Florida Senate - 2016                             CS for SB 1292
       
       
        
       By the Committee on Regulated Industries; and Senator Ring
       
       580-02948-16                                          20161292c1
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending
    3         ss. 718.111, 719.104, and 720.303, F.S.; deleting a
    4         provision authorizing certain associations to prepare
    5         a report of cash receipts and expenditures in lieu of
    6         specified financial statements; requiring certain
    7         condominium, cooperative, and homeowners’ associations
    8         to provide financial reports to the Division of
    9         Florida Condominiums, Timeshares, and Mobile Homes
   10         under certain circumstances; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (b) of subsection (13) of section
   16  718.111, Florida Statutes, is amended, and paragraph (e) is
   17  added to that subsection to read:
   18         718.111 The association.—
   19         (13) FINANCIAL REPORTING.—Within 90 days after the end of
   20  the fiscal year, or annually on a date provided in the bylaws,
   21  the association shall prepare and complete, or contract for the
   22  preparation and completion of, a financial report for the
   23  preceding fiscal year. Within 21 days after the final financial
   24  report is completed by the association or received from the
   25  third party, but not later than 120 days after the end of the
   26  fiscal year or other date as provided in the bylaws, the
   27  association shall mail to each unit owner at the address last
   28  furnished to the association by the unit owner, or hand deliver
   29  to each unit owner, a copy of the financial report or a notice
   30  that a copy of the financial report will be mailed or hand
   31  delivered to the unit owner, without charge, upon receipt of a
   32  written request from the unit owner. The division shall adopt
   33  rules setting forth uniform accounting principles and standards
   34  to be used by all associations and addressing the financial
   35  reporting requirements for multicondominium associations. The
   36  rules must include, but not be limited to, standards for
   37  presenting a summary of association reserves, including a good
   38  faith estimate disclosing the annual amount of reserve funds
   39  that would be necessary for the association to fully fund
   40  reserves for each reserve item based on the straight-line
   41  accounting method. This disclosure is not applicable to reserves
   42  funded via the pooling method. In adopting such rules, the
   43  division shall consider the number of members and annual
   44  revenues of an association. Financial reports shall be prepared
   45  as follows:
   46         (b)1. An association with total annual revenues of less
   47  than $150,000 shall prepare a report of cash receipts and
   48  expenditures.
   49         2. An association that operates fewer than 50 units,
   50  regardless of the association’s annual revenues, shall prepare a
   51  report of cash receipts and expenditures in lieu of financial
   52  statements required by paragraph (a).
   53         2.3. A report of cash receipts and disbursements must
   54  disclose the amount of receipts by accounts and receipt
   55  classifications and the amount of expenses by accounts and
   56  expense classifications, including, but not limited to, the
   57  following, as applicable: costs for security, professional and
   58  management fees and expenses, taxes, costs for recreation
   59  facilities, expenses for refuse collection and utility services,
   60  expenses for lawn care, costs for building maintenance and
   61  repair, insurance costs, administration and salary expenses, and
   62  reserves accumulated and expended for capital expenditures,
   63  deferred maintenance, and any other category for which the
   64  association maintains reserves.
   65         (e) If an association has not provided the unit owner with
   66  a copy of the financial report within the time required pursuant
   67  to this section, after receipt of a written request from the
   68  unit owner, the unit owner may notify the division of the
   69  association’s failure to provide the financial report. The
   70  division shall contact the association to request the
   71  association to provide the copy of the financial report to the
   72  unit owner within 5 working days after notification to the
   73  division by the unit owner. If the association further fails to
   74  provide the copy of the financial report, the association shall
   75  be required to provide a copy of the financial report to the
   76  division within 7 working days after such notification.
   77  Additionally, the association shall provide a copy of the
   78  financial report to the division for the 2 subsequent fiscal
   79  years within 21 days after the final financial report is
   80  completed by the association or received from the third party
   81  and shall notify the unit owners that the financial report has
   82  been filed with the division. The division shall maintain the
   83  financial reports and provide a copy of the financial reports to
   84  members of the public upon request.
   85         Section 2. Paragraph (c) of subsection (4) of section
   86  719.104, Florida Statutes, is amended, and paragraph (f) is
   87  added to that subsection to read:
   88         719.104 Cooperatives; access to units; records; financial
   89  reports; assessments; purchase of leases.—
   90         (4) FINANCIAL REPORT.—
   91         (c)1. An association with total annual revenues of less
   92  than $150,000 shall prepare a report of cash receipts and
   93  expenditures.
   94         2. An association in a community of fewer than 50 units,
   95  regardless of the association’s annual revenues, shall prepare a
   96  report of cash receipts and expenditures in lieu of the
   97  financial statements required by paragraph (b), unless the
   98  declaration or other recorded governing documents provide
   99  otherwise.
  100         2.3. A report of cash receipts and expenditures must
  101  disclose the amount of receipts by accounts and receipt
  102  classifications and the amount of expenses by accounts and
  103  expense classifications, including the following, as applicable:
  104  costs for security, professional, and management fees and
  105  expenses; taxes; costs for recreation facilities; expenses for
  106  refuse collection and utility services; expenses for lawn care;
  107  costs for building maintenance and repair; insurance costs;
  108  administration and salary expenses; and reserves, if maintained
  109  by the association.
  110         (f) If an association has not provided the unit owner with
  111  a copy of the financial report within the time required as
  112  provided in paragraph (a), after receipt of a written request
  113  from the unit owner, the unit owner may notify the division of
  114  the association’s failure to provide the financial report. The
  115  division shall contact the association to request the
  116  association to provide the copy of the financial report to the
  117  unit owner within 5 working days after notification to the
  118  division by the unit owner. If the association further fails to
  119  provide the copy of the financial report, the association shall
  120  be required to provide a copy of the financial report to the
  121  division within 7 working days after such notification.
  122  Additionally, the association shall provide a copy of the
  123  financial report to the division for the 2 subsequent fiscal
  124  years within 21 days after the final financial report is
  125  completed by the association or received from the third party
  126  and shall notify the unit owners that the financial report has
  127  been filed with the division. The division shall maintain the
  128  financial reports and provide a copy of the financial reports to
  129  members of the public upon request.
  130         Section 3. Paragraph (b) of subsection (7) of section
  131  720.303, Florida Statutes, is amended, and paragraph (e) is
  132  added to that subsection to read:
  133         720.303 Association powers and duties; meetings of board;
  134  official records; budgets; financial reporting; association
  135  funds; recalls.—
  136         (7) FINANCIAL REPORTING.—Within 90 days after the end of
  137  the fiscal year, or annually on the date provided in the bylaws,
  138  the association shall prepare and complete, or contract with a
  139  third party for the preparation and completion of, a financial
  140  report for the preceding fiscal year. Within 21 days after the
  141  final financial report is completed by the association or
  142  received from the third party, but not later than 120 days after
  143  the end of the fiscal year or other date as provided in the
  144  bylaws, the association shall, within the time limits set forth
  145  in subsection (5), provide each member with a copy of the annual
  146  financial report or a written notice that a copy of the
  147  financial report is available upon request at no charge to the
  148  member. Financial reports shall be prepared as follows:
  149         (b)1. An association with total annual revenues of less
  150  than $150,000 shall prepare a report of cash receipts and
  151  expenditures.
  152         2. An association in a community of fewer than 50 parcels,
  153  regardless of the association’s annual revenues, may prepare a
  154  report of cash receipts and expenditures in lieu of financial
  155  statements required by paragraph (a) unless the governing
  156  documents provide otherwise.
  157         2.3. A report of cash receipts and disbursement must
  158  disclose the amount of receipts by accounts and receipt
  159  classifications and the amount of expenses by accounts and
  160  expense classifications, including, but not limited to, the
  161  following, as applicable: costs for security, professional, and
  162  management fees and expenses; taxes; costs for recreation
  163  facilities; expenses for refuse collection and utility services;
  164  expenses for lawn care; costs for building maintenance and
  165  repair; insurance costs; administration and salary expenses; and
  166  reserves if maintained by the association.
  167         (e) If an association has not provided the unit owner with
  168  a copy of the financial report within the time required pursuant
  169  to this section, after receipt of a written request from the
  170  unit owner, the unit owner may notify the division of the
  171  association’s failure to comply. The division shall contact the
  172  association to request the association to provide the copy of
  173  the financial report to the unit owner within 5 full business
  174  days after notification to the division by the unit owner. If
  175  the association further fails to provide the copy of the
  176  financial report, the association shall be required to provide a
  177  copy of the financial report to the division within 7 full
  178  business days after such notification. Additionally, the
  179  association shall provide a copy of the financial report to the
  180  division for the 2 subsequent fiscal years within 21 days after
  181  the final financial report is completed by the association or
  182  received from the third party and shall notify the unit owners
  183  that the financial report has been filed with the division. The
  184  division shall maintain the financial reports and provide a copy
  185  of the financial reports to members of the public upon request.
  186         Section 4. This act shall take effect July 1, 2016.