to the unit owner
  875  at his or her most recent address.
  876         3. If the most recent address of the unit owner on the
  877  records of the association is not in the United States, the
  878  notice must be sent by first-class United States mail to the
  879  unit owner at his or her most recent address.
  880         (b) A notice that is sent pursuant to this subsection is
  881  deemed delivered upon mailing.
  882         (9) The specific purposes of any special assessment,
  883  including any contingent special assessment levied in
  884  conjunction with the purchase of an insurance policy authorized
  885  by s. 719.104(3), approved in accordance with the cooperative
  886  documents shall be set forth in a written notice of such
  887  assessment sent or delivered to each unit owner. The funds
  888  collected pursuant to a special assessment may shall be used
  889  only for the specific purpose or purposes set forth in such
  890  notice or returned to the unit owners. However, upon completion
  891  of such specific purposes, any excess funds shall be considered
  892  common surplus and may, at the discretion of the board, either
  893  be returned to the unit owners or applied as a credit toward
  894  future assessments.
  895         Section 10. Section 719.128, Florida Statutes, is created
  896  to read:
  897         719.128 Association emergency powers.—
  898         (1) To the extent allowed by law, unless specifically
  899  prohibited by the cooperative documents, and consistent with s.
  900  617.0830, the board of administration, in response to damage
  901  caused by an event for which a state of emergency is declared
  902  pursuant to s. 252.36 in a location in which the cooperative is
  903  located, may exercise the following powers:
  904         (a) Conduct board or membership meetings with notice of the
  905  meetings and board decisions provided as is practicable,
  906  including via publication, radio, United States mail, the
  907  Internet, public service announcements, conspicuous posting on
  908  the cooperative property, or any other means the board deems
  909  appropriate under the circumstances.
  910         (b) Cancel and reschedule an association meeting.
  911         (c) Name assistant officers who are not directors. An
  912  assistant officer has the same authority during the state of
  913  emergency as the executive officer he or she assists if that
  914  executive officer is incapacitated or unavailable.
  915         (d) Relocate the association’s principal office or
  916  designate an alternative principal office.
  917         (e) Enter into agreements with counties and municipalities
  918  to assist counties and municipalities with debris removal.
  919         (f) Implement a disaster plan before or immediately
  920  following the event for which a state of emergency is declared
  921  which may include, but is not limited to, shutting off
  922  elevators; electricity; water, sewer, or security systems; or
  923  air conditioners.
  924         (g) Based upon the advice of emergency management officials
  925  or upon the advice of licensed professionals retained by the
  926  board, determine any portion of the cooperative property
  927  unavailable for entry or occupancy by unit owners or their
  928  family members, tenants, guests, agents, or invitees to protect
  929  their health, safety, or welfare.
  930         (h) Based upon the advice of emergency management officials
  931  or upon the advice of licensed professionals retained by the
  932  board, determine whether the cooperative property can be safely
  933  inhabited or occupied. However, such determination is not
  934  conclusive as to any determination of habitability pursuant to
  935  the declaration.
  936         (i) Require the evacuation of the cooperative property in
  937  the event of a mandatory evacuation order in the location in
  938  which the cooperative is located. If a unit owner or other
  939  occupant of a cooperative fails to evacuate the cooperative
  940  property for which the board has required evacuation, the
  941  association is immune from liability for injury to persons or
  942  property arising from such failure.
  943         (j) Mitigate further damage, including taking action to
  944  contract for the removal of debris and to prevent or mitigate
  945  the spread of fungus, including, but not limited to, mold or
  946  mildew, by removing and disposing of wet drywall, insulation,
  947  carpet, cabinetry, or other fixtures on or within the
  948  cooperative property, regardless of whether the unit owner is
  949  obligated by the declaration or law to insure or replace those
  950  fixtures and to remove personal property from a unit.
  951         (k) Contract, on behalf of a unit owner, for items or
  952  services for which the owner is otherwise individually
  953  responsible, but which are necessary to prevent further damage
  954  to the cooperative property. In such event, the unit owner on
  955  whose behalf the board has contracted is responsible for
  956  reimbursing the association for the actual costs of the items or
  957  services, and the association may use its lien authority
  958  provided by s. 719.108 to enforce collection of the charges.
  959  Without limitation, such items or services may include the
  960  drying of units, the boarding of broken windows or doors, and
  961  the replacement of damaged air conditioners or air handlers to
  962  provide climate control in the units or other portions of the
  963  property.
  964         (l) Notwithstanding a provision to the contrary, and
  965  regardless of whether such authority does not specifically
  966  appear in the cooperative documents, levy special assessments
  967  without a vote of the owners.
  968         (m) Without unit owners’ approval, borrow money and pledge
  969  association assets as collateral to fund emergency repairs and
  970  carry out the duties of the association if operating funds are
  971  insufficient. This paragraph does not limit the general
  972  authority of the association to borrow money, subject to such
  973  restrictions contained in the cooperative documents.
  974         (2) The authority granted under subsection (1) is limited
  975  to that time reasonably necessary to protect the health, safety,
  976  and welfare of the association and the unit owners and their
  977  family members, tenants, guests, agents, or invitees, and to
  978  mitigate further damage and make emergency repairs.
  979         Section 11. Paragraphs (a) and (b) of subsection (2) of
  980  section 720.3085, Florida Statutes, are amended to read:
  981         720.3085 Payment for assessments; lien claims.—
  982         (2)(a) A parcel owner is liable for all assessments that
  983  come due while the parcel owner owns the parcel, regardless of
  984  how the parcel owner acquired his or her title to the property
  985  has been acquired, including by purchase at a foreclosure sale
  986  or by deed in lieu of foreclosure, is liable for all assessments
  987  that come due while he or she is the parcel owner. The parcel
  988  owner’s liability for assessments may not be avoided by waiver
  989  or suspension of the use or enjoyment of any common area or by
  990  abandonment of the parcel upon which the assessments are made.
  991         (b) A parcel owner is jointly and severally liable with the
  992  previous parcel owner for all unpaid assessments that came due
  993  up to the time of transfer of title, as well as interest, late
  994  charges, and reasonable costs and attorney fees incurred by the
  995  association incident to the collection process. This liability
  996  is without prejudice to any right the present parcel owner may
  997  have to recover any amounts paid by the present owner from the
  998  previous owner. For the purposes of this paragraph, the term
  999  “previous owner” does shall not include an association that
 1000  acquires title to a delinquent property through foreclosure or
 1001  by deed in lieu of foreclosure. The present parcel owner’s
 1002  liability for unpaid assessments, interest, late charges, and
 1003  reasonable costs and attorney fees incurred by the association
 1004  incident to the collection process is limited to the amounts any
 1005  unpaid assessments that accrued before the association acquired
 1006  title to the delinquent property through foreclosure or by deed
 1007  in lieu of foreclosure.
 1008         Section 12. Section 720.316, Florida Statutes, is created
 1009  to read:
 1010         720.316 Association emergency powers.—
 1011         (1) To the extent allowed by law, unless specifically
 1012  prohibited by the governing documents, and consistent with s.
 1013  617.0830, the board of directors, in response to damage caused
 1014  by an event for which a state of emergency is declared pursuant
 1015  to s. 252.36 in a location in which the association is located,
 1016  may exercise the following powers:
 1017         (a) Conduct board or membership meetings with notice of the
 1018  meetings and board decisions provided as is practicable,
 1019  including via publication, radio, United States mail, the
 1020  Internet, public service announcements, conspicuous posting on
 1021  the association property, or any other means the board deems
 1022  appropriate under the circumstances.
 1023         (b) Cancel and reschedule an association meeting.
 1024         (c) Name assistant officers who are not directors. An
 1025  assistant officer has the same authority during the state of
 1026  emergency as the executive officer he or she assists if that
 1027  executive officer is incapacitated or unavailable.
 1028         (d) Relocate the association’s principal office or
 1029  designate an alternative principal office.
 1030         (e) Enter into agreements with counties and municipalities
 1031  to assist counties and municipalities with debris removal.
 1032         (f) Implement a disaster plan before or immediately
 1033  following the event for which a state of emergency is declared
 1034  which may include, but is not limited to, shutting off
 1035  elevators; electricity; water, sewer, or security systems; or
 1036  air conditioners for association buildings.
 1037         (g) Based upon the advice of emergency management officials
 1038  or upon the advice of licensed professionals retained by the
 1039  board, determine any portion of the association property
 1040  unavailable for entry or occupancy by owners or their family
 1041  members, tenants, guests, agents, or invitees to protect their
 1042  health, safety, or welfare.
 1043         (h) Based upon the advice of emergency management officials
 1044  or upon the advice of licensed professionals retained by the
 1045  board, determine whether the association property can be safely
 1046  inhabited or occupied. However, such determination is not
 1047  conclusive as to any determination of habitability pursuant to
 1048  the declaration.
 1049         (i) Mitigate further damage, including taking action to
 1050  contract for the removal of debris and to prevent or mitigate
 1051  the spread of fungus, including, but not limited to, mold or
 1052  mildew, by removing and disposing of wet drywall, insulation,
 1053  carpet, cabinetry, or other fixtures on or within the
 1054  association property.
 1055         (j) Notwithstanding a provision to the contrary, and
 1056  regardless of whether such authority does not specifically
 1057  appear in the governing documents, levy special assessments
 1058  without a vote of the owners.
 1059         (k) Without owners’ approval, borrow money and pledge
 1060  association assets as collateral to fund emergency repairs and
 1061  carry out the duties of the association if operating funds are
 1062  insufficient. This paragraph does not limit the general
 1063  authority of the association to borrow money, subject to such
 1064  restrictions contained in the governing documents.
 1065         (2) The authority granted under subsection (1) is limited
 1066  to that time reasonably necessary to protect the health, safety,
 1067  and welfare of the association and the parcel owners and their
 1068  family members, tenants, guests, agents, or invitees, and to
 1069  mitigate further damage and make emergency repairs.
 1070         Section 13. This act shall take effect July 1, 2014.